- 1 - HC-KAR CNR: KAHC010495542017 NC: 2026:KHC:38055 RSA No. 2382 of 2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA REGULAR SECOND APPEAL No.2382 OF 2017 (SP) BETWEEN: GIDDAIAH @ BANDRI GIDDAIAH SINCE DEAD BY HIS LRS 1. DADLAMMA, W/O GIDDAIAH @ BANDRI GIDDAIAH, MAJOR AGED ABOUT 50 YEARS 2. MALLAIAH S/O GIDDAIAH @ BANDRI GIDDAIAH MAJOR AGED ABOUT 50 YEARS 3. MALLAMMA S/O GIDDAIAH @ BANDRI GIDDAIAH W/O DADDAIAH, MAJOR R/AT BADA DADDAIAHNAVARA KAPILE 4. PARVATHAIAH S/O GIDDAIAH @ BANDRI GIDDAIAH AGED ABOUT 44 YEARS 5. MALLIKARJUNA S/O GIDDAIAH @ BANDRI GIDDAIAH AGED ABOUT 44 YEARS APPELLANTS 1 TO 5 ARE R/AT BANDRI GIDDAIAHNAVARA KAPILE, Digitally signed by MALATESH K C Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010495542017 NC: 2026:KHC:38055 RSA No. 2382 of 2017 MALLURAHALLI VILLAGE, NAYAKANAHATTI HOBLI, CHALLAKERE TALUK, CHITRADURGA DISTRICT-577 536. …APPELLANTS (BY SRI. VIJAYAKUMAR Y H, ADVOCATE) AND: 1. SMT OBAMMA W/O OBANNA, R/O MALLURAHALLI VILLAGE, R/AT HOUSING BOARD COLONY, CHALLAKERE TOWN, CHITRADURGA DISTRICT. 2. MALLAIAH (BANDRI) S/O PARRVATHAIAH, R/AT BANDRI GIDDAIAHNAVARA KAPILE, MALLURAHALLI VILLAGE, NAYAKANAHATTI HOBLI, CHALLAKERE TALUK, CHITRADURGA DISTRICT. …RESPONDENTS (BY SRI K.L.SHREENIVASA, ADVOCATE FOR R1; SRI R. SHASHIDHARA, ADVOCATE FOR R2) THIS RSA IS FILED UNDER SECTION 100 OF CIVIL PROCEDURE CODE, AGAINST THE JUDGMENT AND DECREE DATED 25.10.2016 PASSED IN R.A.NO.25/2016 ON THE FILE OF THE SENIOR CIVIL JUDGE, AND JMFC., CHALLAKERE, ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGMENT AND DECREE DATED 18.07.2016 PASSED IN O.S.NO.10/2012 ON THE FILE OF THE PRL.CIVIL JUDGE AND JMFC., CHALLAKERE. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE V SRISHANANDA - 3 - HC-KAR CNR: KAHC010495542017 NC: 2026:KHC:38055 RSA No. 2382 of 2017 ORAL JUDGMENT Learned counsel for the Appellants has filed the memo which reads as under: “Appellants regret to report before this Hon’ble Court the death of Appellant No.1/Dadlamma, who died on 17.11.2021. That, appellant No.2,3,4 and 5 are children of appellant No.1, they may be treated as legal representatives of appellant No.1 in the interest of justice and equity.” 2. Placing the memo on record, at the risk of the appellants, no further orders are necessary in respect of deceased appellant No.1. 3. Appellant Nos.2 to 5 and respondent Nos.1 and 2 are present before the Court. 4. A compromise petition under Order XXIII Rule 3 of the Code of Civil Procedure is filed, signed by the parties and their respective advocates. 5. Contents of the compromise petition is read over to the parties. - 4 - HC-KAR CNR: KAHC010495542017 NC: 2026:KHC:38055 RSA No. 2382 of 2017 6. Parties agree that contents of the compromise petition depict true terms of settlement and there is no force, undue influence or coercion in reaching out the terms of the settlement. 7. As such, there is no impediment for this Court to accept the compromise petition and pass modified decree. 8. Hence, the following: ORDER (i) Appeal stands allowed in terms of the compromise petition. (ii) Office is directed to pass modified decree in terms of the compromise petition appending copy of the compromise petition as part of the decree. (iii) No order as to costs. Sd/- (V SRISHANANDA) JUDGE kcm List No.: 1 Sl No.: 55