- 1 - HC-KAR CNR: KAHC010251602023 NC: 2026:KHC:45922 RSA No. 957 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA REGULAR SECOND APPEAL NO. 957 OF 2023 (DEC/INJ) BETWEEN: 1. MRS. JOYCE D’SOUZA NEE D’MELLO AGED ABOUT 49 YEARS, W/O FELIX STANY D'MELLO, 2. MR. FELIX STANY D'MELLO AGED ABOUT 57 YEARS, S/O RAMAN D'MELLO SINCE DEAD BY HIS LRS 2(A) MS. SALONI JESSICA D’MELLO AGED ABOUT 18 YEARS D/O LATE FELIX STANY D’MELLO BOTH ARE RESIDING AT ‘ASUNTHA COTTAGE’ PEDAMALE POST, NEERMARGA VILLAGE MANGALURU-575 029 D.K. DISTRICT. APPELLANT NO.2 REPRESENTED BY HIS GPA HOLDER, APPELLANT NO.1 (2(A) CAUSE TITLE AMENDED VIDE COURT ORDER DATED 25.08.2026) …APPELLANTS (BY SRI. VIJAYA KRISHNA BHAT M., ADVOCATE) Digitally signed by MALATESH K C Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010251602023 NC: 2026:KHC:45922 RSA No. 957 of 2023 AND: ASUNTHA D’SOUZA AGED ABOUT 74 YEARS, S/O LATE JOACHIM D'SOUZA R/AT DOOR NO.1346, PEDAMALE HOUSE, PEDAMALE POST, NEERMARGA, MANGALORE-575 029 D.K. DISTRICT. …RESPONDENT (BY SMT. NEERAJA KARANTH, ADVOCATE, APPEARED THROUGH VIDEO CONFERENCING) THIS RSA IS FILED UNDER SECTION 100 OF CPC AGAINST THE JUDGMENT AND DECREE DATED 13.02.2023 PASSED IN R.A.No.166/2019 ON THE FILE OF THE II ADDITIONAL SENOR CIVIL JUDGE AND CJM, MANGALURU D.K, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 15.07.2019 PASSED IN O.S.No.581/2013 ON THE FILE OF THE V ADDITIONAL CIVIL JUDGE AND JMFC, MANGALURU. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, ORDER MADE DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE V SRISHANANDA - 3 - HC-KAR CNR: KAHC010251602023 NC: 2026:KHC:45922 RSA No. 957 of 2023 ORAL ORDER A compromise petition is filed under Order XXIII Rule 3 r/w Section 151 of Code of Civil Procedure by the first appellant and legal representative of the second appellant and the respondent. 2. Parties appeared through Video Conferencing and confirmed the contents of compromise petition are true and correct. 3. Respondent is represented by Smt. Neeraja Karanth, learned Advocate who has appeared through Video Conferencing, who has also signed the compromise petition. 4. Taking note of the amicable settlement among the parties and the same is on their volition without there being any undue influence or coercion, compromise petition is accepted. 5. Accordingly, the following: ORDER (i) Appeal stands disposed of in terms of the compromise petition. - 4 - HC-KAR CNR: KAHC010251602023 NC: 2026:KHC:45922 RSA No. 957 of 2023 (ii) Office is directed to pass modified decree appending the copy of the compromise petition as part of the decree. Sd/- (V SRISHANANDA) JUDGE MR List No.: 1 Sl No.: 80