- 1 - HC-KAR CNR: KAHC010383152021 NC: 2026:KHC:38677 RFA No. 1164 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR REGULAR FIRST APPEAL NO. 1164 OF 2021 (DEC/PAR) BETWEEN: 1. SRI HARISH S/O SRI ARASAPPA AGED ABOUT 49 YEARS 2. SRI YOGESHA S/O SRI ARASAPPA AGED ABOUT 47 YEARS BOTH ARE R/AT NO.150, 8TH CROSS, AGRAHARA DASARAHALLI BENGALURU – 79. …APPELLANTS (BY SRI. SHIVAYOGI B HALLUR, ADVOCATE) AND: 1. SRI. MARUTHI S/O. SRI ARASAPPA NOW AGED ABOUT 56 YEARS, RA/T NO.26/23 II MAIN ROAD Digitally signed by THEJAS KUMAR N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010383152021 NC: 2026:KHC:38677 RFA No. 1164 of 2021 MARENAHALLI, VIJAYANAGAR BENGALURU 2. VIJAYALAKSHMI D/O SRI ARASAPPA NOW AGED ABOUT 52 YEARS, RESIDING AT NO.150 8TH CROSS AGRAHARA DASARAHALLI BENGALURU – 79. …RESPONDENTS (BY SRI. T R RAJAGOPAL, ADVOCATE FOR R1; SRI. ANAND R B, ADVOCATE FOR R2) THIS RFA IS FILED UNDER SEC.96 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 14.07.2021 PASSED IN OS.NO.26261/2012 ON THE FILE OF THE LXXIII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, MAYO HALL UNIT, BENGALURU (CCH.NO.74), IN SO FAR AS THE COURT HAS HELD THAT THE PLAINTIFF IS ENTITLED TO 1/4TH SHARE IN RESPECT OF SUIT SCHEDULE PROPERTY AND ETC., THIS APPEAL, COMING ON FOR REPORTING SETTLEMENT, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR - 3 - HC-KAR CNR: KAHC010383152021 NC: 2026:KHC:38677 RFA No. 1164 of 2021 ORAL JUDGMENT Appellants No.1 and 2 and respondents No.1 and 2 are personally present before this Court along with their respective advocates and submitted a memorandum of compromise petition filed under Order XXIII Rule 3 of CPC. They have submitted that they have compromised the matter between themselves amicably on their own will and wish without any undue influence and coercion by any other third party. Therefore, requested to dispose of the appeal in terms of the compromise petition. 2. Their submission and compromise petition are placed on record. 3. To the compromise petition, the appellants and respondents have put their respective signatures and the Advocates for both the parties have also put their respective signatures. The compromise petition is annexed with sketch prepared by ADLR. The compromise petition reads as under: - 4 - HC-KAR CNR: KAHC010383152021 NC: 2026:KHC:38677 RFA No. 1164 of 2021 “MEMORANDUM OF COMPROMISE SETTLEMENT UNDER ORDER XXIII RULE 3 OF CPC” That the parties will be referred hereinafter by the rank they occupied before the trial court. 1. The plaintiff/respondent No.1 herein filed a suit O. S. No. 26261/2012 on the file of LXXIII Addl. City Civil & Sessions Judge, Mayo Hall Unit, Bengaluru seeking for declaration declaring that he is entitled for his 1/4th legitimate share in the suit schedule properties, further for partition of his 1/4th share in the suit schedule properties by metes and bounds. 2. The Plaintiff and defendants are children of late Sri. Arasappa and Smt. Ratnamma. The Suit schedule properties Item No.1 to 3 belongs to their father Sri. Arasappa. After receiving court summons, defendants appeared before the court through their counsel and filed their written statement. On the basis of the pleadings, the Trial court has framed issues. Plaintiff examined himself as PW-1 and marked documents Ex.P.1 to P.8 and defendant No.1 examined himself as DW-1 defendant No.1 examined himself as DW-2 and marked documents Ex.D.1 to D.19. - 5 - HC-KAR CNR: KAHC010383152021 NC: 2026:KHC:38677 RFA No. 1164 of 2021 3. After full-fledged adjudication, the Trial court decreed the suit of the plaintiff and ordered that the plaintiff and defendants are entitled to have 1/4th share each in the suit schedule properties Item No.1 to 3 and plaintiff is entitled to have separate possession of 1/4th share in the suit schedule properties by metes and bounds by judgment and decree dated 14.07.2021. 4. Aggrieved by the judgment and decree dated 14.07.2021 passed by the LXXIII AddI. City Civil & Sessions Judge, Mayo Hall Unit, Bengaluru in O.S.No.26261/2012, defendants No.2 and 3 filed RFA No.1164/2021 before this Hon'ble Court. 5. After passing of the judgment and decree by the Trial court, plaintiff filed the FDP No.25029/2021 before the LXXIII Addl. City Civil & Sessions Judge, Mayo Hall Unit, Bengaluru. In the said FDP, the Trial court pleased to appoint the court Commissioner on the application filed by the plaintiff. Accordingly, the ADLR, Yelahanka Taluk, Yelahanka is appointed as Court commissioner to enquire into the suit schedule property Item No.1 to identify the shares of the parties. The ADLR filed his report in respect of suit schedule property item No.1 i.e. land in Sy. - 6 - HC-KAR CNR: KAHC010383152021 NC: 2026:KHC:38677 RFA No. 1164 of 2021 No.23 of Amani Marasandra village, Hesaraghatta Hobli, Yelahanka taluk and prepared detailed report. As per the report dated 15.12.2022 along with sketch by dividing Item No.1 of the suit schedule property and allotted to the parties to the suit with metes and bounds. Copy of the report and sketch prepared by the ADLR in respect of Item No.1 of the suit schedule property is produced herewith as part and parcel of this compromise petition. 6. Similarly, for the enquire and division of Item No.2 & 3 of the suit schedule properties, Joint Commissioner (W) BBMP, Bengaluru is appointed as Court Commissioner. The court commissioner submitted his report dated 08.03.2023 in respect Item No.2 & 3 of the suit schedule property. 7. During the pendency of this first appeal, this Hon'ble Court pleased to refer this appeal for private mediation to Advocate Sri. Prashanth Chandra. During the mediation, all the parties have amicably settled all their disputes with regard to suit schedule properties as follows: i) The settlement arrived between the parties in respect of Item No.1 of the suit schedule property i.e. all that piece and parcel of property bearing Sy. - 7 - HC-KAR CNR: KAHC010383152021 NC: 2026:KHC:38677 RFA No. 1164 of 2021 No.23 of Amanimarasandra village, Hesaragatta-2 Hobli, Bengaluru North, Bengaluru measuring 1 acre 35 guntas, all the parties have agreed that the Suit schedule property Item No.1 has been divided in four parts by ADLR, Yelahanka, Hesaragattataluk and prepared the sketch and marked Block No.1 to 4 allotted to Maruthi, Vijayalakshmi, Yogesh and Harish respectively. As per the sketch all the parties have agreed to hold their respective 1/4th shares each. ii) The settlement arrived between the parties in respect of Item No.2 of the suit schedule property i.e. all that piece and parcel of property bearing Corporation No.10/2, Old No.32, formed out of Old Sy. No. 32, 2nd Cross, Agraharadasarahalli, Corporation 2nd Division, Bengaluru, measuring East-West: 48 feet and North-South: 30 feet and bounded on the East by Conservancy lane and Revenna's house, West by 2nd Cross Road, North by Galli and South by private property, the plaintiff and defendant No.1 have agreed that they will release/relinquish their shares, possession over Item No.2 of suit schedule property in favour of defendants No.2 and 3 jointly. The Plaintiff and defendant No.1 have given up all their rights, claims in Item No.2 of suit schedule property in favour of defendants No.2 and 3 jointly and they have every - 8 - HC-KAR CNR: KAHC010383152021 NC: 2026:KHC:38677 RFA No. 1164 of 2021 right to get transfer of Khatha in respect of Item No.2 of suit schedule property in their name jointly.. iii) The settlement arrived between the parties in respect of Item No.3 of the suit schedule property i.e., all that piece and parcel of property bearing Municipal No.10/10B.D.A. N.10, situated at Magadi Main Road, Chord Road Layout, Magadi Road, Bengaluru, BBMP Ward No.36, measuring East to West: 6.10 Meters (20.0131 Feet) and North to South 7 meters (22.9658 Feet) admeasuring 459.6189 sq. ft. rounded off to 460 Sq. ft. bounded on the East by Property No.9, West by Property No.11 North by road and South by Property No.32. iv) The defendant No.1 released her share in favour of Plaintiff in respect of Item No.3 of the suit schedule property and agreed that she will not claim anything in future and agreed to execute release deed of share in favour of Plaintiff. v) The sale consideration of Item No.3 in respect of the shares belongs to defendant No.2 & 3 jointly is arrived at Rs.49,00,000/- (rupees Forty Nine Lakh only) the Plaintiff agrees to pay a sum of Rs.49,00,000/- (rupees Forty Nine Lakh only) to defendants No.2 and 3. The plaintiff agrees to pay a sum of Rs.24,50,000/- (rupees Twenty Four Lakh Fifty Thousand only) to defendant No.2 Harish D. A and a sum of Rs.24,50,000/- (rupees Twenty Four - 9 - HC-KAR CNR: KAHC010383152021 NC: 2026:KHC:38677 RFA No. 1164 of 2021 Lakh Fifty Thousand only) to defendants No. 3 Yogesha in the form of Cheques at the time of handing over the Suit schedule Item No.3 property to the plaintiff. v-a) The parties hereby acknowledge that the Plaintiff has paid and Defendants No.2 and 3 have received the sale consideration in the following manner towards the transfer of their respective rights, title and interest in Item No.3 of the suit schedule property: SL. NO. Date Mode of Payment (Cheque) Cheque No. Amount(₹) Will be Paid to 1 20/7/2026 Cheque 000047 ₹6,60,000/- Defendant No.2 2 20/07/2026 Cheque 010717 ₹8,70,000/- Defendant No.2 3 20/7/2026 Cheque 000002 ₹9,20,000/- Defendant No.2 4 20/7/2026 Cheque 010718 ₹8,20,000/- Defendant No.3 5 20/7/2026 Cheque 100002 ₹6,00,000/- Defendant No.3 6 20/7/2026 Cheque 009516 ₹5,00,000/- Defendant No.3 7 20/7/2026 Cheque 009517 ₹5,30,000/- Defendant No.3 The Defendants No.2 and 3 hereby admit and acknowledge the receipt of the aforesaid amounts from the Plaintiff towards the sale consideration for Item No.3 of the suit schedule property and declare that no further amount remains due and payable by - 10 - HC-KAR CNR: KAHC010383152021 NC: 2026:KHC:38677 RFA No. 1164 of 2021 the Plaintiff in respect of the said consideration, subject to realization of the instruments, if any. vi) Plaintiff and defendant No.1 have agreed to convey their respective shares in favour of defendants No.2 and 3 in respect of Item No.2 of suit schedule property by executing release deed before the concerned Sub-Registrar and to do all necessary acts for change of khata to Item No.2 of suit schedule property in the name of defendants No.2 and 3. Defendants No.2 and 3 agree to bear all the expenses for registration and for change of Khatha in respect of Item No.2 of suit schedule property. Item No.2 of suit schedule property is standing in the name of defendants No.2 and 3. vii) The plaintiff is agreed to bear all the cost, expenditure for registration of Khatha in respect of Item No.3 of suit schedule property. Defendants No.2 and 3 have agreed that they will pay all the statutory dues and so also clear all the loans/dues under any of the finance or banks in respect of Item No.3 of suit schedule property up-to-date and also agreed that they will vacate and hand over the same on the date of receiving a sum of Rs.49,00,000/- from the plaintiff and also agreed to co-operate with the plaintiff to do all necessary acts and deeds for registration and change of Khatha in respect of Item No.3 of suit schedule property. The - 11 - HC-KAR CNR: KAHC010383152021 NC: 2026:KHC:38677 RFA No. 1164 of 2021 defendant No 2 and defendant No.3 have given up all their rights, claims in Item No.3 of suit schedule property in favour of Plaintiff and he has every right to get transfer of Khatha in respect of Item No.3 of suit schedule property in his name for which none of the parties have any objections for the same. viii) Defendants No.2 and 3 hereby agree and undertake to hand over to the Plaintiff, at the time of execution and registration of the conveyance deed and/or delivery of vacant possession of Item No.3 of the suit schedule property, all the original title deeds, parent documents, khatha certificate and extract, tax paid receipts, sanctioned plan (if any), possession certificate, encumbrance certificates, and all other original records and documents relating to Item No.3 of the suit schedule property that are in their possession, custody or control. In the event any original document is not available for any bona fide reason, Defendants No.2 and 3 shall furnish the Plaintiff with a written declaration explaining the non- availability of such document and shall provide all available certified copies and extend full cooperation for obtaining certified copies or duplicate documents from the concerned authorities. - 12 - HC-KAR CNR: KAHC010383152021 NC: 2026:KHC:38677 RFA No. 1164 of 2021 ix) The parties hereby agree that Item No.3 of the suit schedule property shall exclusively belong to the Plaintiff. In the event the whole or any portion of Item No.3 is acquired at any time in future by the Government of Karnataka, Government of India, Bangalore Metro Rail Corporation Limited (BMRCL), or any other statutory authority or local authority for the purpose of Metro Rail Project or for any other public purpose, the entire compensation, enhanced compensation, solatium, interest, rehabilitation benefits, additional compensation, transferable development rights (TDR), or any other monetary or non-monetary benefits whatsoever arising out of such acquisition shall exclusively belong to and be payable to the Plaintiff and his legal heirs/successors. Defendants No.1, 2 and 3 hereby relinquish all their rights, title, interest and claims over such compensation and undertake not to raise any objection, dispute or interference before any authority or court in respect of the payment or release of such compensation or benefits in favour of the Plaintiff and his legal heirs/successors. x) Plaintiff and defendants No.1 and 3 have agreed that as per Commissioner's report, they will receive their respective shares in Item No.1 of suit schedule property as per the sketch prepared by the - 13 - HC-KAR CNR: KAHC010383152021 NC: 2026:KHC:38677 RFA No. 1164 of 2021 ADLR. The respective parties have to bear all the cost and expenses to get their names in the revenue records and to get hissa, phodi and RTC in their respective names in respect of their respective shares. xi) Plaintiff and defendants No.2 and 3 have agreed that they will ready to give atonement letter showing the actual rent and advance amount, received from the respective tenants who are continued to occupied in Item No.3 of suit schedule property in favour of plaintiff and also agreed that they are ready to pay the security deposits received from the respective tenants by counter signed by such tenants. 8. As per the above terms and conditions, parties have settled amongst themselves out of their own free will, consent without any force or any undue influence for filing of this compromise petition. 9. In the light of the settlement arrived between the parties it is respectfully prayed that the prayer regarding partition and division of the suit schedule properties may be disposed off as the terms and conditions arrived between the parties - 14 - HC-KAR CNR: KAHC010383152021 NC: 2026:KHC:38677 RFA No. 1164 of 2021 under the instant settlement in the interest of justice and equity. SUIT SCHEDULE PROPERTIES ITEM No.1: (Fallen to the share of Plaintiff and defendant No.1 to 3 of 1/4th share each) All that piece and parcel of the property bearing Sy. No.23 of Amanimarasandra village, Hesaragatta-2 Hobli, Bengaluru North(Apara), Bengaluru measuring 1 acre 35 guntas and bounded on the:- East by : Property belongs to PatelaKusthiBasappa land of the same Survey No. West by : Property belongs to Chikkarangappa, North by : Government Canal and the property belongs to Puttarangaiaha, Nanjaiaha, Byriya and Chennappa and South by : Property belongs to Chikkarangappa Patel, KustiBasappa and PuttaRudrappa ITEM No.2: (Fallen to the share of Defendant No.2 and No.3 of 1/2 share each) All that piece and parcel of property bearing Corporation No.10/2, Old No.32, formed out of Old Sy. No.32, 2nd Cross, Agrahara Dasarahalli, - 15 - HC-KAR CNR: KAHC010383152021 NC: 2026:KHC:38677 RFA No. 1164 of 2021 Corporation 2nd Division, Bengaluru, measuring East-West: 48 feet and North-South: 30 feet and bounded on the:- East by: Conservancy lane and Revenna's house, West by: 2nd Cross Road, North by: Galle (Road) and South by: private property ITEM No.3: (Exclusively Fallen to the share of Plaintiff) All that piece and parcel of property bearing Municipal No.10/10, BDA No.10, situated at Magadi Main Road, Chord Road Layout, Magadi Road, Bengaluru, BMP Ward No.36, measuring East to West: 6.10 Meters and North to South: 7 meters bounded on the:- East by: Property No.9, West by: Property No.11 North by: Road and South by: Property No.32.” 4. Accordingly, the appeal is disposed of in terms of the compromise petition. 5. Draw the decree accordingly. - 16 - HC-KAR CNR: KAHC010383152021 NC: 2026:KHC:38677 RFA No. 1164 of 2021 6. The copy of the compromise petition shall be read as part and parcel of the decree. 7. In view of disposal of the main appeal in terms of compromise, I.A., if any, does not survive for consideration and the same stands disposed of. Sd/- (HANCHATE SANJEEVKUMAR) JUDGE UN List No.: 1 Sl No.: 83