- 1 - HC-KAR CNR: KAHC010447542017 NC: 2026:KHC:49675 RFA No. 1901 of 2017 C/W RFA No. 1900 of 2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD REGULAR FIRST APPEAL NO. 1901 OF 2017 (PAR) C/W REGULAR FIRST APPEAL NO. 1900 OF 2017(PAR) IN RFA NO. 1901/2017 BETWEEN: 1. SMT. L. LAKSHMAMMA W/O LATE D K KEMPARAJU AGED ABOUT 61 YEARS R/A NO.12, 13TH CROSS 1ST FLOOR, 6TH MAIN ROAD VYALIKAVAL, BENGALURU-560003. 2. SMT VASANTHALAKSHMI K AGED ABOUT 42 YEARS D/O LATE D K KEMPARAJU W/O L PRABHU R/A NO.56, 12TH A CROSS KODANDARAMAPURAM VYALIKAVAL, BENGALURU-560003. 3. SMT SUMITHRA K AGED ABOUT 40 YEARS D/O LATE D K KEMPARAJU W/O HEMANTH KUMAR 4. SMT HEMALATHA K AGED ABOUT 38 YEARS Digitally Signed by NARENDRA PRASAD HAREKOPPA THIMMANNA GOWDA on 21- 09-2026 - 2 - HC-KAR CNR: KAHC010447542017 NC: 2026:KHC:49675 RFA No. 1901 of 2017 C/W RFA No. 1900 of 2017 D/O LATE D K KEMPARAJU 5. SRI SRINIVASA PRASAD K AGED ABOUT 36 YEARS S/O B K KEMPARAJU APPELLANT NOS. 3 TO 5 ARE R/AT NO.56, 12TH A CROSS KODANDARAMAPURAM VYALIKAVAL, BENGALURU-560003 …APPELLANTS (BY SRI. T SESHAGIRI RAO., ADVOCATE) AND: 1. SMT. SAROJAMMA AGED ABOUT 58 YEARS W/O BYRAIAH D/O LATE KEMPEGOWDA @ KEMPAIAH R/AT NO.250/10, 3RD FLOOR 12TH A CROSS, VYALIKAVAL MALLESHWARAM, BENGALURU-560003. 2. SRI PRASANNA KUMAR N AGED ABOUT 43 YEARS S/O LATE SMT NANJAMMA R/A NO.26, DODDABALLAPURA MAIN ROAD NEAR SESHADRIPURAM FIRST GRADE COLLEGE YELAHANKA SATELLITE TOWN BENGALURU-560106. 3. SMT SUSHILA AGED ABOUT 41 YEARS W/O RAMANNA D/O LATE NANJAMMA R/A NO.42, DODDANKANAHALLI VILLAGE HEBBARALU POST ATAGUR HOBLI, MADDUR TALUK MANDYA DISTRICT-571428. Digitally Signed by NARENDRA PRASAD HAREKOPPA THIMMANNA GOWDA on 21- 09-2026 - 3 - HC-KAR CNR: KAHC010447542017 NC: 2026:KHC:49675 RFA No. 1901 of 2017 C/W RFA No. 1900 of 2017 4. SMT SUDHA AGED ABOUT 39 YEARS W/O MANJEGOWDA D/O NANJAMMA R/A NO.26, BEKKARALE VILLAGE KOPPA HOBLI, MADDUR TALUK MANDYA DISTRICT-571428. …RESPONDENTS (BY SRI. VISWANATHA SETTY V, ADVOCATE FOR C/R1: SRI. C CHANDRASHEKAR, ADVOCATE FOR R2 TO R4) THIS RFA FILED UNDER ORDER 41 RULE 1 READ WITH SEC.96 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 23.08.2017 PASSED IN OS NO.6420/2011 ON THE FILE OF THE IX ADDL. CITY CIVIL AND SESSIONS JUDGE, BANGALORE PARTLY DECREEING THE SUIT FOR PARTITION AND SEPARATE POSSESSION. IN RFA NO. 1900/2017 BETWEEN: 1. SMT. L. LAKSHMAMMA AGED ABOUT 61 YEARS W/O LATE D.K.KEMPARAJU R/AT NO.12, 13TH CROSS 1ST FLOOR, 6TH MAIN ROAD VYALIKAVAL, BENGALURU-560 003. 2. SMT.VASANTHALAKSHMI K AGED ABOUT 42 YEARS D/O LATE D.K.KEMPARAJU W/O L PRABHU R/AT NO.56, 12TH A CROSS KODANDARAMAPURAM VYALIKAVAL, BENGALURU-560 003. 3. SMT.SUMITHRA K SINCE DEAD BY LRS. Digitally Signed by NARENDRA PRASAD HAREKOPPA THIMMANNA GOWDA on 21- 09-2026 - 4 - HC-KAR CNR: KAHC010447542017 NC: 2026:KHC:49675 RFA No. 1901 of 2017 C/W RFA No. 1900 of 2017 3(A) SRI HEMANTH KUMAR S/O LATE RAMAKRISHNAIAH AGED ABOUT 48 YEARS R/AT NO.553, 2ND CROSS 2ND MAIN, 1ST STAGE VIJAYANAGAR MYSORE-570017. 4. SMT.HEMALATHA K AGED ABOUT 38 YEARS D/O LATE D.K.KEMPARAJU. 5. SRI.SRINIVASA PRASAD K AGED ABOUT 36 YEARS S/O B.K.KEMPARAJU APPELLANT NOS. 3 AND 5 ARE R/AT NO.56, 12TH A CROSS KODANDARAMAPURAM VYALIKAVAL, BENGALURU-560 003. ...APPELLANTS (BY SRI. T SESHAGIRI RAO., ADVOCATE) AND: 1. SMT. SAROJAMMA AGED ABOUT 58 YEARS W/O BYRAIAH D/O LATE KEMPEGOWDA @ KEMPAIAH R/AT NO.250/10, 3RD FLOOR 12TH A CROSS, VYALIKAVAL MALLESHWARAM BENGALURU-560 003. 2. SRI PRASANNA KUMAR.N AGED ABOUT 43 YEARS S/O LATE SMT. NANJAMMA R/AT NO.26, DODDABALLAPURA MAIN ROAD NEAR SESHADRIPURAM FIRST GRADE COLLEGE YELAHANKA SATELLITE TOWN BENGALURU-560 106. Digitally Signed by NARENDRA PRASAD HAREKOPPA THIMMANNA GOWDA on 21- 09-2026 - 5 - HC-KAR CNR: KAHC010447542017 NC: 2026:KHC:49675 RFA No. 1901 of 2017 C/W RFA No. 1900 of 2017 3. SMT.SUSHILA AGED ABOUT 41 YEARS W/O RAMANNA D/O LATE NANJAMMA R/AT NO.42, DODDANKANAHALLI VILLAGE HEBBARALU POST, ATAGUR HOBLI MADDUR TALUK, MANDYA DISTRICT-571428. 4. SMT.SUDHA AGED ABOUT 39 YEARS W/O MANJEGOWDA D/O NANJAMMA R/AT NO.26, BEKKARALE VILLAGE KOPPA VILLAGE, MADDUR TALUK MANDYA DISTRICT-571428. ...RESPONDENTS (BY SRI. VISWANATHA SETTY V., ADVOCATE FOR C/R1: SRI C CHANDRASHEKAR. R2 TO R4) THIS RFA IS FILED UNDER ORDER 41 RULE 1 R/W SEC.96 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 23.8.2017 PASSED IN OS.NO.6420/2011 ON THE FILE OF THE IX ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU, PARTLY DECREEING THE SUIT FOR PARTITION AND SEPARATE POSSESSION. THESE APPEALS, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD COMMON ORAL JUDGMENT 1. RFA No.1901/2017 has been filed under Order XLI Rule 1 read with Section 96 of CPC by the defendant Nos.1 to 5, challenging the judgment and decree dated 23.08.2017 passed by the IX Additional City Civil and Digitally Signed by NARENDRA PRASAD HAREKOPPA THIMMANNA GOWDA on 21- 09-2026 - 6 - HC-KAR CNR: KAHC010447542017 NC: 2026:KHC:49675 RFA No. 1901 of 2017 C/W RFA No. 1900 of 2017 Sessions Judge, Bengaluru (hereinafter referred to as ‘Trial Court’ for short) in O.S.No.6420/2011 insofar as dismissal of the counter claim filed by the defendant Nos.1 to 6 in respect of item No.2 of the plaint ‘B’ schedule property before the Trial Court. 2. RFA No.1900/2017 has been filed under Order XLI Rule 1 read with Section 96 of the CPC by defendant Nos.1 to 6, challenging the judgment and decree dated 23.08.2017 passed by the IX Additional City Civil and Sessions Judge, Bengaluru in O.S.No.6420/2011, insofar as holding that the plaintiff is entitled to 1/6th share in the plaint ‘A’ schedule property and also in item Nos.1 and 2 of the plaint ‘B’ schedule property. 3. Since these appeals arise out of the same judgment and decree and between the same parties, the appeals are clubbed, heard together and are being disposed of by this common order. Digitally Signed by NARENDRA PRASAD HAREKOPPA THIMMANNA GOWDA on 21- 09-2026 - 7 - HC-KAR CNR: KAHC010447542017 NC: 2026:KHC:49675 RFA No. 1901 of 2017 C/W RFA No. 1900 of 2017 4. The plaintiff filed a suit for partition and separate possession in O.S.No.6420/2011 before the Trial Court. After service of notice, the appellants-defendants appeared through counsel and filed objections and also filed a counter claim. The Trial Court, by judgment and decree dated 23.08.2017, has partly allowed the suit for partition and the counter claim filed by the respective defendants has been dismissed. Being aggrieved by the same, these appeals have been filed. 5. After service of notice by this Court, the parties have filed a compromise petition under Order XXIII Rule 3 of the CPC. As per the conditions in the compromise petition, today, the appellants have handed over DD No.330511 dated 24.06.2026 for a sum of Rs.49,50,000/- in favour of Smt.Sarojamma (respondent No.1), DD No.022607 dated 25.06.2026 for a sum of Rs.15,00,000/- in favour of Sri D.L.Prasanna Kumar (respondent No.2), DD No.022609 dated 25.06.2026 for a sum of Rs.10,00,000/- in favour of Digitally Signed by NARENDRA PRASAD HAREKOPPA THIMMANNA GOWDA on 21- 09-2026 - 8 - HC-KAR CNR: KAHC010447542017 NC: 2026:KHC:49675 RFA No. 1901 of 2017 C/W RFA No. 1900 of 2017 Smt.Susheela (respondent No.3) and DD No.022608 dated 25.06.2026 for a sum of Rs.10,00,000/- in favour of Smt.Sudha (respondent No.4) before this Court. The contents of the compromise petition are extracted hereinbelow: “UNDER ORDER XXIII RULE 3 OF CODE OF CIVIL PROCEDURE The Appellants and Respondents submit as follows; 1. That, the Respondent No.1 herein namely Smt. Sarojamma has filed suit in O.S.No.6420/2011 against the appellants and the Respondent Nos.2, 3 & 4 herein for the relief of partition and separate possession in respect of the following properties; "A" SCHEDULE PROPERTY Item No.1:- Land bearing Sy. No. 42 measuring 5 acres 37 guntas situated at Doddakannahalli Village, Athagur Hobli, Maddur Taluk, Mandya District. Item No. 2:- Digitally Signed by NARENDRA PRASAD HAREKOPPA THIMMANNA GOWDA on 21- 09-2026 - 9 - HC-KAR CNR: KAHC010447542017 NC: 2026:KHC:49675 RFA No. 1901 of 2017 C/W RFA No. 1900 of 2017 Land bearing Sy. No.51/2 measuring 5 guntas situated at Doddakannahalli Village, Athagur Hobli, Maddur Taluk, Mandya District. Item No. 3:- Land bearing Sy. No.53/4 measuring 11 guntas situated at Doddakannahalli Village, Athagur Hobli, Maddur Taluk, Mandya District. Item No. 4:- Land bearing Sy. No.86 measuring 17 guntas situated at Doddakannahalli Village, Athagur Hobli, Maddur Taluk, Mandya District. Item No. 5:- Land bearing Sy. No.87 measuring 16 guntas situated at Doddakannahalli Village, Athagur Hobli, Maddur Taluk, Mandya District. Item No. 6 :- Land bearing Sy. No.95 measuring 24 1/2 guntas situated at Doddakannahalli Village, Athagur Hobli, Maddur Taluk, Mandya District, Athagur Hobli, Maddur Taluk, Mandya District. Item No. 7:- Digitally Signed by NARENDRA PRASAD HAREKOPPA THIMMANNA GOWDA on 21- 09-2026 - 10 - HC-KAR CNR: KAHC010447542017 NC: 2026:KHC:49675 RFA No. 1901 of 2017 C/W RFA No. 1900 of 2017 Land bearing Sy. No. 563/1 measuring 22 guntas situated at Doddakannahalli Village, Athagur Hobli, Maddur Taluk, Mandya District. Item No. 8:- Land bearing Sy. No. 568/2 measuring 10 guntas situated at Doddakannahalli Village, Athagur Hobli, Maddur Taluk, Mandya District. "B" SCHEDULE PROPERTY Item No.1:- House property bearing no. 9(106) measuring East to West 20' and North to South 35' situated at 12th Cross Road, Vayalikaval, Bangalore - 560 003. Item No. 2:- House property bearing no. 10 (250/10) measuring East to West 20' and North to South 35' situated at 12th A Cross Road, Vayalikaval, Bangalore – 560 003. Item No. 3. House property bearing no. 44(130) measuring East to West 20' and North to South 35' situated at 12th Cross Road, Vayalikaval, Bangalore - 560 003. Digitally Signed by NARENDRA PRASAD HAREKOPPA THIMMANNA GOWDA on 21- 09-2026 - 11 - HC-KAR CNR: KAHC010447542017 NC: 2026:KHC:49675 RFA No. 1901 of 2017 C/W RFA No. 1900 of 2017 Item No.4 House property bearing no. 53(942) measuring East to West 27.90' and North to South 38' situated at 11th "C" Cross Road, Vayalikaval, Bangalore - 560 003 2. Said suit, upon contest by a judgment and decree dated 23.08.2017 has partly decreed as hereunder; "Plaintiff is entitled to 1/6th share in the 'A' schedule properties and item No.1 & 2 of the 'B' schedule properties by metes and bounds. The suit in respect of item No.3 and 4 of the 'B' schedule properties is dismissed. The counter claim filed by Defendant No.1 to 6 has been dismissed". 3. It is as against the said judgment and decree, the present appeal has been filed by the appellants herein, who were the Defendant Nos. 1, 2, 4 & 5 before the trial court. 4. The parties to the above appeal at the intervention of elders, well wishers, friends and Digitally Signed by NARENDRA PRASAD HAREKOPPA THIMMANNA GOWDA on 21- 09-2026 - 12 - HC-KAR CNR: KAHC010447542017 NC: 2026:KHC:49675 RFA No. 1901 of 2017 C/W RFA No. 1900 of 2017 relatives have amicably settled their dispute which is as hereunder; 5. The Respondent No.1 as Respondent No. 2 to 4 herein namely Prasannakumar, Susheela and namely Sarojamma as well Sudha have agreed to given up their right, title and interest in respect of all the properties which were the subject matter of suit in O.S.No.6420/2011 in favour of the Appellants Nos.1 to 4 herein, they hereby admit that the schedule properties shall be the absolute properties of appellant Nos.1 to 4 herein and that they have no claim of nature over the same. On this day that the appellants have paid a sum of Rs.85,00,000/- to the Respondents No.1 to 4 herein, i.e., Rs.84,50,000/- by way of four separate DDs and Rs.50,000/- by way of cash. 6. The material particulars of the DDs are as hereunder; ➤ DD bearing No.330511 dated 24.06.2026 for a sum of Rs.49,50,000/- drawn on Karnataka State Co-operative Apex Bank Ltd., Vyalikaval Branch, Bengaluru 560 003, drawn in favour of Respondent No.1 namely Smt. Sarojamma. Digitally Signed by NARENDRA PRASAD HAREKOPPA THIMMANNA GOWDA on 21- 09-2026 - 13 - HC-KAR CNR: KAHC010447542017 NC: 2026:KHC:49675 RFA No. 1901 of 2017 C/W RFA No. 1900 of 2017 ➤ DD bearing No.022607 dated 25.06.2026 for a sum of Rs.15,00,000/- drawn on Sree Rama Co- operative Bank Ltd., Coconut Avenue Road, Malleshwaram Branch, Bengaluru - 560 003, drawn in favour of Respondent No.2, namely D.L. Prasana Kumar. ➤ DD bearing No.022609 dated 25.06.2026 for of sum Rs.10,00,000/- drawn on Sree Rama Co- operative Bank Ltd., Coconut Avenue Road, Malleshwaram Branch, Bengaluru - 560 003, drawn in favour of Respondent No.3 namely Susheela. ➤ DD bearing No.022608 dated 25.06.2026 for of a sum Rs.10,00,000/- drawn on Sree Rama Co- operative Bank Ltd., Coconut Avenue Road, Malleshwaram Branch, Bengaluru - 560 003, drawn in favour of Respondent No.4, namely Sudha. 7. That, the Respondents No.1 to 4 hereby acknowledge the receipt of Rs.85,00,000/- in the manner stated above, further they admit that the schedule properties are the absolute properties of Appellant Nos.1 to 5 herein and that they have no claim of any nature over the same, further they admit that the appellants are in lawful possession and enjoyment of the same, that the Respondents Digitally Signed by NARENDRA PRASAD HAREKOPPA THIMMANNA GOWDA on 21- 09-2026 - 14 - HC-KAR CNR: KAHC010447542017 NC: 2026:KHC:49675 RFA No. 1901 of 2017 C/W RFA No. 1900 of 2017 No. 1 to 4 have no claim of any nature in respect of the plaint schedule properties. In view of the above, that they have no objection in dismissing the suit in O.S.No.6420/2011 which was filed Respondent No.1 herein before the IX Addl. City Civil & Sessions Judge, Bengaluru, against the appellant and others for partition and separate possession in view of the compromise entered into, accordingly, the appeal filed by the appellants be ordered to be allowed. 8. There is no collusion or coercion between the parties in entering into this compromise. Accordingly, the appeal may be ordered to be disposed off in terms of the compromise, in the ends of justice, WHEREFORE, the Appellants and Respondents most humbly pray that the above appeal be ordered to be dispose off in terms of compromise without any order as to cost to meet the ends of justice and equity.” 6. All the parties are present before this Court and have been duly identified by their respective counsels. The Digitally Signed by NARENDRA PRASAD HAREKOPPA THIMMANNA GOWDA on 21- 09-2026 - 15 - HC-KAR CNR: KAHC010447542017 NC: 2026:KHC:49675 RFA No. 1901 of 2017 C/W RFA No. 1900 of 2017 parties submit that they have perused the compromise petition and have settled the matters in terms thereof. 7. The said compromise petition, signed by both the parties and their respective learned counsels, is hereby taken on record. 8. Accordingly, the regular first appeals are disposed of in terms of compromise petition filed in RFA No.1901/2017. 9. Registry is directed to draw up a decree in terms of compromise petition. (H.T. NARENDRA PRASAD) JUDGE HA LIST NO.: 1 SL NO.: 33 Digitally Signed by NARENDRA PRASAD HAREKOPPA THIMMANNA GOWDA on 21- 09-2026