- 1 - HC-KAR NC: 2026:KHC:5097 RSA No. 885 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE RAVI V HOSMANI REGULAR SECOND APPEAL NO. 885 OF 2023 (PAR/INJ) BETWEEN: 1. JYOTHAIAH S/O LATE SIDDESHWARAIAH AGED 45 YEARS 2. NAGARAJ S/O LATE SIDDESHWARAIAH AGED 38 YEARS 3. SMT. SHARADA D/O LATE SIDDESHWARAIAH AGED 47 YEARS 4. L. BASAVARAJAIAH S/O LATE LNAGPPA @ DODDAPPAIAH AGED 75 YEARS 5. L SOMAIAH S/O LATE LNAGPPA @ DODDAPPAIAH AGED 68 YEARS 6. SMT. NETHRA D/O LATE L DEVARAJ AGED 32 YEARS 7. SMT. KALA W/O LATE MAHADEVAIAH AGED 47 YEARS 8. DEEPA D/O LATE MAHADEVAIAH AGED 28 YEARS Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:5097 RSA No. 885 of 2023 ALL ARE RESIDING AT HENNAGARA VILLAGE, JIGANI HOBLI, ANEKAL TALUK, BENGALURU URBAN DISTRICT - 560 099. …APPELLANTS (BY SRI. B RAMESH, ADVOCATE) AND: 1. 1(a) 1(b) 1(c) 1(d) RENUKAPPA S/O LATE G SIDDAPPA AGED 79 YEARS. LEGAL REPRESENTATIVES OF DECEASED RESPONDENT NO.1. SMT. DEVARAMMA W/O. LATE RENUKAPPA AGED 76 YEARS, SRI KUMAR H.R. S/O.LATE RENUKAPPA AGED 53 YEARS. SURESH H.R. S/O. LATE RENUKAPPA AGED 48 YEARS. MAHESH H.R. S/O.LATE RENUKAPPA AGED 45 YEARS. RESPONDENTS NO.1(A) TO 1(D) ARE RESIDING AT HENNAGARA VILLAGE, HENNAGARA POST, JIGNI HOBLI, ANEKAL TALUK, BENGALURU URBAN DISTRICT-560 099. - 3 - HC-KAR NC: 2026:KHC:5097 RSA No. 885 of 2023 2. JYOTHAIAH S/O LATE G SIDDAPPA AGED 77 YEARS 3. NAGARAJU S/O LATE G SIDDAPPA AGED 73 YEARS 4. SHAMANNA S/O LATE G SIDDAPPA AGED 71 YEARS. SINCE DECEASED REP. BY HIS LRs. 4(A). SMT. LALITHAMMA W/O LATE SHAMANNA AGED ABOUT 59 YEARS 4(B). SHANKAR S/O LATE SHAMANNA AGED ABOUT 35 YEARS 4(C). SIDDESH S/O LATE SHAMANNA AGED ABOUT 31 YEARS 4(D). JYOTHIPRASAD S/O LATE SHAMANNA AGED ABOUT 29 YEARS RESP. 4(A) TO 4(D) ARE RESIDING AT HENNAGARA CILLAGE AND POST JIGANI HOBLI, ANEKAL TALUK BENGALURU URBAN DISTRICT - 560 099. - 4 - HC-KAR NC: 2026:KHC:5097 RSA No. 885 of 2023 5. GANGAPPA S/O LATE G SIDDAPPA AGED 69 YEARS 6. REVAMMA D/O LATE G SIDDAPPA AGED 73 YEARS ALL ARE RESIDING AT HENNAGARA VILLAGE, JIGANI HOBLI, ANEKAL TALUK, BENGALURU URBAN DISTRICT - 560 099. 7. ANTHONY @ TONY S/O LATE JYOTHAPPA AGED 65 YEARS, R/A BEGUR VILLAGE, BEGUR HOBLI, BENGALURU. 8. M/S AMOGHA SHELTERS PVT. LTD., REP BY ITS PARTNER, NHR PRASAD REDDY HAVING OFFICE AT NO 5, 13TH CROSS, 9TH MAIN HSR LAYOUT, VI SECTOR, BENGALURU - 560 103. 9. N.S. BHASKAR REDDY S/O N.S. SHIVA REDDY AGED 57 YEARS R/A NO. 5, 13TH CROSS, 9TH MAIN HSR LAYOUT, BENGALURU - 560 103. - 5 - HC-KAR NC: 2026:KHC:5097 RSA No. 885 of 2023 10. JYOTHAIAH S/O NANJAPPA AGED 75 YEARS, 11. CHANDRANNA S/O NANJAPPA AGED 73 YEARS. SINCE DECEASED REP. BY HIS LRs. 11(A). BASAVARAJU C. S/O LATE CHANDRANNA AGED ABOUT 45 YEARS 11(B). JAYANNA C S/O LATE CHANDRANNA AGED ABOUT 40 YEARS RESPONDENTS NO.10, 11(A) & 11(B) ARE RESIDING AT HENNAGARA VILLAGE AND POST, JIGANI HOBLI, ANEKAL TALUK, BENGALURU URBAN DISTRICT - 560 099. 12. RATHNAMMA D/O SIDDAPPA AGED 58 YEARS, R/A HARIHARA MAIN ROAD, KONANAKUNTE, BENGALURU - 560 060. 13. RAJASHEKAR S/O LATE BASAVARAJAPPA AGED 52 YEARS 14. PUTTAMMA D/O LATE BASAVARAJAPPA AGED 52 YEARS - 6 - HC-KAR NC: 2026:KHC:5097 RSA No. 885 of 2023 …RESPONDENTS (BY SRI. DHANANJAY JOSHI, SR. COUNSEL FOR SRI. LOKESH S.G, ADVOCATE FOR R1(A TO D), R2, R3, R4(A TO D), R5 AND R6; SRI. KASHYAP N. NAIK, ADVOCATE FOR R10, R11(A & B) R12 TO R16; VIDE ORDER DATED 04.04.2024, NOTICE TO R7 TO R9 DISPENSED WITH AT RISK OF APPELLANT) THIS RSA IS FILED UNDER SEC.100 OF CPC AGAINST THE JUDGMENT AND DECREE DATED 07.01.2022 PASSED IN RA NO.5053/2018 ON THE FILE OF THE III ADDITIONAL DISTRICT AND SESSIONS JUDGE, ANEKAL ALLOWING AND SETTING ASIDE THE JUDGMENT AND DECREE DATED 03.11.2018 PASSED IN OS NO.760/2006 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, ANEKAL.TRIAL COURT DISMISSED THE SUIT APPELLATE COURT ALLOWED THE SUIT FOR PARTITION AND INJUNCTION. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: 15. NARAGAJ S/O LATE BASAVARAJAPPA AGED 46 YEARS 16. MANJULA D/O LATE BASAVARAJAPPA AGED 44 YEARS RESPONDENTS NO.13 TO 16 ARE RESIDING AT HENNAGARA VILLAGE, JIGANI HOBLI, ANEKAL TALUK, BENGALURU URBAN DISTRICT - 560 099. - 7 - HC-KAR NC: 2026:KHC:5097 RSA No. 885 of 2023 CORAM: HON'BLE MR. JUSTICE RAVI V HOSMANI ORAL JUDGMENT Challenging judgment and decree dated 07.01.2022 passed by III Addl. District & Sessions Judge, Bengaluru Rural District, Sitting at Anekal, in allowing R.A.no.5053/2018 by setting-aside judgment and decree dated 03.11.2018 passed by Senior Civil Judge & JMFC, Anekal, Bangalore Rural District, Bangalore, in O.S.no.760/2006, this appeal is filed. 2. Parties have entered into compromise and terms of which reads as follows - "JOINT COMPROMISE PETITION FILED BY THE APPELLANTS AND RESPONDENT NOS. 1(A) TO 1(D), 2, 3, 4(A) TO 4(D), 5, 6 AND 10 TO 16 UNDER ORDER XXIII RULE 3 READ WITH SECTION 151 OF THE CODE OF CIVIL PROCEDURE, 1908 The Appellants and Respondent NOS. 1(A) TO 1(D), 2, 3, 4(A) TO 4(D), 5, 6and 10 to 16 (hereinafter collectively referred to as "the Parties") most respectfully submit as follows: 1. Appellants herein have preferred this Appeal being aggrieved by the judgment and decree dated 07.01.2022 passed by the III Addl District and Sessions Judge, Bengaluru Rural, at Anekal in R.A. No. 5053 of 2018, which had set aside the judgment and decree dated 03.11.2018 passed by the Senior Civil Judge and JMFC, Anekal in O.S. No. 760/2006. The Respondents No. 1 to 6 were Plaintiffs before the Trial Court and they had filed a suit for Partition and Separate Possession in respect of the suit schedule - 8 - HC-KAR NC: 2026:KHC:5097 RSA No. 885 of 2023 property. The Trial Court had rejected the suit of the Plaintiffs. Being aggrieved by the said order, the Plaintiffs/Respondents No. 1 to 6 had preferred an appeal in R.A No. 5053/2018. After hearing the parties, the first appellate court had decreed the suit of the Plaintiffs for partition, holding that they are entitled to 1/3rdshare in the suit schedule properties. Aggrieved by the said order the present appeal has been preferred by the Appellants/Defendants No. 1 to 6. 2. It is submitted that during the course of the proceedings before this Hon’ble Court, the Learned Counsels appearing for the Parties and the Parties mutually discussed and arrived at a settlement with a view to put a quietus to this litigation. The terms of this settlement are being recorded herein below. Subject to the orders that may be passed by this Hon’ble Court, the Parties herein would share and divide the suit schedule properties in the manner described herein below. 3. It is submitted that the parties to this compromise are all family members whose lineage is derived from the original propositusDoddalingappa. Doddalingappa had three sons, namely Gurubasavadevarajaiah, Lingappa @ Doddappaiah and Siddappa. 4. Gurubasavadevarajaiah died during the year 1971 leaving behind three daughters, namely (i) Lingamma @ Chikkathayamma, (ii) Yellamma, and (iii) Karibasamma. Lingamma died leaving behind two sons, namely Jyothaiah (Respondent No. 10) and Chandranna (Original Respondent No. 11, now deceased and represented by his children Basavaraj (11(A))and Jayanna (11(B)). Yellamma, who married Lingappa, died without any children. Karibasamma, who married G. Siddappa left behind seven children, namely – (i) Renukappa (now Deceased, represented by his wife, Smt. Deviramma and his sons Kumar R, Suresh HR and Mahesh HR, who are arrayed herein as Respondent Nos. 1(A) to 1(D) respectively), (ii) Jyothaiah (Respondent No.2), (iii) Nagaraju (Respondent No. 3), (iv) Shamanna (Since - 9 - HC-KAR NC: 2026:KHC:5097 RSA No. 885 of 2023 dead, represented by his wife Lalithamma and his children Shankar, Siddesh and Jyothiprasad, who are Respondent Nos. 4(A) to 4(D) respectively), (v) Gangappa (Respondent No. 5), (vi) Revamma (Respondent No. 6) and (vii) Rathnamma (Respondent No. 12). 5. Lingappa @ Doddappaiah, died on 03.11.1977 leaving behind six sons, namely (i) L. Jyothaiah (Deceased with no issues); (ii) L. Siddeshwaraiah (Deceased,represented by his three children – Jyothiaiah (Appellant No. 1), Nagaraj (Appellant No. 2)and Sharada (Appellant No. 3); (iii) L.Basavarajaiah (Appellant No. 4); (iv) L. Somaiah (Appellant No. 5); (v) L. Devaraju (Now deceased, represented by daughter Nethra, who isAppellant No. 6); and (vi) L. Mahadevaiah (deceased, represented by his LRs, Kala (Appellant No. 7)who is his Wife and Deepa (Appellant No. 8) who is his Daughter. 6. Siddappa, died during the year 1971, leaving behind hiswife, Gowramma, and his adopted daughter(saku magalu) Gurushantamma, both of whom are now deceased. Gurushanthamma was married to Basavarajappa, who is also now deceased, and she is represented herein by her children Rajashekhar, Puttamma, Nagaraj, and Manjula, who are arrayed as Respondent Nos. 13 to 16 respectively. 7. Parties agree that the suit schedule properties were the joint properties of Gurubasavadevarajaiah, Lingappa and Siddappa. The parties have mutually agreed, subject to the outcome of this case, to partition and share the suit schedule properties in the manner described herein below: i. Parties agree that all the properties that are allocated to the share of Respondents Nos. 1(A) TO 1(D), 2, 3, 4(A) TO 4(D), 5, 6and 10 to 12 jointly have been morefully described in Schedule A mentioned hereunder and hereinafter referred to as the Schedule ‘A’ Property. Similarly, the properties that are allocated to the share of Appellants have been morefully described in - 10 - HC-KAR NC: 2026:KHC:5097 RSA No. 885 of 2023 Schedule B mentioned hereunder and hereinafter referred to as the Schedule ‘B’ Property. The properties that are allocated to the share of Respondent Nos. 13 to 16 jointly have been morefully described in Schedule C mentioned hereunder and hereinafter referred to as the Schedule ‘C’Property. The properties that are allocated to the exclusive share of Respondent Nos. 1(A) to 1(D) have been morefully described in Schedule D mentioned hereunder and hereinafter referred to as the Schedule ‘D’Property. ii. Parties agree that item No. 1 of the suit schedule properties bearing khaneshmari Nos. 23 and 24 shall be allotted to the share of Respondent Nos. 1(A) TO 1(D), 2, 3, 4(A) TO 4(D), 5, 6and 10 to 12. The Appellants and Respondent Nos. 13 to 16 shall not have any share whatsoever in respect of this property. It is further agreed that the Appellants, Respondent Nos. 13 to 16 and anyone claiming through or under them shall not interfere or seek any right, title, interest or share in respect of this property in any manner whatsoever. iii. Parties agree that item No. 2 of the suit schedule property bearing Survey No. 77/1 measuring 14 Guntas shall be divided between the parties to this compromise in the manner specified in item No. 2 of Schedule A, B and C respectively between the parties. The land to an extent of 5Guntas that is allocated to Respondent Nos. 1(A) TO 1(D), 2, 3, 4(A) TO 4(D), 5, 6and 10 to 12are morefully described in – item No. 2 of Schedule A; land to an extent of 4 Guntas that is allocated to Appellants is morefully described in item No. 2 of Schedule B; and land measuring 5 Guntas that is allocated to Respondent Nos. 13 to 16 is morefully described in Item No. 2 of Schedule C. iv. Parties agree that item No. 3 of the suit schedule property consists of bearing Survey Nos. 2/1, 2/2, 2/3, and 2/4 shall be divided between the parties to this compromise in the manner specified in item No. 3 of Schedule A and D. The land to an extent of 1 Acre and 37 Guntas that is - 11 - HC-KAR NC: 2026:KHC:5097 RSA No. 885 of 2023 allocated to Respondent Nos. 1(A) TO 1(D), 2, 3, 4(A) TO 4(D), 5, 6and 10 to 12 are morefully described in item No. 3 of Schedule A; and land measuring 3 Acre and 33 Guntas shall stand allocated to Respondent Nos. 1(A) to 1(D) is morefully described in Item No. 3 of Schedule D. The Appellants and Respondent Nos. 13 to 16 shall not have any share whatsoever in respect of this property. It is further agreed that the Appellants, Respondent Nos. 13 to 16 and anyone claiming through or under them shall not interfere or seek any right, title, interest or share in respect of this property in any manner whatsoever. v. Parties agree that item No. 4 of the suit schedule property bearing Survey No. 28/1 measuring 4 Acre and4 Guntas shall be divided between the parties to this compromise in the manner specified in item No. 4 of Schedule A and B respectively between the parties. The land to an extent of 1 Acre and 20 Guntas that is allocated to Respondent Nos. 1(A) TO 1(D), 2, 3, 4(A) TO 4(D), 5, 6and 10 to 12 are morefully described in item No. 4 of Schedule A; land to an extent of 2 Acre and 24 Guntas that is allocated to Appellants is morefully described in item No. 4 of Schedule B. The Respondent Nos. 13 to 16 shall not have any share whatsoever in respect of this property. It is further agreed that Respondent Nos. 13 to 16 and anyone claiming through or under them shall not interfere or seek any right tittle interest or share in respect of this property in any manner whatsoever. vi. Parties agree that item No. 5 of the suit schedule property bearing Survey No. 29 measuring 1 Acre and 9 Guntas shall be divided between the parties to this compromise in the manner specified in item No. 5 of Schedule A, B and D respectively. The land to an extent of15 Guntas that is allocated to Respondent Nos. 1(A) TO 1(D), 2, 3, 4(A) TO 4(D), 5, 6and 10 to 12 are morefully described in item No. 5 of Schedule A; land to an extent of 20 Guntas that is allocated to Appellants is morefully described in item No. 5 of Schedule B; and land measuring 14 Guntas that is - 12 - HC-KAR NC: 2026:KHC:5097 RSA No. 885 of 2023 allocated to Respondent Nos. 1(A) to 1(D) is morefully described in Item No. 5 of Schedule D. The Respondent Nos. 13 to 16 shall not have any share whatsoever in respect of this property. It is further agreed that Respondent Nos. 13 to 16 and anyone claiming through or under them shall not interfere or seek any right title interest or share in respect of this property in any manner whatsoever. vii. Parties agree that item No. 6 of the suit schedule property bearing Survey No. 96/1 measuring 1 Acre and 7 Guntas shall be divided between the parties to this compromise in the manner specified in item No. 6 of Schedule A, C and D respectively between the parties. The land to an extent of 16 Guntas that is allocated to Respondent Nos. 1(A) TO 1(D), 2, 3, 4(A) TO 4(D), 5, 6and 10 to 12 are morefully described in item No. 6 of Schedule A; land measuring 15.50 Guntas that is allocated to Respondents Nos. 13 to 16 is morefully described in Item No. 6 of Schedule C. and land to an extent of 15.50 Guntas shall be allocated to Respondents No. 1(A) to 1(D) is morefully described in item No. 6 of Schedule D.The Appellants shall not have any share whatsoever in respect of this property. It is further agreed that Appellants or anyone claiming through or under them shall not interfere or seek any right tittle interest or share in respect of this property in any manner whatsoever. viii. Parties agree that item No. 7 of the suit schedule properties bearing Survey No. 37/2A and Survey No. 37/2B shall be allotted to the share of Respondent Nos. 1(A) to 1(D). The Appellants and Respondent Nos. 2, 3, 4(A) to 4(D), 5, 6 and 10 to 16shall not have any share whatsoever in respect of this property. It is further agreed that the Appellants, Respondent Nos. 2, 3, 4(A) to 4(D), 5, 6 and 10 to 16and anyone claiming through or under them shall not interfere or seek any right, title, interest or share in respect of this property in any manner whatsoever. - 13 - HC-KAR NC: 2026:KHC:5097 RSA No. 885 of 2023 ix. Parties agree that item No. 8 of the suit schedule properties bearing Khaneshmari No. 52 and Khaneshmari No. 53 shall be exclusively allotted to the share of the Appellants. The Respondent Nos. 1(A) TO 1(D), 2, 3, 4(A) TO 4(D), 5, 6and 10 to 16shall not have any share whatsoever in respect of this property. It is further agreed that the Appellants, Respondent Nos. 1(A) TO 1(D), 2, 3, 4(A) TO 4(D), 5, 6and 10 to 16and anyone claiming through or under them shall not interfere or seek any right title interest or share in respect of this property in any manner whatsoever. 8. In respect of Item No. 9 of the suit schedule property there are two cases pending before this Hon’ble Court. The above case that is filed by the Appellants herein concerns regarding their share over the said property. Apart from this case, one Shri N.Raghu, who has claimed to be a subsequent purchaser of the said suit schedule property, has filed another appeal bearing R.S.A No. 376 of 2023 before this Hon’ble Court, which is pending consideration. In view of the pendency of R.S.A No. 376 of 2023, the Parties are unable to delineate their respective share in the present compromise. However, the Parties agree that in the event of this Hon’ble Court dismissing the appeal bearing R.S.A No. 376 of 2023, the Item No. 9 of the suit schedule property, bearing Sy. No. 38/1 measuring 19 Guntas would be divided between (i) the Appellants, (ii) Respondent Nos. 1(A) to 1(D) and (iii) Respondent Nos. 1(A) to 1(D), 2, 3, 4(A) to4(D), 5, 6 and 10 to 12. In other words, the Appellants would be entitled to 6 Guntas, Respondent Nos. 1(A) to 1(D) would be entitled to 7 Guntas and Respondent Nos. 1(A) to 1(D), 2, 3, 4(A) to 4(D), 5, 6 and 10 to 12 would be jointly entitled to 6 Guntas. It is made clear that the division in respect of this property would only hold good if R.S.A No. 376 of 2023 is dismissed. If this Hon’ble Court were to allow or partly allow the said appeal, then the Parties agree to proportionately allocate their respective shares in the same manner as the shares have been allocated to the Parties under this Compromise, as mentioned above in this paragraph. - 14 - HC-KAR NC: 2026:KHC:5097 RSA No. 885 of 2023 9. Parties agree that the share of properties allocated to each of them, as per para 8 read with the schedule mentioned herein below, shall be held by them and owned and enjoyed hereinafter as their separate property. The Appellants shall not interfere or claim any right title interest in respect of the share of the properties that are allocated to the share of the Respondent Nos. 1(A) TO 1(D), 2, 3, 4(A) TO 4(D), 5, 6, 10 to 12 and 13 to 16 in respect of schedule properties. Similarly, Respondent Nos. 1(A) TO 1(D), 2, 3, 4(A) TO 4(D), 5, 6and 10 to 12shall not interfere or claim any right title interest in respect of the share of the properties that are allocated to the share of the Appellants or Respondent Nos. 13 to 16 in respect of schedule properties. Similarly, Respondent Nos. 13 to 16 shall not interfere or claim any right title interest in respect of the properties that are allocated to the share of Appellants and Respondent Nos. 1(A) TO 1(D), 2, 3, 4(A) TO 4(D), 5, 6and 10 to 12. 10. The Parties undertake to peacefully hand over possession of the respective shares to the entitled parties without any obstruction, interference, or delay. 11. In the event any property is presently occupied by tenants or third parties, the Party to whom such property is allocated shall be entitled to and be responsible for taking appropriate action as absolute owners thereof, including but not limited to, evicting any person and/or seeking arrears of rentals, mesne profits and from taking over actual, physical, vacant possession of the same. 12. The parties to whom the suit schedule properties in allocated under this compromise shall be entitled to seek mutation of revenue or municipal records and all other parties shall cooperate to such mutation, subject to the outcome of this case. 13. Parties further agree that in the event of any third party claims or in the event of any of the parties herein having already alienated or agreed to alienate any portion of the schedule property to such third parties, then the respective parties shall be solely responsible to ensure that such third parties claim - 15 - HC-KAR NC: 2026:KHC:5097 RSA No. 885 of 2023 only from and out of the properties allocated to such party under this compromise. Furthermore, the party who has created any third party rights in respect of any of the portion of the schedule property outside the ambit of the share of properties held by them under this compromise, shall ensure that other allottees or sharers under this compromise are not disturbed or hindered in any manner whatsoever due to such third party claims or alienations. 14. In the event any third party establishes a valid claim to any portion of the suit schedule properties, the loss or diminution in the share of any Party on account of such third-party claim shall be indemnified by the defaulting party, including but not limited to the proportionate adjustment of the properties by further allocating a share or portion of it from and out of the properties held by such defaulting party under this compromise. 15. It is submitted that the parties to this petition submit a copy of this compromise petition and copy of the orders that may be passed by this Hon’ble Court before the Trial Court in which FDP No. 17/ 2022 is pending consideration and request the Trial Court to dispose off the said FDP No. 17/ 2022 in terms of this compromise. 16. The Parties hereby declare that they have entered into this compromise voluntarily and out of their free will, and that there has been no misrepresentation, coercion, force, or undue influence by any person whatsoever. The Parties have agreed to this settlement to avoid further legal proceedings, to preserve family harmony, and in the interest of resolving the dispute amicably. SCHEDULE PROPERTIES SCHEDULE - A (Properties jointly allotted to the share of Respondent NOS. 1(A) TO 1(D), 2, 3, 4(A) TO (D), 5, 6and 10 - 12) ITEM NO. 1: Property Khaneshmari bearing No.23 and Khaneshmari bearing No. 24 (New No. 61), - 16 - HC-KAR NC: 2026:KHC:5097 RSA No. 885 of 2023 measuring to an extent of East to West 98' feet and North to South 73' feet situated at Hennagara Village, Jigani Hobli, Anekal Taluk, Bengaluru Urban District, is bounded on the: East by: Property belongs to G. Siddappa and Mariswamaiah West by:Property belongs to Rudra Shetty North by:Property belongs to Nagaraj. T. South by:Property bearing Survey No. 77/1 ITEM NO. 2: Survey No 77/1, totally measuring 5 Guntas out of 14 Guntas, situated at Hennagara Village, Jigani Hobli, Anekal Taluk, Bengaluru Urban District, is bounded on the: East by: Property bearing Survey No. 77/1 now allotted to the share of the appellants i.e. legal representatives of Lingappa @ Doddappiah West by: Property bearing Survey No. 77/1 now allotted to the share of the respondents (R13 to R16) i.e. legal representatives of Siddappa North by: Gramathana property Khanshmari bearing No.23 and Khanshmari bearing No.24 (New No. 61), now allotted to the share of the respondents i.e. legal representatives of Gurubasavadeverajaiah South by: Government Road ITEM NO. 3: Survey No 2/1, 2/2, 2/3, and 2/4 measuring 1 Acre 37 Guntas out of 5 Acres 30 Guntas, situated at Hennagara Village, Jigani Hobli, Anekal Taluk, Bengaluru Urban District, is bounded on the: East by: Property of Munithanappa West by: Rajapura Gadi North by:Property of Survey No. 3 - 17 - HC-KAR NC: 2026:KHC:5097 RSA No. 885 of 2023 South by:Property bearing Survey No. 2/1, 2/2, 2/3 and 2/4 now allotted to the Respondent Nos. 1 (A) to 1 (D). ITEM NO. 1 (A) to 1 (D). ITEM NO. 4:Lands bearing Survey No 28/1 measuring 24 Guntas, Survey No. 28/3 measuring 9.5Guntas and Survey No. 28/4 measuring 26.5Guntas, all of which originally formed part of Survey No. 28/1 and now phoded into six sub- divisions, and situated at Hennagara Village, Jigani Hobli, Anekal Taluk, Bengaluru Urban District, is bounded on the: East by: Property bearing Survey No. 28/1 now allotted to the share of the appellants i.e. legal representatives of Lingappa @ Doddappiah West by: Property bearing Survey No 28/2 owned by Renukappa. S. North by: Government Road and property of Papa Reddy and Narayanappa. C. South by: Rajakaluve ITEM NO. 5: Land bearing Survey No 29, measuring 15 Guntas out of 1 Acre 9 Guntas situated at H Hosahalli Village, Jigani Hobli, Anekal Taluk, Bengaluru Urban District, is bounded on the: East by: Survey No. 28 property belongs to Omkar Layout West by: Survey No 30 property belongs to Kondareddy North by: Rajakaluve South by: Remaining property bearing Survey No. 29 now allotted to the share of the Respondent Nos. 1(A) to 1(D) ITEM NO. 6: Land bearing Survey No 96/1, measuring 16 Guntas out of 1 Acre 7 Guntas situated at Hennagara Amanikere Village, Jigani Hobli, Anekal Taluk, Bengaluru Urban District is bounded on the: - 18 - HC-KAR NC: 2026:KHC:5097 RSA No. 885 of 2023 East by: Survey No 95 property belongs to Govindappa. T. and Venkataswammy. T. West by: Survey No 97 property belongs to Omkar Layout North by: Remaining property bearing Survey No. 96/1 now allotted to the share of the respondent Nos. R(13) to R(16) i.e. legal representatives of Siddappa South by: Remaining property bearing Survey No. 96/1 now allotted to the share of Respondent Nos. 1(A) to 1(D). ITEM NO. 7: Not allotted to these Respondents ITEM NO. 8: Not allotted to these Respondents SCHEDULE - B (Properties allotted to the share of Appellants) ITEM NO.1: Not Allotted to Appellants ITEM NO. 2: Survey No 77/1, totally measuring 4 Guntas out of 14 Guntas, situated at Hennagara Village, Jigani Hobli, Anekal Taluk, Bengaluru Urban District, is bounded on the: East by: Property belongs to Karibasava Shetty West by: Property bearing Survey No. 77/1 now allotted to the share of the Respondents i.e. legal representatives of Gurubasavadeverajaiah North by: Gramathana South by: Government Road ITEM NO.3:Not Allotted to the Appellants. ITEM NO. 4: Survey No 28/1, measuring 2 Acre 24 Guntas out of the total extent of 4 Acre 4 Guntas, being garden land, situated at Hennagara Village, Jigani Hobli, Anekal Taluk, Bengaluru Urban District, is bounded on the: - 19 - HC-KAR NC: 2026:KHC:5097 RSA No. 885 of 2023 East by: H Hosahalli Village Boundary West by: Property bearing Survey No. 28/1 now allotted to the share of the respondents i.e. legal representatives of Gurubasavadeverajaiah North by: Government Road and property of Papa Reddy South by: Rajakaluve ITEM NO. 5: Land bearing Survey No 29, measuring 20 Guntas out of 1 Acre 9 Guntas, situated at H Hosahalli Village, Jigani Hobli, Anekal Taluk, Bengaluru Urban District, is bounded on the: East by: Survey No. 28 property belongs to Omkar Layout West by: Survey No. 30 property belongs to Kondareddy North by: Rajakaluve South by: Remaining property bearing Survey No. 29 now allotted to the share of the respondent Nos. 1(A) to 1(D) ITEM NO. 6:Not allotted to Appellants. ITEM NO. 7: Not allotted to Appellants. ITEM NO. 8:Khaneshmari bearing K.H No. 52 and Khaneshmari bearing K.H No. 53, measuring 90’ (East to West) feet X 40’ (North to South) feet, situated at Hennagara Village, Jigani Hobli, Anekal Taluk, is bounded on the: East by: Property belongs to G. Siddappa and Nageshappa West by: Government Road North by: Government Road South by: Property belongs to Gurushanthamma and G. Siddappa SCHEDULE - C (Properties allotted to the share of Respondent Nos. 13 to 16) ITEM NO1: Not allotted to these Respondents ITEM NO. 2: Survey No. 77/1, totally measuring 5 Guntas out of 14 Guntas, situated at Hennagara Village, Jigani Hobli, Anekal Taluk, Bengaluru Urban District, is bounded on the: - 20 - HC-KAR NC: 2026:KHC:5097 RSA No. 885 of 2023 East by: Property allotted to the share of the respondents i.e. legal representatives of Gurubasavadeverajaiah West by: Private property North by: Gramathana, property allotted to the share of the respondents i.e. legal representatives of Gurubasavadeverajaiah South by: Government Road ITEM NO.3: Not allotted to these Respondents ITEM NO.4: Not allotted to these Respondents ITEM NO.5: Not allotted to these Respondents ITEM NO. 6: Land bearing Survey No 96/1, measuring 15.5 Guntas out of 1 Acre 7 Guntas situated at Hennagara Amanikere Village, Jigani Hobli, Anekal Taluk, Bengaluru Urban District is bounded on the: East by: Survey No. 95 property belongs to Govindappa. T.and Venkataswammy. T West by: Survey No. 97 property belongs to Omkar Layout North by: Remaining property bearing Survey No. 96/1 now allotted to the share of the respondents i.e. legal representatives of Gurubasavadevarajaiah South by: Survey No. 118 property belongs to Gurushanthamma ITEM NO.7: Not allotted to these Respondents ITEM NO.8: Not allotted to these Respondents SCHEDULE – D (Properties allotted to the share of Respondent Nos. 1(A) to 1(D)) ITEM NO.1: Already covered in Schedule A ITEM NO.2: Already covered in Schedule A - 21 - HC-KAR NC: 2026:KHC:5097 RSA No. 885 of 2023 ITEM NO. 3: Survey No. 2/1, 2/2, 2/3, and 2/4 measuring 3 Acre 33 Guntas out of 5 Acres 30 Guntas, situated at Hennagara Village, Jigani Hobli, Anekal Taluk, Bengaluru Urban District, is bounded on the: East by: Property of Munithanappa West by: Rajapura Gadi North by: Property allotted to share of Respondent Nos. 1(A) to 1(D), 2, 3, 4(A) to 4(D), 5, 6 and 10 to 12. South by: Property bearing Survey No. 83, Hennagara Village. ITEM NO.4: Already covered in Schedule A ITEM NO. 5: Land bearing Survey No. 29, measuring14 Guntas out of 1 Acre 9 Guntas situated at H Hosahalli Village, Jigani Hobli, Anekal Taluk, Bengaluru Urban District, is bounded on the: East by: Survey No. 28 property belongs to Omkar Layout West by: Survey No. 30 property belongs to Kondareddy North by: Remaining property bearing Survey No. 29 now allotted to the share of the respondents i.e. legal representatives of Gurubasavadevarajaiah South by: Remaining property bearing Survey No. 29 now allotted to the share of the appellants i.e. legal representatives of Lingappa @ Doddappiah ITEM NO 6: Land bearing Sy. No 96/1, measuring 15.5 Guntas out of 1Acre 7Guntas situated at Hennagara Amanikere Village, Jigani Hobli, Anekal Taluk, Bengaluru Urban District is bounded on the: East by: Survey No. 95 property belongs to Govindappa. T. and Venkataswammy. T. West by: Survey No. 97 property belongs to Omkar Layout North by: Remaining property bearing Survey No. 96/1 now allotted to the share of the respondents i.e. legal representatives of Gurubasavadevarajaiah South by: Survey No. 96/2 property belongs to Ramaswamy - 22 - HC-KAR NC: 2026:KHC:5097 RSA No. 885 of 2023 ITEM NO 7: Land bearing Survey No. 37/2A measuring 10 Guntas and Survey No. 37/2B, measuring 8 Guntas, totally measuring 18 Guntas situated at of Hennagara Amanikere Village, Jigani Hobli, Anekal Taluk, Bengaluru Urban District is bounded on the: East by: Property belongs to M. V. Rajaiah West by: Property belongs to Shivashankarappa North by: Rajakaluve South by: Rajakaluve ITEM NO.8: Not allotted to these Respondents WHEREFORE, the Parties most respectfully pray that this Hon'ble High Court may be pleased to accept and record this joint compromise petition filed by the Parties and decree the suit in terms of this compromise petition, in the interest of justice and equity." 3. Parties are present and identified by their respective counsel. On interaction, they have stated that terms of compromise have been explained to them and after understanding same, they affirmed it out of their free will and volition without any threat, coercion or undue influence from anybody. 4. Perused terms of compromise. Terms of compromise petition appears to be in interest of all parties and to settle dispute. Therefore, compromise petition is taken on record. It is submitted that respondents no.7 to 9 were placed ex parte, as they were not members of family, and therefore, - 23 - HC-KAR NC: 2026:KHC:5097 RSA No. 885 of 2023 they have been excluded. It is further submitted that interest of purchasers, who have filed R.S.A.no.376/2023 being in respect of Item no.9 of suit schedule property is an arrangement made in compromise petition that compromise would be effective only in case, R.S.A.no.376/2023 is dismissed and if, it is allowed, terms of compromise petition, as stated in para 8, would follow. 5. Thus, learned counsel for appellant in R.S.A.no.376/2023 would reiterate his assertion that statement made in compromise petition that Sri N.Raghu, who was subsequent purchaser would be incorrect and claims that property was purchased by father of N.Raghu in year 1977. 6. Compromise Petition is taken on record. In view of terms of compromise, Appeal is disposed of to extent and in terms of compromise modifying judgment and decree dated 07.01.2022 passed by III Addl. District & Sessions Judge, Bengaluru Rural District, Sitting at Anekal, in R.A.no.5053/2018 and judgment and decree dated 03.11.2018 passed by Senior Civil Judge & JMFC, Anekal, Bangalore Rural District, in O.S.no.760/2006 . - 24 - HC-KAR NC: 2026:KHC:5097 RSA No. 885 of 2023 7. Registry is directed to draw decree incorporating terms of compromise petition. 8. In view of disposal of Appeal, all pending interlocutory applications stand disposed of accordingly. Sd/- (RAVI V HOSMANI) JUDGE HNM List No.: 1 Sl No.: 43