- 1 - HC-KAR CNR: KAHC010573792006 NC: 2026:KHC:49827 RSA No. 3111 of 2006 C/W RSA No. 3110 of 2006 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE H.P.SANDESH REGULAR SECOND APPEAL NO.3111 OF 2006 (DEC) C/W REGULAR SECOND APPEAL NO.3110 OF 2006 (DEC) IN RSA NO.3111/2006 BETWEEN: 1. SRI T KRISHNAPPA S/O DODDATHIMMAIAH SINCE DEAD BY LRS 1(A) SMT SUBHARATHNAMMA W/O LATE T KRISHNAPPA AGED ABOUT 43 YEARS 1(B) SMT. SARALA W/O CHANDRASHEKAR D/O LATE T KRISHNAPPA AGED ABOUT 22 YEARS 1(C) SRI SHIVRAJ S/O LATE KRISHNAPPA AGED ABOUT 20 YEARS THE APPELLANT NO.1(H) TO (J) Digitally signed by DEVIKA M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010573792006 NC: 2026:KHC:49827 RSA No. 3111 of 2006 C/W RSA No. 3110 of 2006 ARE R/AT GOWDAHALLI VILLAGE MADHURE HOBLI DODDABALLAPURA TALUK BENGALURU RURAL DIST. …APPELLANTS (BY SRI SUNIL S RAO, ADVOCATE FOR SIR T SESHAGIRI RAO, ADVOCATE) AND: 1. SRI SHIVASHANKARAIAH S/O DODDATHIMMAIAH SINCE DEAD BY LRS 1(A) SRI S SHOBHAN BABU S/O LATE SHIVASHANKARAIAH AGED ABOUT 41 YEARS 1(B) SRI S BHASKAR S/O LATE SHIVASHANKARAIAH AGED ABOUT 40 YEARS 1(C) SMT. NARMADA S D/O LATE SHIVASHANKARAIAH AGED ABOUT 38 YEARS THE RESPONDENT NOS.1(A) TO (C) ARE R/AT GOWDAHALLI VILLAGE MADHURE HOBLI DODDABALLAPURA TALUK BANGALORE RURAL DISTRICT. 2. SRI CHIKKATHIMMAIAH S/O DODDATHIMMAIAH AGED ABOUT 78 YEARS R/AT GOWDAHALLI VILLAGE MADHURE HOBLI DODDABALLAPURA TALUK BANGALORE RURAL DISTRICT - 3 - HC-KAR CNR: KAHC010573792006 NC: 2026:KHC:49827 RSA No. 3111 of 2006 C/W RSA No. 3110 of 2006 3. SMT. LAKSHMI W/O LATE MANJUNATHA AGED ABOUT 46 YEARS 4. SR MANOJ S/O LATE MANJUNATHA AGED ABOUT 24 YEARS 5. SMT. LAVANYA D/O LATE MANJUNATHA AGED ABOUT 22 YEARS 6. SRI GANESH S/O LATE MANJUNATHA AGED ABOUT 46 YEARS RESPONDENT NO.3 TO 6 ARE R/AT 70/29, ‘A’ BLOCK SAHAKAR NAGAR BATARAYANAPURA MAIN ROAD BANGALORE 7. SMT. NIRMALA D/O LATE T KRISHNAPPA AGED ABOUT 51 YEARS 8. SMT. SARASWATHI D/O LATE T KRISHNAPPA AGED ABOUT 49 YEARS RESPONDENT NO.7 TO 8 ARE R/AT GOWDAHALLI MADHURE HOBLI DODDABALLAPURA TALUK BANGALORE RURAL DISTRICT 9. SRI NARAYANASWAMY S/O LATE T KRISHNAPPA - 4 - HC-KAR CNR: KAHC010573792006 NC: 2026:KHC:49827 RSA No. 3111 of 2006 C/W RSA No. 3110 of 2006 AGED ABOUT 43 YEARS R/AT GOWDAHALLI MADHURE HOBLI DODDABALLAPURA TALUK BANGALORE RURAL DISTRICT (RESPONDENT NO.2-9 EX-PARTE) …RESPONDENTS (BY SRI V VISWANATH SETTY, ADVOCATE FOR R1(A-C); R2 SERVED; SERVICE OF NOTICE TO R3 TO R9 H/S V/O DT.17.02.2023) THIS RSA IS FILED U/S.100 OF CPC AGAINST THE JUDGEMENT & DECREE DATED 29.6.2006 PASSED IN R.A.NO.6/2003 ON THE FILE OF THE CIVIL JUDGE (SR.DN.), DODDABALLAPUR AND ETC. IN RSA NO.3110/2006 BETWEEN: 1. SRI T KRISHNAPPA S/O DODDATHIMMAIAH SINCE DEAD BY LRS 1(A) SMT. LAKSHMI W/O LATE MANJUNATHA AGED ABOUT 46 YEARS 1(B) SRI MANOJ S/O LATE MANJUNATHA AGED ABOUT 24 YEARS 1(C) SMT. LAVANYA D/O LATE MANJUNATHA AGED ABOUT 22 YEARS - 5 - HC-KAR CNR: KAHC010573792006 NC: 2026:KHC:49827 RSA No. 3111 of 2006 C/W RSA No. 3110 of 2006 1(D) SRI GANESH S/O LATE MANJUNATHA AGED ABOUT 46 YEARS APPELLANT NO.1(A) TO (D) ARE R/AT 70/29, ‘A’ BLOCK SAHAKAR NAGAR BATARAYANAPURA MAIN ROAD BANGALORE 1(E) SMT. NIRMALA D/O LATE T KRISHNAPPA AGED ABOUT 51 YEARS 1(F) SMT. SARASWATHI D/O LATE T KRISHNAPPA AGED ABOUT 49 YEARS APPELLANT NO.1(E) AND (F) R/AT GOWDAHALLI MADHURE HOBLI DODDABALLAPURA TALUK BANGALORE RURAL DIST. 1(G) SRI NARAYANASWAMY S/O LATE T KRISHNAPPA AGED ABOUT 43 YEARS R/AT GOWDAHALLI MADHURE HOBLI DODDABALLAPURA TALUK BANGALORE RURAL DIST. 1(H) SMT. SUBHARATHNAMA W/O LATE T KRISHNAPPA AGED ABOUT 43 YEARS 1(I) SMT. SARALA W/O CHANDRASHEKAR - 6 - HC-KAR CNR: KAHC010573792006 NC: 2026:KHC:49827 RSA No. 3111 of 2006 C/W RSA No. 3110 of 2006 D/O LATE T KRISHNAPPA AGED ABOUT 22 YEARS 1(J) SRI SHIVRAJ S/O LATE KRISHNAPPA AGED ABOUT 20 YEARS THE APPELLANT NO.1(H) TO (J) ARE R/AT GOWDAHALLI MADHURE HOBLI DODDABALLAPURA TALUK BANGALORE RURAL DIST. ...APPELLANTS (BY SRI. SUNIL S RAO, ADVOCATE FOR SRI T SESHAGIRI RAO, ADVOCATE FOR P’SD A1(H-J); V/O DT.13.01.2023, P’SD A1(A TO G) ARE TRANSPOSED AS R3 TO R9) AND: 1. SRI THAYAPPA S/O MUNINARASAPPA SINCE DEAD BY LRS 1(A) SRI NAGESH S/O LATE MUNIYAPPA AGED ABOUT 50 YEARS 1(B) SRI RAVI S/O LATE MUNIYAPPA AGED ABOUT 48 YEARS 1(C) SMT. MURTHY D/O LATE MUNIYAPPA AGED ABOUT 46 YEARS THE RESPONDENT NOS.1(A) TO (C) ARE R/AT GOWDAHALLI VILLAGE - 7 - HC-KAR CNR: KAHC010573792006 NC: 2026:KHC:49827 RSA No. 3111 of 2006 C/W RSA No. 3110 of 2006 MADHURE HOBLI DODDABALLAPURA TALUK BANGALORE RURAL DIST. 2. SRI CHIKKATHIMMAIAH S/O DODDATHIMMAIAH AGED ABOUT 78 YEARS R/A GOWDAHALLI VILLAGE MADHURE HOBLI DODDABALLAPUR TALUK ANGALORE RURAL DISTRICT 3. SMT. LAKSHMI W/O LATE MANJUNATHA AGED ABOUT 46 YEARS 4. SRI MANOJ S/O LATE MANJUNATHA AGED ABOUT 24 YEARS 5. SMT. LAVANYA D/O LATE MANJUNATHA AGED ABOUT 22 YEARS 6. SRI GANESH S/O LATE MANJUNATHA AGED ABOUT 46 YEARS RESPONDENT NO.3 TO 6 ARE R/AT 70/29, ‘A’ BLOCK SAHAKAR NAGAR BATARAYANAPURA MAIN ROAD BANGALORE 7. SMT. NIRMALA D/O LATE T KRISHNAPPA AGED ABOUT 51 YEARS - 8 - HC-KAR CNR: KAHC010573792006 NC: 2026:KHC:49827 RSA No. 3111 of 2006 C/W RSA No. 3110 of 2006 8. SMT. SARASWATHI D/O LATE T KRISHNAPPA AGED ABOUT 49 YEARS RESPONDENT NO.7 TO 8 ARE R/AT GOWDAHALLI MADHURE HOBLI DODDABALLAPURA TALUK BANGALORE RURAL DISTRICT 9. SRI NARAYANASWAMY S/O LATE T KRISHNAPPA AGED ABOUT 43 YEARS R/AT GOWDAHALLI MADHURE HOBLI DODDABALLAPURA TALUK BANGALORE RURAL DISTRICT (RESPONDENT NO.2-9 EX-PARTE) ...RESPONDENTS (BY SRI V VISWANATH SHETTY, ADVOCATE FOR R1(A-C) R2 SERVED V/O DT.17.02.2023, SERVICE OF NOTICE TO R3 TO R9 H/S) THIS RSA IS FILED U/S.100 OF CPC AGAINST THE JUDGMENT & DECREE DATED 29.06.2006 PASSED IN R.A.NO.7/2003 ON THE FILE OF THE CIVIL JUDGE (SR.DN.), DODDABALLAPUR AND ETC. THESE APPEALS, COMING ON FOR FURTHER ARGUMENTS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE H.P.SANDESH - 9 - HC-KAR CNR: KAHC010573792006 NC: 2026:KHC:49827 RSA No. 3111 of 2006 C/W RSA No. 3110 of 2006 ORAL JUDGMENT In R.S.A.No.3111/2006 The learned counsel for the appellant has filed a memo along with a copy of the amended appeal memo and the same is taken on record. 2. The counsel for the legal representatives of deceased appellant No.1 is present. The counsel for respondent No.1(a) is also present. On behalf of respondent No.1(b) and (c), the counsel for respondent No.1(a) has filed the power of attorney. Respondent Nos.2, 3, 4, 5, 6, 7, 8 and 9 are not present before the Court. 3. The counsel for the appellant would submit that respondent Nos.2, 3, 4, 5, 6, 7, 8, 9 have executed a release deed in favour of appellant No.1(a)-Smt. Subharathanamma. The said submission is taken on record. In R.S.A.No.3110/2006 4. The counsel for legal representatives of appellant is also present. Respondent No.1 is no more and his legal representatives i.e., respondent No.1(a) to (c) are present. - 10 - HC-KAR CNR: KAHC010573792006 NC: 2026:KHC:49827 RSA No. 3111 of 2006 C/W RSA No. 3110 of 2006 5. The counsel appearing for the appellant would submit that respondent Nos.2 to 9 have already executed a release deed in favour of appellant No.1(a). The said submission is taken on record. 6. Now, the parties have filed the compromise petition before this Court. The parties have understood the terms of the compromise. Hence, compromise petition is accepted. Along with compromise petition, sketch is also annexed. Accordingly, the appeals are disposed of in terms of the compromise petition. 7. Registry is directed to draw the decree in terms of the compromise petition. Sd/- (H.P.SANDESH) JUDGE SN