- 1 - HC-KAR CNR: KAHC010491702019 NC: 2026:KHC:38296 RFA No. 2279 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE RAJESH RAI K REGULAR FIRST APPEAL NO. 2279 OF 2019 (PAR/INJ) BETWEEN: SMT. B.S CHAITRA D/O SREENIVASA AGED ABOUT 26 YEARS, KASABA HOBLI, HIRIYUR TALUK CHITRADURGA DISTRICT R/O CHELURU VILLAGE, GUBBI TALUK TUMKUR DISTRICT PRESENTLY RESIDING W/O LATE K.N MAHESH AT BABBURU VILLAGE & POST HIRIYUR TALUK CHITRADURGA DISTRICT-577 598 …APPELLANT (BY SRI. MANJUNATH K.V, ADVOCATE) AND: 1. SMT PARVATHAMMA W/O NARAYANAPPA AGED ABOUT 73 YEARS, 2. NARAYANAPPA C S/O LATE CHIKKADASAPPA AGED ABOUT 83 YEARS, BOTH ARE R/AT KYADIGUNTE VILLAGE, HULIKUNTE HOBLI, SIRA TALUK TUMKUR DISTRICT-572 101 Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010491702019 NC: 2026:KHC:38296 RFA No. 2279 of 2019 3. THE SECTION OFFICER BESCOM MANGALAVADA PAVAGADA TALUK TUMKUR DISTRICT-572 101 4. THE ASSISTANT EXECUTIVE ENGINEER BESCOM, SUB-DIVISION PAVAGADA TALUK-561 202 5. THE EXECUTIVE ENGINEER DIVISION OFFICE, BESCOM MADHGIRI TOWN MADHGIRI TALUK-572 32 6. THE SUPERINTENDENT ENGINEER REGIONAL OFFICE, BESCOM TUMKUR DISTRICT-572 101 7. THE CHIEF ENGINEER DIVISION OFFICE BESCOM, CHITRADURGA ZONE CHITRADURGA -577 501 8. THE DIRECTOR BESCOM, KAVERI BHAVANA SBM CIRCLE, BANGALORE-560 001 9. THE MANAGING DIRECTOR BESCOM, K.R CIRCLE BANGALORE-560 001 10. THE DEPUTY DIVISIONAL MANAGER THE CHIEF POST MANAGER GENERAL (PLI) KARNATAKA CIRCLE BANGALORE-560 001 …RESPONDENTS (BY SRI.H.G. SWAMY, ADVOCATE FOR R1 & R2, SRI. V.N. MURTHY, ADVOCATE FOR R3 TO R9, SRI. MADHUKAR DESHPANDE, ADVOCATE FOR R10) THIS RFA IS FILED UNDER SECTION 96 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 25.09.2019 - 3 - HC-KAR CNR: KAHC010491702019 NC: 2026:KHC:38296 RFA No. 2279 of 2019 PASSED IN O.S.NO.16/2014 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, PAVAGADA, PARTLY DECREEING THE SUIT FOR PARTITION AND SEPARATE POSSESSION AND PERMANENT INJUNCTION. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE RAJESH RAI K ORAL JUDGMENT This appeal is directed against the judgment and decree passed in O.S.No.16/2014 dated 25.09.2019 by the Court of Senior Civil Judge and JMFC., at Pavagada (for short 'the Trial Court'), whereby the Trial Court partly decreed the suit as under: "ORDER Suit of the plaintiffs is hereby partly decreed with cost. The plaintiffs are together entitled 2/3 share in Item No.1, 2, 4 and 5 of 'A' schedule property. The defendant No.1 is directed to discharge the loan amount of 'B' schedule property. The Item No.3 of the 'A' schedule property is hereby rejected. The defendant No.2 to 9 are restrained from disbursing the remaining death benefits of deceased K.N.Mahesh in favour of the defendant No.1. Draw decree accordingly." - 4 - HC-KAR CNR: KAHC010491702019 NC: 2026:KHC:38296 RFA No. 2279 of 2019 2. Learned counsel appearing for both the parties have filed a joint memo under Order XXIII Rule 3 read with Section 151 of CPC and submit that the parties have settled their dispute amicably. The settlement arrived at between the parties as narrated in the compromise petition is as under: "COMPROMISE PETITION FILED UNDER ORDER 23 RULE 3 READ WITH SECTION 151 OF CPC The parties to the above appeal submit that both parties to the above appeal have decided to amicably settle the dispute on the following terms and conditions: Schedule A Property Item No.1 Postal Life Insurance policy No.KT- 321821-B, dated 26.12.2008 absolutely belongs to Respondent No.1 and 2. Item No.2 Postal Life Insurance policy No.KT-368069-US dated 29.12.2007, which as on the date of including interest is a total sum of Rs.12,82,000/- . Out of the said amount a sum of Rs.6,41,000/- is already received by the Respondent No.1 and 2. The remaining sum of Rs.6,41,000/- shall be released to the appellant out of which a sum of Rs.1,50,000/- shall be retained by the appellant and the remaining Rs.4,91,000/- shall be paid to the - 5 - HC-KAR CNR: KAHC010491702019 NC: 2026:KHC:38296 RFA No. 2279 of 2019 respondent No.1 and 2 by the appellant. Item No.3 Job on compassionate ground has already been given to the appellant. The Respondent No.1 and 2 have no objection or claims over the said appointment on compassionate ground. Item No.4 and 5 The amount of Rs.4,03,000/- herein is already received by the appellant and the Respondents No.1 and 2 declare that they have no claim over the same. " Schedule B property The liability of deceased Mahesh is cleared by the appellant in S.C.No.953/2020 in the court of the Chief Judge, Court of Small Causes Bengaluru (SCCH-26). 2. In view of the above compromise, the parties to the appeal request this Hon'ble Court to direct the Registry to draw the decree in the terms of this compromise petition. 3. That both parties herein assure and declare that they have voluntarily entered into this compromise and their there is no compulsion or coercion. Wherefore, this Hon'ble Court may be pleased to record the above compromise and pass appropriate order, in the interest of justice and equity." - 6 - HC-KAR CNR: KAHC010491702019 NC: 2026:KHC:38296 RFA No. 2279 of 2019 3. The parties are present before the Court and they have been duly identified by their respective counsel. They submit that they have agreed for settlement without any coercion and undue influence and that the appeal may be disposed of in terms of the compromise petition. 4. In view of the above, the compromise petition is taken on record and the appeal is accordingly disposed of in terms of compromise entered into between the parties. 5. The judgment and decree in O.S.No.16/2014 dated 25.09.2019 by the Court of Senior Civil Judge and JMFC., at Pavagada, is modified. The appellant undertakes to act in terms of the compromise petition at the earliest within an outer limit of two weeks. Decree shall be drawn in terms of compromise. Pending I.As., if any, stand disposed of. SD/- (RAJESH RAI K) JUDGE HKV List No.: 1 Sl No.: 19