- 1 - HC-KAR NC: 2026:KHC:2235-DB RFA No. 2537 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF JANUARY, 2026 PRESENT THE HON'BLE MRS. JUSTICE ANU SIVARAMAN AND THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL REGULAR FIRST APPEAL NO.2537 OF 2023 (PAR) BETWEEN: 1. SMT. LAKSHMI DEVI N R W/O LATE KRISHNAMURTHY K N AGED ABOUT 70 YEARS B-95, SOG COLONY SHIVARAM NAGARA DAVANAGERE -577 002 2. SMT N PUSHAPAVATHI ALIS PUSHPA GAJENDRA W/O GAJENDRA T AGED ABOUT 66 YEARS NO S-2, GANAPATHI RESIDENCY BANK COLONY BEHIND KARNATAKA BANK UTTARAHALLI MAIN ROAD BANGALORE -560 061 3. SMT N R SARASWATHAMMA W/O L R UMAKANTHA AGED 65 YEARS SANEHALLY POST MUCHANDRA TUMKURU TALUK TUMUKRU DISTRICT -572101 4. SMT N R SEETHAMMA W/O KESHAVAMURTHY Digitally signed by BANGALORE ANJANAPPA KRISHNA KUMAR Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:2235-DB RFA No. 2537 of 2023 AGED ABOUT 64 YEARS NO 673, A BLOCK 8TH MAIN, 4TH CROSS, D GROUP LAYOUT SRIGANDHAKAVALU BANGALORE - 560 091 5. SMT N R SAVITHRAMMA W/O ERANNA AGED ABOUT 62 YEARS NO.1375, 4TH CROSS NEAR VINAYAKA HOSPITAL CHANDRA LAYOUT BANGALORE - 560 040 6. SMT N R NAGARATHNA W/O LATE SURESH KUMAR C K AGED ABOUT 56 YEARS C/O NINGAPPA COMPOUND NEAR MASTAMMA TEMPLE KOTTE ROAD, 4TH CROSS JOGIMATTI ROAD CHITRADURGA - 577 501 7. SMT N R SUBHADRAMMA W/O KENCHAPPA T AGED 54 YEARS R/AT VAISHNAVI NILAYA JOGIMATTI ROAD RAJENDRA NAGAR JATTPATT NAGAR CIRCLE CHITRADURGA - 577 501 8. SMT N R SRIRANGAMMA W/O MUKANDAPPA AGED ABOUT 52 YEARS NO.11, 4TH B MAIN SRIRANGA NILAYA SRIGANDHA KAVAL CHANDANA LAYOUT SUNKAD KATTE VISHWANEEDAM POST - 3 - HC-KAR NC: 2026:KHC:2235-DB RFA No. 2537 of 2023 BANGALORE - 560 091 ...APPELLANTS (BY SRI. BALAGANGADHAR G S, ADVOCATE) AND: 1. SMT. SUNANDAMMA.S.P W/O LATE N R SRINIVASA MURTHY D/O SRI S P SANNARAMAPPA (RETD SURVEYOR) AGED ABOUT 62 YEARS 2. SRI N S RAMPRASAD S/O LATE N R SRINIVASA MURTHY AGED ABOUT 21 YEARS BOTH R/O NO.610, NEAR CSI CHURCH FILTER HOUSE ROAD KARUVINAKATTE CIRCLE CHITRADURGA - 577 501 ALSO AT NO.3480, 14TH MAIN ROAD BEHIND NEW HORIZON SCHOOL INDIRANAGAR HAL 2ND STAGE BANGALORE - 560 038 ALSO AT SIDDAPURA VILLAGE SIRIGERE POST CHITRADURGA - 577 501 3. SMT H M SHANTHAMMA W/O LATE KRISHNAMURTHY N R AGED ABOUT 54 YEARS 4. SRI B K SRINIVASA S/O LATE N R KRISHNAMURTHY AGED ABOUT 28 YEARS - 4 - HC-KAR NC: 2026:KHC:2235-DB RFA No. 2537 of 2023 5. SRI B K VINOD S/O LATE N R KRISHNAMURTHY AGED ABOUT 28 YEARS RESPONDENTS NO.3, 4 AND 5 ARE RESIDING AT NO S-52, GAYATHRI NAGARA 8TH CROSS, BANGALORE -560 021 6. SMT N R LAKKAMMA W/O MALLIKARJUNAPPA P AGED ABOUT 59 YEARS RAJENDRA NAGARA JOGIMATTI ROAD 6TH CROSS, BEHIND CHURCH ROAD GODHULI NILAYA CHTIRADURGA - 577 501 ...RESPONDENTS (BY SRI BHAT GANAPATHY NARAYAN (GANAPATHY BHAT), ADVOCATE FOR C/R1 AND R2; SRI CHETAN C.P, ADVOCATE FOR R3 TO R6) THIS RFA IS FILED UNDER SECTION 96 R/W ORDER 41 RULE 1 OF CODE OF CIVIL PROCEDURE AGAINST THE JUDGMENT AND DECREE DATED 7.11.2023 PASSED IN OS NO.8369/2017 ON THE FILE OF XI ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU CITY., PARTLY DECREEING THE SUIT FOR PARTITION AND SEPARATE POSSESSION. THIS APPEAL, COMING ON FOR REPORTING SETTLEMENT, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN and HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL - 5 - HC-KAR NC: 2026:KHC:2235-DB RFA No. 2537 of 2023 ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL) This appeal is filed challenging the judgment and decree dated 07.11.2023 passed in O.S. No.8369/2017 by XI Additional City Civil and Sessions Judge, Bengaluru (CCH-8). 2. Learned counsel appearing for the appellants and learned counsel appearing for the respondents jointly submit that the matter is settled amicably between the parties and they have filed a compromise petition under Order 23 Rule 3 of CPC. 3. We have perused the terms of the compromise petition. We are satisfied that the terms of the compromise are as per law and not opposed to public policy. 4. Learned counsel appearing for the parties submit that all the parties to the proceedings are present and they are identified by their respective counsels. The appellants and the respondents submit that they have understood the terms of the compromise and they have duly signed in the compromise petition. - 6 - HC-KAR NC: 2026:KHC:2235-DB RFA No. 2537 of 2023 5. Taking note of the submission and taking note of the terms of the compromise entered into between the parties, we are of the opinion that the compromise petition is in accordance with law. The terms of the compromise petition reads as under: "6. Both parties have decided that in lieu of consideration of compromise the 1st and 2nd respondent have decided to give up their share in suit schedule Item No.2 to 6 of 'B' schedule property, that apart only on humanity consideration even though the appellants and respondent No.3 to 6 have no right, title and interest in respect of Schedule 'A' and Item No.1 of 'B' Property, the respondent No.1 and 2 have decided to pay an amount of Rs.35,00,000/- (Rupees Thirty Five Lakh Only) to the Appellant No.1 to 8 and respondent No.3 and 6 (which includes respondent No.4 and 5) in order to settle the matter amicably and to continue therelationship with the parties in the following manner; a. The respondent No.1 and 2 have paid an amount of Rs.3,50,000/- (Rupees Three Lakh Fifty Thousand Only) by way of D.D. bearing No.862267, dated 12.11.2025, drawn on Bank of Baroda, Indiranagar Main, Bengaluru, in favour of 1st appellant - Mrs. N.R. Lakshmidevi, receipt of which 1st appellant acknowledged the same. - 7 - HC-KAR NC: 2026:KHC:2235-DB RFA No. 2537 of 2023 b. The respondent No.1 and 2 have paid an amount of Rs. 3,50,000/- (Rupees Three Lakh Fifty Thousand Only) by way of D.D. bearing No.862268, dated 12.11.2025, drawn on Bank of Baroda, Indiranagar Main, Bengaluru, in favour of 2nd appellant- Mrs. N. Pushpavathi @ Pushpa Gajendra, receipt of which 2nd appellant acknowledged the same. c. The respondent No.1 and 2 have paid an amount of Rs. 3,50,000/- (Rupees Three Lakh Fifty Thousand Only) by way of D.D. bearing No.862270, dated 12.11.2025, drawn on Bank of Baroda, Indiranagar Main, Bengaluru, in favour of 3rd appellant Mrs. N.R. Saraswathamma, receipt of which 3rd appellant acknowledged the same. d. The respondent No.1 and 2 have paid an amount of Rs.3,50,000/- (Rupees Three Lakh Fifty Thousand Only) by way of D.D. bearing No.862269, dated 12.11.2025, drawn on Bank of Baroda, Indiranagar Main, Bengaluru, in favour of 4th appellant Mrs. N.R. Seethamma,, receipt of which 4th appellant acknowledged the same. e. The respondent No.1 and 2 have paid an amount of Rs.3,50,000/- (Rupees Three Lakh Fifty Thousand Only) by way of D.D. bearing No.862271, dated 12.11.2025, drawn on Bank of Baroda, Indiranagar Main, Bengaluru, in favour of 5th appellant- Mrs. N.R. - 8 - HC-KAR NC: 2026:KHC:2235-DB RFA No. 2537 of 2023 Savithramma, receipt of which 5th appellant acknowledged the same. f. The respondent No.1 and 2 have paid an amount of Rs.3,50,000/- (Rupees Three Lakh Fifty Thousand Only) by way of D.D. bearing No.862272, dated 12.11.2025, drawn on Bank of Baroda, Indiranagar Main, Bengaluru, in favour of 6th appellant Mrs. N.R. Nagarathna, receipt of which 6th appellant acknowledged the same. g. The respondent No.1 and 2 have paid an amount of Rs.3,50,000/- (Rupees Three Lakh Fifty Thousand Only) by way of D.D. bearing No.862273, dated 12.11.2025, drawn on Bank of Baroda, Indiranagar Main, Bengaluru, in favour of 7th appellant Mrs. N.R. Subhadramma, receipt of which 7th appellant acknowledged the same. h. The respondent No.1 and 2 have paid an amount of Rs.3,50,000/- (Rupees Three Lakh Fifty Thousand Only) by way of D.D. bearing No.862274, dated 12.11.2025, drawn on Bank of Baroda, Indiranagar Main, Bengaluru in favour of 8th appellant Mrs. N.R. Srirangamma, receipt of which 8th appellant acknowledged the same. i. The respondent No.1 and 2 have paid an amount of Rs.3,50,000/- (Rupees Three Lakh Fifty Thousand Only) by way of D.D. bearing No.862275, dated - 9 - HC-KAR NC: 2026:KHC:2235-DB RFA No. 2537 of 2023 12.11.2025, drawn on Bank of Baroda, Indiranagar Main, Bengaluru, in favour of respondent No.3 to 5 Mrs. H.M. Shanthamma, Mr. B.K. Srinivas and Mr. B.K. Vinod, however as per request of respondent No.4 and 5 requesting that the demand draft may be issued in favour of their mother Mrs. H.M. Shanthamma, accordingly the demand draft has been obtained in the name of 3rdrespondent, receipt of which respondent No.3 to 5 have acknowledged the same. j. The respondent No.1 and 2 have paid an amount of Rs.3,50,000/- (Rupees Three Lakh Fifty Thousand Only) by way of D.D. bearing No.862276, dated 12.11.2025, drawn on Bank of Baroda, Indiranagar Main, Bengaluru, in favour of 6th respondent Mrs. N.R. Lakkamma, receipt of which 6th respondent acknowledged the same." 6. Learned counsel appearing for the appellants submits that the appellants have received the demand drafts as referred in the compromise petition. Said submission is placed on record. 7. The compromise petition is accepted. The appeal is disposed of in terms of the compromise petition. The Registry shall draw up decree in terms of the compromise. The drawing - 10 - HC-KAR NC: 2026:KHC:2235-DB RFA No. 2537 of 2023 of decree by this Court shall be understood as final decree for all the purposes. Sd/- (ANU SIVARAMAN) JUDGE Sd/- (VIJAYKUMAR A. PATIL) JUDGE PN