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2026 DAILYLAW 36352 (KAR)

SMT B CHAITRA v. M S CAUVERY SOCIAL AND EDUCATION TRUST (R)

RFA/375/2026 · 2026-08-18

Anu Sivaraman, T P Vivekananda

body2026

Judgment text

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- 1 - HC-KAR CNR: KAHC010128112026 NC: 2026:KHC:44310-DB RFA No. 375 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF AUGUST, 2026 PRESENT THE HON'BLE MRS. JUSTICE ANU SIVARAMAN AND THE HON'BLE MR. JUSTICE T.P.VIVEKANANDA REGULAR FIRST APPEAL NO. 375 OF 2026 (DEC/INJ) BETWEEN: 1. SMT B CHAITRA D/O LATE BYLAPPA, AGED ABOUT 37 YEARS, 2. SMT LAKSHMIDEVAMMA W/O LATE BYLAPPA, AGED ABOUT 68 YEARS, BOTH ARE R/AT NO.4, MARUTHINILAYA, NEAR GOLDFINCH-SAIKRUPA HOSPITAL, KODIGEHALLI MAIN ROAD, SAHAKARANAGARA POST, BENGALURU 560092 …APPELLANTS (BY SRI. POOVAIAH M. A., ADVOCATE) AND: 1. M. S. CAUVERY SOCIAL AND EDUCATION TRUST (R) HAVING ITS OFFICE AT NO.354, F BLOCK, SAHAKARANAGARA, BENGALURU 560092 REP BY ITS SECRETARY, SMT. N. C. INDIRA, Digitally signed by PAVITHRA N Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010128112026 NC: 2026:KHC:44310-DB RFA No. 375 of 2026 W/O SRI B M DEVARAJAPPA, AGED ABOUT 63 YEARS, NO.354, F BLOCK, SAHAKARANAGARA, BENGALURU 560092 2. SRI M VENKATESH S/O LATE MUNISWAMAPPA @ DODDAMUNISWAMAPPA AGED ABOUT 49 YEARS, 3. SMT. MUNITHAYAMMA W/O LATE CHIKKA MUNITHAYAPPA AGED ABOUT 77 YEARS, BOTH RESPONDENT NO.2 & 3 ARE R/AT MARUTHINAGARA (KOTHIHOSAHALLI) SAHAKARANAGARA POST, BENGALURU 560092. (V/O DATED 18.08.2026, R2 & R3 ARE DELETED) …RESPONDENTS (BY SRI. R.S.UMESH, ADV. FOR R1; V/O DATED 18.08.2026, R2 & R3 ARE DELETED) THIS RFA IS FILED UNDER SEC.96 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 17.01.2026 PASSED IN OS NO.6795/2023 ON THE FILE OF THE XXII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU CITY, (CCH-7), DECREEING THE SUIT FOR DECLARATION. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN and HON'BLE MR. JUSTICE T.P.VIVEKANANDA - 3 - HC-KAR CNR: KAHC010128112026 NC: 2026:KHC:44310-DB RFA No. 375 of 2026 ORAL JUDGMENT (PER: HON'BLE MRS. JUSTICE ANU SIVARAMAN) The compromise petition is filed by the appellants and respondent No.1 under Order XXIII Rule 3 of the Code of Civil Procedure, 1908. It is submitted that the appellants and respondent No.1 have settled their disputes and the appellants have agreed to give up their rights over the suit schedule property on payment of Rs.2,00,00,000/-(Rupees Two Crores Only) being received from respondent No.1. It is submitted that cheques for Rs.2,00,00,000/- (Rupees Two Crores Only) has been received by the appellants from respondent No.1 and also the fourth and final cheque dated 18.08.2026 has also been handed over today. 2. In view of the compromise between the parties, it is stated that the appellants have agreed and confirmed that respondent No.1 is the absolute owner in possession of the suit schedule property and that the appellants have relinquished all their rights over the property. 3. The compromise petition is duly signed by the appellants and respondent No.1 as well as their respective - 4 - HC-KAR CNR: KAHC010128112026 NC: 2026:KHC:44310-DB RFA No. 375 of 2026 counsel. The parties are also present before the Court and are duly identified by the learned counsel appearing on their behalf. 4. In the above view of the matter, the compromise petition is taken on record and the appeal is disposed of in terms of the compromise petition. 5. The Registry is directed to refund the eligible Court fee to appellant No.1 on proper identification. Sd/- (ANU SIVARAMAN) JUDGE Sd/- (T.P.VIVEKANANDA) JUDGE RAK List No.: 3 Sl No.: 10