- 1 - HC-KAR CNR: KAHC010408592020 NC: 2026:KHC:45611 RSA No. 1365 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA REGULAR SECOND APPEAL No.1365 OF 2021 (SP) BETWEEN: 1. SRILAKSHMI N G W/O B. GURUPRASAD, AGED ABOUT 42 YEARS, R/O No.205, 4TH MAIN, 5TH CROSS, SRINIVAS NAGAR BANGALORE - 560 050. NOW R/O No.100, 2ND CROSS, RAM MANDIR ROAD, JAYANAGARA, SHIMOGA - 577 201. 2. GOPALAKRISHNA ACHARYA S/O SRINIVAS ACHAR, AGED ABOUT 34 YEARS, R/O H.NO.46, NEGAR VILLAGE PADAGERI POST, SIRSI TALUK UTTARA KANNADA DISTRICT - 581 408. …APPELLANTS (BY SRI. R. GOPAL, ADVOCATE) AND: ESHWARAPPA NAIK S/O T P THAMMANNA NAIK, AGED ABOUT 72 YEARS, OCC: ADVOCATE AND AGRICULTURIST, R/O JOSEPH NAGAR SAGAR TOWN, SAGAR TALUK SHIVAMOGGA DISTRICT - 577 201 SINCE DEAD BY LRs: Digitally signed by MALATESH K C Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010408592020 NC: 2026:KHC:45611 RSA No. 1365 of 2021 1. SMT. SHUBA W/O LATE ESHWARAPPA NAIK AGED MAJOR, R/O JOSEPH NAGAR SAGAR TOWN, SAGAR TALUK SHIVAMOGGA DISTRICT - 577 201. 2. NAGARAJ E N S/O LATE ESHWARAPPA NAIK AGED MAJOR, R/O JOSEPH NAGAR SAGAR TOWN, SAGAR TALUK SHIVAMOGGA DISTRICT-577 201. 3. SHAMA NAIK D/O LATE ESHWARAPPA NAIK AGED MAJOR, R/O JOSEPH NAGAR SAGAR TOWN, SAGAR TALUK SHIVAMOGGA DISTRICT - 577 201. (NAME OF R-3 CORRECTED VIDE ORDER DATED 24.08.2026) 4. NIRUPAMA D/O LATE ESHWARAPPA NAIK AGED MAJOR, R/O JOSEPH NAGAR SAGAR TOWN, SAGAR TALUK SHIVAMOGGA DISTRICT - 577 201. 5. SHILPA D/O LATE ESHWARAPPA NAIK AGED MAJOR R/O JOSEPH NAGAR SAGAR TOWN, SAGAR TALUK SHIVAMOGGA DISTRICT - 577 201. …RESPONDENTS - 3 - HC-KAR CNR: KAHC010408592020 NC: 2026:KHC:45611 RSA No. 1365 of 2021 (BY SRI. VARUN JAYAKUMAR PATIL, ADVOCATE FOR R1 & R2; SRI SHIVASAI M. PATIL, ADVOCATE FOR R3 TO R5) THIS REGULAR SECOND APPEAL IS FILED UNDER SECTION 100 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 17.12.2019 PASSED IN R.A.No.15/2017 ON THE FILE OF THE V ADDITIONAL DISTRICT AND SESSIONS JUDGE, SHIVAMOGGA (SITTING AT SAGAR), ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGMENT AND DECREE DATED 01.02.2017 PASSED IN O.S No.35/2015 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, SORABA. THIS APPEAL, COMING ON FOR REPORTING SETTLEMENT, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE V SRISHANANDA ORAL JUDGMENT Compromise petition under Order XXIII Rule 3 of the Code of Civil Procedure is presented, signed by the parties and their respective advocates. 2. Second appellant is represented by power of attorney holder-Sri H.S.Sridhar Achar. 3. Sri. Shivasai M. Patil, learned counsel has filed vakalath for respondent No.5 along with copy of the special power of attorney executed by respondent No.5 in favour of respondent No.4. - 4 - HC-KAR CNR: KAHC010408592020 NC: 2026:KHC:45611 RSA No. 1365 of 2021 4. Learned counsel for respondent Nos.3, 4 and 5-Sri Shivasai M. Patil would submit that inter se dispute among the respondents would be sorted out in a separately constituted suit or by amicable settlement. As such, the main dispute between the appellants on one side and respondents on the other side is now sought to be closed by the present compromise petition. 5. Contents of the compromise petition is read over to the parties and the parties agree that the terms of the compromise petition and the distribution of the property as per the decree of the Trial Court and First Appellate Court is now sought to be modified vide Schedule ‘A’ and Schedule ‘B’. 6. Parties agree that there is no force, undue influence or coercion in reaching out the terms of the compromise. 7. As such, there is no impediment for this Court to accept the compromise petition and dispose of the appeal in terms of the compromise petition. - 5 - HC-KAR CNR: KAHC010408592020 NC: 2026:KHC:45611 RSA No. 1365 of 2021 8. Accordingly, the following: ORDER i. Appeal is allowed in part. ii. Office is directed to pass modified decree in terms of the compromise petition appending copy of the compromise petition as part of the decree. iii. Refund of permissible court fee allowed. iv. Ordered accordingly to law. Sd/- (V SRISHANANDA) JUDGE kcm List No.: 1 Sl No.: 84