- 1 - HC-KAR CNR: KAHC010205642017 NC: 2026:KHC:46450 RSA No. 225 of 2017 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. 225 OF 2017 (PAR) BETWEEN: LATE KENCHAPPA SINCE DEAD BY HIS LRS 1a. SMT. CHIKKATHAYAMMA W/O. LATE KENCHAPPA AGED ABOUT 75 YEARS R/O. NERALAKERE VILLAGE THIPPASANDRA HOBLI MAGADI TALUK RAMANAGARA DISTRICT - 571 511 1b. SMT. DHANALAKSHMI D/O. LATE KENCHAPPA W/O. PAPAIAH AGED ABOUT 50 YEARS R/O. KOLIHALLI VILLAGE HEEREHALLI POST TUMKUR TALUK AND DISTRICT - 572 168 1c. SRI. VENKATESH N.K. S/O. LATE KENCHAPPA AGED ABOUT 45 YEARS R/O NERALAKERE VILLAGE THIPPASANDRA HOBLI MAGADI TALUK, RAMANAGARA DISTRICT - 571 511 Digitally signed by ANNAPURNA G Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010205642017 NC: 2026:KHC:46450 RSA No. 225 of 2017 1d. SMT. MANJULA N.K. D/O. LATE KENCHAPPA W/O. LOKESH AGED ABOUT 43 YEARS R/O. CHIGALURU VILLAGE THIPPASANDRA POST MAGADI TALLUK BENGALURU SOUTH DISTRICT - 562 131 1e. SMT. RATHNAMMA D/O. LATE KENCHAPPA W/O. LATE NAGARAJU AGED ABOUT 35 YEARS R/O NERALAKERE VILLAGE THIPPASANDRA HOBLI, MAGADI TALUK RAMANAGARA DISTRICT - 571 511 …APPELLANTS (BY SRI. P. MAHESHA, ADVOCATE) AND: 1. GANGAIAH S/O LATE HANUMAIAH AGED ABOUT 65 YEARS R/O NERALAKERE VILLAGE THIPPASANDRA HOBLI MAGADI TALUK RAMANAGARA DISTRICT - 571 511 2. VENKATAIAH S/O LATE HANUMAIAH AGED ABOUT 65 YEARS R/O NERALAKERE VILLAGE THIPPASANDRA HOBLI MAGADI TALUK RAMANAGARA DISTRICT - 571 511 - 3 - HC-KAR CNR: KAHC010205642017 NC: 2026:KHC:46450 RSA No. 225 of 2017 LATE KENCHAMMA SINCE DEAD BY LRS 3a. SMT. JAYAMMA W/O. H. GANGAIAH D/O. LATE KENCHAMMA AGED ABOUT 55 YEARS TAREDAKUPPE POST KOTHAGERE HOBLI KUNIGAL TALUK TUMKUR DISTRICT - 572 120 3b. SRI. ANANTHAIAH S/O. LATE CHIKKASANAIAH AND KENCHAMMA AGED ABOUT 50 YEARS R/AT SULEKUPPE COLONY TAREDAKUPPE POST KOTHAGERE HOBLI KUNIGAL TALUK TUMKUR DISTRICT - 572 120 4. SMT BORAMMA W/O LATE NADIKERAIAH AGED ABOUT 80 YEARS R/O NERALAKERE VILLAGE THIPPASANDRA HOBLI MAGADI TALUK RAMANAGARA DISTRICT - 571 511 LATE THIMMAMMA SINCE DEAD BY LR'S (DIED ON 01.09.2017) - 4 - HC-KAR CNR: KAHC010205642017 NC: 2026:KHC:46450 RSA No. 225 of 2017 5a. SMT. SUJATHA W/O. UMESH D/O. LATE THIMMAMMA AGED ABOUT 44 YEARS R/AT KARIMSABH LAYOUT BEYOND KUSEGU GARMENTS VISHWANIDUM POST HEGGANAHALLI 5b. SMT. NAGARATHNA W/O. RAMESH D/O. LATE THIMMAMMA AGED ABOUT 42 YEARS R/AT MAHADESHWARA PROVISION STORES BEYOND KUSEGU GARMENTS VISHWANIDUM POST HEGGANAHALLI 5c. SMT. LEELAVATHI W/O. BASAVARAJU D/O. LATE THMMAMMA AGED ABOUT 40 YEARS R/AT KAMASAGARA SANGIGHATTA POST THIPPASANDRA HOBLI, MAGADI TALUK RAMANAGARA DISTRICT. 5d. SRI. HANUMANTHARAJU S/O. YALAKKI GOWDA AND LATE THIMMAMMA AGED ABOUT 36 YEARS R/AT NERALAKERE VILLAGE THIPPASANDRA HOBLI, MAGADI TALUK RAMANAGARA DISTRICT - 571 511 - 5 - HC-KAR CNR: KAHC010205642017 NC: 2026:KHC:46450 RSA No. 225 of 2017 5e. SRI. NAVEEN KUMAR S/O. LATE YALAKKI GOWDA AND LATE THIMMAMMA AGED ABOUT 33 YEARS R/AT NERALAKERE VILLAGE THIPPASANDRA HOBLI, MAGADI TALUK RAMANAGARA DISTRICT - 571 511 …RESPONDENTS (BY SRI. KALEEMULLAH SHARIFF, ADVOCATE FOR R1, R3(A) AND R4 SRI. NITESH KUMAR SINGH, ADVOCATE FOR R3(b), R5(a TO e), R4 R2 - SERVED) THIS RSA IS FILED UNDER SEC. 100 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 26.11.2016 PASSED IN RA NO.46/2012 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC., KUNIGAL, ALLOWING THE APPEAL AND DISMISSING THE JUDGMENT AND DECREE DATED 29.09.2012 PASSED IN OS NO.143/1999 ON THE FILE OF THE PRL. CIVIL JUDGE AND JMFC., KUNIGAL. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 6 - HC-KAR CNR: KAHC010205642017 NC: 2026:KHC:46450 RSA No. 225 of 2017 CORAM: HON'BLE MR. JUSTICE V SRISHANANDA ORAL ORDER Learned counsel for the appellant files a memo with copy of the compromise decree passed in O.S.No.887/2014. Memo is signed by the appellants as well as learned counsel for the appellants. Memo reads as under: “The Appellants respectfully submit before this Hon'ble Court as follows - The Parties to the present appeal, during the lifetime of the Original Appellant - Mr. Kenchappa, have arrived at a Compromise in OS No. 887/2014 on the file of the Senior Civil Judge and JMFC, Magadi and a Compromise Decree is drawn on 07-03-2024 and in the said compromise, suit schedule property in dispute in this Appeal has been allotted to the share of Respondent No. 1 Gangaiah to an extent of 0-16 Guntas in Sy No. 40/2C and Respondent No. 3(b) - Mr. Ananthaiah to an extent of 1-16 Guntas in SY No. 40/2C. Hence it is prayed that this Hon'ble Court may kindly be pleased to permit the Appellant to withdraw the Appeal by recording that the parties are bound by the Compromise arrived at in OS No. 887/2014 on the file of the Senior Civil Judge and JMFC, Magadi, with respect to the suit - 7 - HC-KAR CNR: KAHC010205642017 NC: 2026:KHC:46450 RSA No. 225 of 2017 schedule Property in question in the present appeal, in the interest of justice and equity.” Placing the memo on record, appeal stands dismissed as withdrawn. However, parties are directed to adhere to the terms of compromise decree passed in the suit. SD/- (V SRISHANANDA) JUDGE KAV List No.: 1 Sl No.: 32