- 1 - HC-KAR CNR: KAHC010111562013 NC: 2026:KHC:44082 RSA No. 157 of 2013 C/W RSA No. 325 of 2013 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE ASHOK S.KINAGI REGULAR SECOND APPEAL No.157 OF 2013 (SP) C/W REGULAR SECOND APPEAL No.325 OF 2013 IN RSA No. 157/2013 BETWEEN: SRI. GOPALAKRISHNA S/O LATE KASI RADHAKRISHNA SETTY AGED ABOUT 78 YEARS R/O 4TH BLOCK, OPP T SHAYAM PRASAD EYE CLINIC, LAKSHMI BAZAR CHITRADURGA-577501 …APPELLANT (BY SRI. T SHESHAGIRI RAO, ADVOCATE FOR SRI. SUNIL S RAO, ADVOCATE) AND: 1. SAI ASSOCIATES A REGISTER FIRM TO PARTNERS REPRESENTED BY TWO OF ITS PARTNERS (A) P H SURESH BABU S/O M R HANUMANTHAPPA AGED ABOUT 50 YERS MANAGING PARTNER SAI ASSOCIATES RESIDENTS OF 1ST CROSS, Digitally signed by SHILPABAI S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010111562013 NC: 2026:KHC:44082 RSA No. 157 of 2013 C/W RSA No. 325 of 2013 I BLOCK, JOGIMATTI ROAD CHITRADURGA-577501 (B) SMT. H V ASHA W/O P H SURESH AGED ABOUT 46 YEARS RESIDENTS OF 1ST CROSS, I BLOCK, JOGIMATTI ROAD CHITRADURGA-577501 2. SRI K R PRAKASH KUMAR S/O LATE KASI RADHAKRISHNA SETTY AGED ABOUT 63 YEARS MERCHANTS AND RESIDENTS OF CHITRADURGA-577501 3. SRI K R MANOHAR S/O LATE KASI RADHAKRISHNA SETTY AGED ABOUT 65 YEARS MERCHANTS AND RESIDENTS OF CHITRADURGA-577501 4. SRI K R SRINIVAS S/O LATE KASI RADHAKRISHNA SETTY AGED ABOUT 75 YEARS MERCHANTS AND RESIDENTS OF CHITRADURGA-577501 5. SRI K G RAMESH S/O K G GOPALAKRISHNA AGED ABOUT 45 YEARS MERCHANTS AND RESIDENTS OF CHITRADURGA-577501 6. SRI K G VENKATESH S/O K G GOPALAKRISHNA AGED ABOUT 50 YEARS MERCHANTS AND RESIDENTS OF CHITRADURGA-577501 - 3 - HC-KAR CNR: KAHC010111562013 NC: 2026:KHC:44082 RSA No. 157 of 2013 C/W RSA No. 325 of 2013 7. SRI K M VIJAY S/O K G GOPALAKRISHNA AGED ABOUT 35 YEARS MERCHANTS AND RESIDENTS OF CHITRADURGA-577501 8. SMT K V ARUNA W/O VISHWANATH D/O K SRINIVASA AGED ABOUT 50 YEARS MERCHANTS AND RESIDENTS OF CHITRADURGA-577501 9. SMT K VANITHA W/O KISHORE D/O SRINIVASA AGED ABOUT 42 YEARS MERCHANTS AND RESIDENTS OF CHITRADURGA-577501 10. SRI K P MOHAN KRISHNA S/O PRAKASH KUMAR MERCHANTS AND RESIDENTS OF CHITRADURGA-577501 …RESPONDENTS (BY SRI. ASHOK R KALYANASHETTY.,ADVOCATE FOR R1(A&B) SRI. M S VARADARAJAN, ADVOCATE FOR R2 TO R10) THIS RSA IS FILED U/S. 100 OF CPC AGAINST THE JUDGEMENT & DECREE DTD 16.11.2012 PASSED IN R.A.NO.14/2010 ON THE FILE OF PRINCIPAL DISTRICT AND SESSIONS JUDGE, CHITRADURGA, DISMISSING THE APPEAL AND CONFIRMING THE JUDGEMENT AND DECREE DTD 27.11.2009 PASSED IN OS.NO.18/2002 ON THE FILE OF CIVIL JUDGE (SR.DN.), CHITRADURGA. - 4 - HC-KAR CNR: KAHC010111562013 NC: 2026:KHC:44082 RSA No. 157 of 2013 C/W RSA No. 325 of 2013 IN RSA NO. 325/2013 BETWEEN: 1. SRI K.R PRAKASH KUMAR AGED ABOUT 65 YEARS S/O LATE KASI RADHAKRISHNA SETTY MERCHANT RESIDENTS OF CHITRDURGA 577 501 2. SRI K R MANOHAR AGED ABOUT 63 YEARS S/O LATE KASI RADHAKRISHNA SETTY MERCHANT RESIDENTS OF CHITRADURGA 577 501 3. SRI K R SRINVIAS AGED ABOUT 75 YEARS S/O LATE KASI RADHAKRISHNA SETTY MERCHANT RESIDENTS OF CHITRADURGA 577 501 4. SRI K G RAMESH AGED ABOUT 45 YEARS S/O LATE K G GOPALAKRISHNA MERCHANT RESIDENTS OF CHITRADURGA 577 501 5. SRI K G VENKATESH AGED ABOUT 50 YEARS S/O K G GOPALAKRISHNA MERCHANT & RESIDENTS OF CHITRADURGA 577 501 6. SRI K M VIJAY AGED ABOUT 35 YEARS S/O K G GOPALAKRISHNA - 5 - HC-KAR CNR: KAHC010111562013 NC: 2026:KHC:44082 RSA No. 157 of 2013 C/W RSA No. 325 of 2013 MERCHANT RESIDENTS OF CHITRADURGA 577 501 7. SMT K V ARUNA AGED ABOUT 50 YEARS W/O VISHWANATH D/O K SRINIVASA MERCHANT RESIDENTS OF CHITRADURGA 577 501 8. SMT K VANITHA AGED ABOUT 42 YEARS W/O KISHORE D/O SRINIVASA MERCHANT RESIDENTS OF CHITRADURGA 577 501 9. SRI K P MOHAN KRISHNA S/O PRAKASH KUMAR MERCHANT RESIDENTS OF CHITRADURGA 577 501 ...APPELLANTS (BY SRI. M S VARADARAJAN, ADVOCATE) AND: 1. M/S SAI ASSOCIATES A REGISTERED FIRM OF PARTNERS REPRESENTED BY TWO OF ITS PARTNERS (A) P H SURESH BABU S/O M R HANUMANTHAPPA MAJOR, MANAGING PARTNER SAI ASSOCIATES R/O OF 1ST CROSS, 1ST BLOCK JOGIMATTI ROAD - 6 - HC-KAR CNR: KAHC010111562013 NC: 2026:KHC:44082 RSA No. 157 of 2013 C/W RSA No. 325 of 2013 CHITRADURGA (B) SMT H V ASHA W/O P H SURESH BABU MAJOR R/O OF 1ST CROSS, 1ST BLCOK JOGIMATTI ROAD CHITRADURGA 2. SRI K R GOPALAKRISHNA AGED ABOUT 78 YEARS S/O LATE KASI RADHAKRISHNA SETTY R/O 4TH BLOCK, OPP T SHYAM PRASAD EYE CLINIC, LAKSHMI BAZAR CHITRADURGA 577501 ...RESPONDENTS (BY SRI. ASHOK R KALYANASHETTY., ADVOCATE FOR R1(A & B) V/O DATED 17.08.2026 SRI. T SHESHAGIRI RAO, SUNIL S RAO, ADVOCATES FOR R2) THIS RSA IS FILED U/S. 100 OF CPC., AGAINST THE JUDGEMENT & DECREE DTD 16.11.2012 PASSED IN R.A.NO.15/2010 ON THE FILE OF THE PRL. DISTRICT & SESSIONS JUDGE, CHITRADURGA, DISMISSING THE APPEAL AND CONFIRMING THE JUDGEMENT AND DECREE DTD 27.11.2009 PASSED IN OS.NO.18/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN) CHITRADURGA. THESE APPEALS, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE ASHOK S.KINAGI - 7 - HC-KAR CNR: KAHC010111562013 NC: 2026:KHC:44082 RSA No. 157 of 2013 C/W RSA No. 325 of 2013 ORAL JUDGMENT 1. The appellants and the respondents are present before the Court and they are identified by their respective counsels. 2. The parties have filed a compromise petition under Order XXIII Rule 3 of the Code of Civil Procedure, 1908, which reads as follows: “1. It is submitted that, the above appeals have been preferred by the defendants in the original side i.e., Defendant No. 1 in RSA No. 157/2013 and Defendant Nos. 2 to 10 in RSA No. 325/2023 as against the impugned judgment and decree dated 27.11.2009 passed by the learned trial court in O.S. No. 18/2002, which was confirmed by the first appellate court in RA No. 14/2010 & 15/2010. It is submitted that, during the pendency of the above appeal, the parties to the present lis have agreed to settle the dispute between themselves wherein, the Appellants in RSA No. 157/2013 and RSA No. 325/2013 being the Defendants - 8 - HC-KAR CNR: KAHC010111562013 NC: 2026:KHC:44082 RSA No. 157 of 2013 C/W RSA No. 325 of 2013 on the original side have agreed to take Site Nos. 3,4,5,11 and 12 to their share con-jointly and consequently, the Respondent No.1 in both the appeals being M/s. Sai Associates, a firm represented by Sri. P.H. Suresh Babu, being the Plaintiff on the original side, has agreed to take Site Nos. 6,7,8,9, and 10 which shall be treated as a full and final settlement of its entire claim for the relief of specific performance of the agreement of the sale dated 18-01-1999/19-01- 1999. The same shall be treated as a decree between the Parties and same shall be as a measure of full and final settlement of the suit claim and the remaining sites (viz. Site Nos. 3, 4, 5, 11 & 12) within the suit claim shall vest with the respective defendants. 2. It is submitted that, the Defendants have today handed over possession of Site Nos. 6 to 10 to the Plaintiff/Respondent No.1, with accessible road. The Appellants/Defendants agree and undertake to leave the existing road as an approach road to the - 9 - HC-KAR CNR: KAHC010111562013 NC: 2026:KHC:44082 RSA No. 157 of 2013 C/W RSA No. 325 of 2013 Plaintiff/Respondent No.1 to have an access to the sites given to it under this joint memo. The Plaintiff shall be entitled to have the Sale Deed registered vis-a-vis Site Nos.6 to 10, by paying the necessary stamp duty and registration expenses and Defendants shall undertake to execute the sale deed as and when called upon failing which, the current compromise petition itself may be sought to be executed as per the process of law. 3. That, the Plaintiff/Respondent No.1 does hereby agree and undertake not to cause any interference of the possession of the Defendants with respect to Site Nos. 3, 4, 4, 5, 11 and 12. In view of the present compromise petition, and vis-à- vis with the sites of the plaintiff the above appeal may be disposed off accordingly. Hence, the present compromise petition. Wherefore, it is most humbly prayed that this Hon'ble Court may be pleased to dispose of the above appeal in terms of the present compromise petition, in the interest of justice and equity. - 10 - HC-KAR CNR: KAHC010111562013 NC: 2026:KHC:44082 RSA No. 157 of 2013 C/W RSA No. 325 of 2013 SCHEDULE PROPERTY TO THE COMPROMISE: ALLOCATION OF PROPERTY TO RESPONDENT NO.1 IN RSA No.325/2013 c/w RSA No.157/2013. All that piece and parcel of property bearing Site No. 6, 7, 8, 9, and 10, which are situated consecutive to each other which are carved out of land bearing Sy.No. 10/3A of Garehati Village (Cholagatta Village), Kasaba Hobli, Chitradurga District, duly converted for residential purposes by the Orders of Deputy commissioner, Chitradurga in case no: ALN(SR) 248/84-85, dated: 28.01.1985, each site measuring as hereunder: Sl. No. Site No. Khata No. Measurement a. 6 5819 40 ½ *30 b. 7 5820 40 ½ *30 c. 8 5821 (42+41)/2*30 d. 9 5822 (43+42)/2*30 e. 10 5823 (44+43)/2*30 which is commonly bounded as here under: - 11 - HC-KAR CNR: KAHC010111562013 NC: 2026:KHC:44082 RSA No. 157 of 2013 C/W RSA No. 325 of 2013 East: Site No.5 jointly allotted to share of Appellants in RSA.No. 325/2013 and 157/2013. West: Site No. 11 jointly allotted to share of Appellants in RSA.No. 325/2013 and 157/2013. North: Remaining land in Sy.No.10/3A, presently Chandappa Saw Mill Compound. South: Layout Road APPELLANTS SHARE A. PROPERTY ALLOTTED TO THE SHARE OF APPELLANTS IN RSA.No. 325/2013 AND RSA, NO. 157/2013: All that piece and parcel of property bearing Site No. 3, 4, and 5, which are situated consecutive to each other which are carved out of land bearing Sy.No. 10/3A of Garehati Village (Cholaghatna Village), Kasaba Hobili, Chitradurga District, duly converted for residential purposes by the Orders of Deputy Commissioner, Chitradurga in case no: ALN(SR) 248/84-85, dated: 28.01.1985, each site measuring as hereunder: - 12 - HC-KAR CNR: KAHC010111562013 NC: 2026:KHC:44082 RSA No. 157 of 2013 C/W RSA No. 325 of 2013 Sl.No. Site No. Khata No. Measurement a. 3 5816 40 *30 b. 4 5817 40 *30 c. 5 5818 40 ½ *30 Which is commonly bounded as here under: East: Site No.2 West: Site No.6 allotted to share of Respondents in RSA.No. 325/2013 and RSA.No. 157/2013. North: Remaining land in Sy.No. 10/3A, presently Chandappa Saw Mill Compound; South: Layout Road; B. PROPERTY ALLOTTED TO THE SHARE OF APPELLANTS IN RSA.No. 325/2013 AND RSA.No. 157/2013; All that piece and parcel of property bearing Site No. 11 and 12, which are situated consecutive to each other which are carved out of land bearing Sy.No. 10/3A of Garehati Village (Cholagatta Village), Kasaba Hobli, Chitradurga District, duly converted for residential purposes by the Orders of Deputy Commissioner, Chitradurga in case no: ALN(SR) 248/84-85, dated: 28.01.1985, each site measuring as hereunder: - 13 - HC-KAR CNR: KAHC010111562013 NC: 2026:KHC:44082 RSA No. 157 of 2013 C/W RSA No. 325 of 2013 Sl.No. Site No. Khata No. Measurement a. 11 5824 (45+44)/2 *30 b. 12 5825 (46+45)/2 *30 Which is commonly as bounded here under: East: Site No.10 allotted to share of Respondent No.1 in RSA.No. 325/2013 and RSA.No. 157/2013 West: Site No. 13. North: Remaining land in Sy.No. 10/3A, presently Chandappa Saw Mill Compound; South: Layout Road.” 3. The contents of the compromise petition are read over to them and explained in Kannada language known to them. They pray to accept the compromise petition and dispose of the appeals in terms of the compromise petition. 4. Perused the contents of the compromise petition. There is no impediment for accepting the compromise petition. - 14 - HC-KAR CNR: KAHC010111562013 NC: 2026:KHC:44082 RSA No. 157 of 2013 C/W RSA No. 325 of 2013 5. Accordingly, the compromise petition is accepted. The appeals are disposed of in terms of the compromise petition. 6. Registry is directed to refund the admissible Court fees, as contemplated under the provisions of Section 66 of the Karnataka Court Fees and Suits Valuation Act, 1958, in both appeals. 7. Draw decree in terms of the compromise petition. 8. In view of the disposal of the appeals, pending interlocutory applications, if any, do not survive for consideration and accordingly disposed of. Sd/- (ASHOK S.KINAGI) JUDGE RK List No.: 2 Sl No.: 1