Extracted from the PDF above. The PDF is authoritative.
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HC-KAR
CNR: KAHC010255562025 NC: 2026:KHC:40246 RSA No. 570 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA REGULAR SECOND APPEAL No.570 OF 2025 (SP)
BETWEEN:
1. MUDLAGIRIYAPPA S/O MELAPPA, AGED ABOUT 69 YEARS,
2. NARASAMMA, W/O MUDLAGIRIYAAPPA, AGED ABOUT 61 YEARS,
3. C.M.SHIVAKUMAR, S/O MUDLAGIRIYAPPA, AGED ABOUT 40 YEARS,
4. C.M.RAGHUNATH S/O MUDLAGIRIYAPPA, AGED ABOUT 40 YEARS,
APPELLANT Nos.1 TO 4 ARE RESIDING AT CHINNAMMANAHALLI VILLAGE, NIDAGAL HOBLI, PAVAGADA TALUK – 572 116 …APPELLANTS
(BY SRI SAMPAT ANAND SHETTY, ADVOCATE FOR APPELLANT No.1;
SRI. VIVEK S, ADVOCATE FOR APPELLANT Nos.2 TO 4)
Digitally signed by MALATESH K C Location: HIGH COURT OF KARNATAKA
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HC-KAR
CNR: KAHC010255562025 NC: 2026:KHC:40246 RSA No. 570 of 2025
AND:
BOJARAJA S/O LATE DASAPPA, SINCE DEAD BY LRS.
1 SMT. KAMALAMMA, W/O LATE BOJA RAJA , AGED ABOUT 58 YEARS,
2.
SMT. ANUSHA. B, D/O LATE BOJA RAJA, AGED ABOUT 37 YEARS,
3.
SRI SUJITH. B, S/O LATE BOJA RAJA, AGED ABOUT 35 YEARS,
4.
SMT. PRATHYUSHA, D/O LATE BOJARAJA, AGED ABOUT 28 YEARS,
RESPONDENT Nos.1 TO 4 ARE RESIDING AT CHINNAMMANAHALLI VILLAGE, NIDAGAL HOBLI, PAVAGADA TALUK – 572 116
5.
SMT. TRIVENI, D/O MUDLAGIRIYAPPA, AGED ABOUT 42 YEARS
6.
SRI. C.M.NAGARAJ, S/O MUDLAGIRIYAPPA , AGED ABOUT 36 YEARS,
RESPONDENT NOS.5 AND 6 ARE RESIDING AT CHINNAMMANAHALLI VILLAGE, NIDAGAL HOBLI,
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HC-KAR
CNR: KAHC010255562025 NC: 2026:KHC:40246 RSA No. 570 of 2025
PAVAGADA TALUK – 572 116 …RESPONDENTS (BY SRI LAKSHMIKANTH.K, ADVOCATE FOR C/R1 TO R4;
SRI B.S.BASAVARAJU, ADVOCATE FOR R5 AND R6)
THIS RSA IS FILED UNDER SECTION 100 OF CIVIL PROCEDURE CODE, AGAINST THE JUDGMENT AND DECREE DATED 3.02.2025 PASSED IN RA NO.33/2022 ON THE FILE OF SENIOR CIVIL JUDGE AND JMFC, AT PAVAGADA., PARTLY ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGMENT AND DECREE DATED 5.07.2022 PASSED IN OS NO.128/2019 ON THE FILE OF ADDITIONAL CIVIL JUDGE AND JMFC, PAVAGADA.
THIS APPEAL, COMING ON FOR REPORTING SETTLEMENT, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE V SRISHANANDA ORAL JUDGMENT
Parties are present with their respective advocates. They present a compromise petition under Order XXIII Rule 3 of the Code of Civil Procedure signed by the parties and their respective advocates.
2. The contents of the compromise petition are read over to the parties. Parties submit that the terms of the compromise petition depict true terms of settlement.
They also unequivocally submit that there is no force, coercion or undue influence in reaching out the compromise.
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HC-KAR
CNR: KAHC010255562025 NC: 2026:KHC:40246 RSA No. 570 of 2025
3. Accordingly, there is no impediment for this Court to accept the compromise petition and dispose of the appeal in terms of the compromise petition.
4. Hence, the following:
ORDER (i) Compromise Petition is accepted.
(ii) Appeal stands disposed of in terms of the compromise petition.
(iii) Office is directed to draw modified decree in terms of the compromise petition appending copy of compromise petition as part of the decree.
(iv) Parties to bear their own costs.
(v) Appellants are entitled for the refund of permissible Court Fee.
(vi) Amount in deposit made by the respondents is ordered to be withdrawn by the respondents, under due identification. Sd/- (V SRISHANANDA) JUDGE kcm List No.: 1 Sl No.: 57