- 1 - HC-KAR NC: 2026:KHC:3799-DB RFA No. 1349 of 2018 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF JANUARY, 2026 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MS. JUSTICE TARA VITASTA GANJU REGULAR FIRST APPEAL NO. 1349 OF 2018 (PAR) BETWEEN: 1. KUM M MANASA AGED ABOUT 8 YEARS, D/O. SRI. K N MANJUNATH, REP BY HER MOTHER AND NATURAL GUARDIAN, SMT. M JAYANTHI, AGED ABOUT 39 YEARS, W/O. K N MANNUNATH 2. SMT. M JAYANTHI AGED ABOUT 39 YEARS, W/O. K N MANNUNATH THE APPELLANTS 1 AND 2 ARE R/O KACHANAYAKANAHALLI DINNE, HENNAGARA POST, JIGANI VIA, ANEKAL TALUK, BANGALORE URBAN DISTRICT-560105. …APPELLANTS (BY SRI. SUDHINDRA S A., ADVOCATE) AND: 1. SRI K N MUANJUNATH AGED ABOUT 46 YEARS, S/O. LATE NAGAPPA @ NARAYANI, R/AT C/O BASAVARAJ FARM HOUSE, GARDEN LAND, KACHANAYAKANAHALLI DINNE, HENNAGARA POST, JIGANI VIA, Digitally signed by VASANTHA KUMARY B K Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:3799-DB RFA No. 1349 of 2018 ANEKAL TLAUK, BENGLAURU URBAN DIST 560 105 …RESPONDENT (BY SRI. ARVIND N., ADVOCATE) THIS RFA IS FILED UNDER SECTION 96 R/W ORDER XLI RULE 1 OF THE CPC, AGAINST THE JUDGMENT AND DECREE DATED 22.03.2018 PASSED IN O.S.NO.229/2016 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, ANEKAL, DISMISSING THE SUIT FOR PARTITION AND SEPARATE POSSESSION. THIS APPEAL, COMING ON FOR FURTHER HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE D K SINGH and HON'BLE MS. JUSTICE TARA VITASTA GANJU ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE D K SINGH) The present appeal has been filed under Section 96 read with Order XLI Rule 1 of the Code of Civil Procedure, 1908 (CPC) against the judgment and decree dated 22.03.2018 passed in Original Suit No.229/2016 filed by the appellants/plaintiffs. 2. The Original Suit No.229/2016 was filed by the appellants/plaintiffs for partition and separate possession of 2/3rd share in the scheduled properties. The said suit came to be dismissed. - 3 - HC-KAR NC: 2026:KHC:3799-DB RFA No. 1349 of 2018 3. During the pendency of this appeal, this Court had directed the respondent, the husband of appellant No.2 and the father of appellant No.1 to stay with his wife and daughter for a period of one week commencing from the date of the order i.e, 10.12.2025. It appears that as the parties started staying together, they have reconciled the dispute and are now happily living together. They have filed a joint compromise petition under Order XXIII Rule 3 of the CPC as well as the application under Order XXXII Rule 7 of the CPC along with the certificate of the advocate. The joint compromise petition is supported by the joint affidavit of the parties. 4. The parties are present in the Court who have been identified by their respective advocates and they have affirmed the contents of the joint compromise petition filed under Order XXIII Rule 3 of the CPC. The contents of the joint compromise petition read as under: JOINT COMPROMISE PETITION FILED UNDER ORDER 23 RULE 3 OF THE CODE OF CIVIL PROCEDURE: The above named appellants and respondent beg to state as follows:- - 4 - HC-KAR NC: 2026:KHC:3799-DB RFA No. 1349 of 2018 1. At the intervention of this Hon'ble Court in advising the parties especially the second appellant and the respondent to live together the dispute between the 2nd appellant and the respondent for a period of 15 years is solved. The appellants and the respondent are grateful to this Hon'ble Court for making them live together. Accordingly the appellants and respondent are happily living together with mutual love and affection. 2. The appellants and the respondent having been living together resolving the internal differences have now come to settlement to have joint rights of Kumari Manasa.M, Smt. M. Jayanthi and K.N.Manjunath in all the suit schedule properties. 3. The respondent herein has agreed to provide equal rights to his daughter Manasa.M and to his wife M.Jayanthi in all the suit schedule properties along with him. 4. Both the appellants and the respondent mutually agreed for decreeing the suit filed by the appellants entitling the appellants and the respondent to have equal rights in and over the all the suit schedule properties. 5. The suit may be decreed providing 1/3rd share right to the each appellants and to the respondent equally in all the schedule properties. 6. The appellant No.2 being the wife of the respondent has whole heartedly agreed to take care of the - 5 - HC-KAR NC: 2026:KHC:3799-DB RFA No. 1349 of 2018 respondent who is the her husband with true love and affection. 7. Respondent K.N.Manjunath hereby undertakes that, he will live together his wife appellant No.2 - Smt. M.Jayanthi till his last breath. WHEREFORE, the appellants and the respondent further humbly pray that this Hon'ble court be pleased to decree the suit in the above terms of the compromise in the interest of justice and equity. KUMARI MANASA.M, SMT.M.JAYANTHI AND K.N.MANJUNATH ARE JOINT OWNERS IN JOINT POSSESSION OF SCHEDULE PROPERTIES 1. Agricultural land bearing Sy.No.94 eastern portion measuring 02 acres 21/2 guntas, bounded on:- East by : Sy.No.19 - land of K.N.Basavaraj West by : Remaining land in Sy.No.94-Land of K.N.Manthesh North By : Sy.No.112 South By : Sy.No.91 2. Agricultural land bearing Sy.No.71 Southern portion measuring 0-20 guntas bounded on:- East by : Government Canal West by : Thoti Inamthi Land North By : Land of K.N.Mahanthesh South By : Land of K.N.Basavaraj. Item No.1 and 2 situated at, Kachanayakanahalli (village), Jigani (Hobli), Anekal (Taluk), Bangalore (Urban District) - 6 - HC-KAR NC: 2026:KHC:3799-DB RFA No. 1349 of 2018 3. House property bearing Khaneshmari No.97/74/33, Sl.No.97, assessment no.74, house No.33, eastern portion measuring east to west:40 feets, north to south: 40 feets, totally measuring 1600 square feets together with R.C.C construction, bounded on: East by : Road West by : Property of K.N.Mahanthesh North By : Road South By : Property of Venkataswsamy Situated at Janatha Colony, Kachanayakanahalli (village), Jigani (Hobli), Anekal (Taluk), Bangalore(Urban District). 5. As the parties have settled their dispute amicably in terms of the aforesaid compromise petition, we record the compromise and pass the compromise decree. 6. Let the decree in terms of the compromise as above be prepared. 7. With the aforesaid, we dispose of the appeal. Sd/- (D K SINGH) JUDGE Sd/- (TARA VITASTA GANJU) JUDGE RKA List No.: 1 Sl No.: 2