- 1 - HC-KAR CNR: KAHC010111392022 NC: 2026:KHC:40318 RSA No. 406 of 2022 C/W RSA No. 741 of 2021 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. 406 OF 2022 (PAR) C/W REGULAR SECOND APPEAL NO. 741 OF 2021 IN RSA No. 406/2022 BETWEEN: SMT SHAILA W/O LATE MUDLAGIRIYAPPA AGED 35 YEARS HOUSEHOLD R/O TEKALAVATTI HORAKEDEVARAPURA HOBLI HOLALKERE TALUK CHITRADURGA DISTRICT - 577 501 …APPELLANT (BY SRI. S.R. RAVIPRAKASH, ADVOCATE) AND: 1. SMT BHYRAMMA W/O LATE KARIAPPA SINCE DECEASED BY LRS RESPONDENTS NO.2 & 3 2. SMT. THIMMAKKA W/O KRISHNAPPA ALIAS RAMAKRISHNAPPA D/O LATE KARIAPPA AGED 57 YEARS HOUSEHOLD AND AGRICULTURIST Digitally signed by MALATESH K C Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010111392022 NC: 2026:KHC:40318 RSA No. 406 of 2022 C/W RSA No. 741 of 2021 R/O SHEERANAKATTE MAJURE KODIHALLY HATTI MADADAKERE POST AND HOBLI HOSADURGA TALUK CHITRADURGA DISTRICT - 577 527 3. SMT. KARIYAMMA W/O SHIVANNA D/O LATE KARIAPPA AGED ABOUT 52 YEARS HOUSEHOLD AND AGRICULTURIST R/O JOGAMMANAHALLI MATTHODU POST AND HOBLI HOSADURGA TALUK CHITRADURGA DISTRICT PIN - 577 527 4. SMT. YASHODHAMMA W/O BHYRAPPA AGED 49 YEARS AGRICULTURIST R/O DODDAGHATTA VILLAGE HIRIYUR TALUK, CHITRADURGA DISTRICT PIN - 572 143 5. SRI SHIVANNA S/O RAMAKRISHNAPPA AGED ABOUT 51 YEARS KSRTC CONDUCTOR BEHIND BANAHSNAKARI TEMPLE KOBARIPETE HOSADURGA, CHITRADURGA DISTRICT PIN - 577 527 RESPONDENTS NO.4 AND 5 ARE DELETED AS PER THE COURT ORDER DATED 31.07.2026 …RESPONDENTS - 3 - HC-KAR CNR: KAHC010111392022 NC: 2026:KHC:40318 RSA No. 406 of 2022 C/W RSA No. 741 of 2021 (BY SRI. SHIVAKUMARAPPA T.C., ADVOCATE FOR R2 AND R3 R1 - DECEASED R4 AND R5 - DELETED) THIS RSA IS FILED UNDER SECTION 100 R/W ORDER 41 RULE 1 OF CPC AGAINST THE JUDGMENT AND DECREE DATED 07.12.2019 PASSED IN RA No.27/2015 AND RA No.35/2015 ON THE FILE OF THE PRINCIPAL DISTRICT AND SESSIONS JUDGE, CHITRADURGA, PARTLY ALLOWING THE APPEALS AND SETTING ASIDE THE JUDGMENT AND DECREE DATED 25.04.2015 PASSED IN OS No.91/2006 ON THE FILE OF THE ITINERARY SENIOR CIVIL JUDGE, HOSADURGA. IN RSA NO. 741/2021 BETWEEN: 1. SMT THIMMAKKA W/O KRISHNAPPA @ RAMAKRISHNAPPA D/O LATE KARIYAPPA AGED ABOUT 60 YEARS AGRICULTURIST R/O SHEERANAKATTE MAJURE KODIHALLY HATTI MADADAKERE POST AND HOBLI HOSADURGA TALUK - 577 527 CHITRADURGA DISTRICT 2. SMT KARIYAMMA W/O SHIVANNA D/O LATE KARIYAPPA AGED ABOUT 56 YEARS R/O JOGAMMANAHALLI VILLAGE - 4 - HC-KAR CNR: KAHC010111392022 NC: 2026:KHC:40318 RSA No. 406 of 2022 C/W RSA No. 741 of 2021 MATHODU POST AND HOBLI HOSADURGA TALUK - 577 527 CHITRADURGA DISTRICT ...APPELLANTS (BY SRI. SHIVAKUMARAPPA T.C., ADVOCATE) AND: 1. SMT SHAILA W/O LATE MUDLAGIRIYAPPA AGED ABOUT 38 YEARS R/O TEKALAVATTI VILLAGE TALYA HOBLI HOLALKERE TALUK CHITRADURGA DISTRICT - 577 526 2. SMT YASHODAMMA W/O BHYRAPPA AGED ABOUT 60 YEARS AGRICULTURIST R/O DODDAGATTA VILLAGE HIRIYUR TALUK-577598 CHITRADURGA DISTRICT 3. SRI SHIVANNA S/O RAMAKRISHNAPPA AGED ABOUT 44 YEARS KSRTC CONDUCTOR R/O BEHIND BANASHANKARI TEMPLE KOBARIPATE HOSADURGA - 577 527 CHITRADURGA DISTRICT RESPONDENTS NO.2 AND 3 ARE DELETED AS PER ORDER DATED 31.07.2026 - 5 - HC-KAR CNR: KAHC010111392022 NC: 2026:KHC:40318 RSA No. 406 of 2022 C/W RSA No. 741 of 2021 4. SMT BHYRAMMA W/O D/O LATE KARIYAPPA AGED ABOUT 87 YEARS AGRICULTURIST R/O SHEERANAKATTE MAJURE KODIHALLY HATTI MADADAKERE POST AND HOBLI HOSADURGA TALUK - 577 527 CHITRADURGA DISTRICT DEAD, RESPONDENT NO.1 IS THE LR OF DECEASED RESPONDENT NO.4 AS PER ORDER DATED 31.07.2026 ...RESPONDENTS (BY SRI. S.R. RAVIPRAKASH, ADVOCATE FOR R1 R2, R3 DELETED R4 - DECEASED) THIS RSA IS FILED UNDER SECTION 100 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 07.12.2019 PASSED IN RA.NO. 35/2015 ON THE FILE OF THE PRINCIPAL DISTRICT AND SESSIONS JUDGE, CHITRADURGA, PARTLY ALLOWED THE APPEAL AND SETTING ASIDE THE JUDGMENT AND DECREE DATED 25.04.2015 PASSED IN OS.NO.91/2006 ON THE FILE OF THE ITINERARY SENIOR ICVIL JUDGE, HOSADURGA. THESE APPEALS, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE V SRISHANANDA - 6 - HC-KAR CNR: KAHC010111392022 NC: 2026:KHC:40318 RSA No. 406 of 2022 C/W RSA No. 741 of 2021 ORAL JUDGMENT 1. Respondents No.2 and 3 in RSA No.741/2021 and Respondents No.4 and 5 in RSA No.406/2021 namely Yashodhamma and Shivanna are deleted as they said to have taken their share in the land bearing Sy.No.5 of Sheerankatte Village measuring 4-05 guntas. 2. Remaining respondents are present before the Court. 3. A compromise petition filed under Order XXIII Rule 3 of the Code of Civil Procedure is signed by Thimmakka, Kariyamma and Shaila. Said compromise petition is also signed by the advocates of the respective parties. 4. Contents of the compromise petition read over. Parties agree that the terms of the compromise petition depict true terms of settlement and there is no force, - 7 - HC-KAR CNR: KAHC010111392022 NC: 2026:KHC:40318 RSA No. 406 of 2022 C/W RSA No. 741 of 2021 undue influence or coercion in reaching out the terms of the compromise. 5. Accordingly, there is no impediment for this Court to accept the compromise petition and dispose off the appeal. 6. Hence, following order: ORDER (i) Both appeals stand disposed off in terms of compromise petition. (ii) Office is directed to pass modified decree in terms of the compromise decree, appending the copy of the compromise petition as part of the decree. Sd/- (V SRISHANANDA) JUDGE SNC List No.: 1 Sl No.: 19