- 1 - HC-KAR NC: 2026:KHC:23089 RSA No. 2063 of 2016 C/W RSA No. 2064 of 2016 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH REGULAR SECOND APPEAL NO. 2063 OF 2016 (PAR) C/W REGULAR SECOND APPEAL NO. 2064 OF 2016 IN RSA No. 2063/2016 BETWEEN: 1. SMT. HARINI KARIAPPA WIFE OF LATE K G KARIAPPA AGED ABOUT 62 (NOW 64) YEARS RESIDING AT NO.43 DEFENSE COLONY II MAIN, III CROSS INDIRANAGAR BENGALURU - 560 038 2. SRI K K GANAPATHY SON OF LATE K G KARIAPPA AGED ABOUT 37 (NOW 39) YEARS RESIDING AT NO.43 DEFENSE COLONY II MAIN, III CROSS INDIRANAGAR BENGALURU - 560 038 3. SMT SHIVANI KARIAPPA DAUGHTER OF LATE K G KARIAPPA AGED ABOUT 36 (NOW 38) YEARS Digitally signed by CHAYA S A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:23089 RSA No. 2063 of 2016 C/W RSA No. 2064 of 2016 RESIDING AT NO.43, DEFENSE COLONY II MAIN, III CROSS INDIRANAGAR BENGALURU - 560 038 …APPELLANTS (BY SRI. APPAIAH P.B., ADVOCATE) AND: 1. SRI.K.G.NANDA SON OF LATE DR.KANDRATHANDA A GANAPATHY AGED ABOUT 73 (NOW 75) YEARS RESIDING AT GANAPATHY VILLA GENERAL THIMMAIAH ROAD MADIKERI - 571 201 KODAGU DISTRICT 2. SMT K GANGAVVA GANAPATHY WIFE OF LATE DR KANDRATHANDA A GANAPATHY AGED ABOUT 95 YEARS RESIDING AT GANAPATHY VILLA GENERAL THIMMAIAH ROAD MADIKERI - 571 201 KODAGU DISTRICT (SINCE DECEASED AND REPRESENTED BY HER LEGAL REPRESENTATIVES APPELLANTS NOS.1 TO 3 HEREIN AND RESPONDENTS NOS.1 TO 3 HEREIN) 3. SMT KODIRA NIMMY APPACHU WIFE OF KODIRA U APPACHU AGED ABOUT 75 (NOW 77) YEARS RESIDING AT BISON FIELD ESTATE - 3 - HC-KAR NC: 2026:KHC:23089 RSA No. 2063 of 2016 C/W RSA No. 2064 of 2016 SIDDAPUR-571 253 VIRAJPET TALUK KODAGU DISTRICT 4. SMT PEMMANDA JEMMY GANAPATHY WIFE OF P S GANAPATHY AGED ABOUT 71 (NOW 73) YEARS RESIDING AT VARSHA RUTU GENERAL THIMMAIAH ROAD MADIKERE-571 201 KODAGU DISTRICT DELETED VIDE ORDER DATED 24.04.2026 5. SRI P S GANAPATHY SON OF LATE SUBBAIAH AGED ABOUT 75 (NOW 77) YEARS RESIDING AT VARSHA RUTU GENERAL THIMMAIAH ROAD MADIKERI - 571 201 KODAGU DISTRICT …RESPONDENTS (BY SRI. LAKSHMISH G., ADVOCATE FOR R1 AND R2 R3 AND R4 DELETED VIDE ORDER DATED 24.04.2026) THIS RSA IS FILED U/S 100 READ WITH ORDER XLII RULES 1 AND 2 OF CPC., 1908 AGAINST THE JUDGMENT AND DECREE DATED 30.08.2016 PASSED IN R.A.NO.6/2014 ON THE FILE OF THE I ADDITIONAL DISTRICT JUDGE, KODAGU, MADIKERI, ALLOWING THE APPEAL AND DISMISSING THE JUDGMENT AND DECREE DATED 28.08.2013 PASSED IN O.S. NO.44/2008 ON THE FILE OF THE SENIOR CIVIL JUDGE, MADIKERI. - 4 - HC-KAR NC: 2026:KHC:23089 RSA No. 2063 of 2016 C/W RSA No. 2064 of 2016 IN RSA NO. 2064/2016 BETWEEN: 1. SMT. HARINI KARIAPPA W/O LATE K.G.KARIAPPA, AGED ABOUT 62 (NOW 64) YEARS R/AT NO. 43, DEFENSE COLONY, II MAIN, III CROSS, INDIRANAGAR, BENGALURU - 560 038. 2. SRI K K GANAPATHY S/O LATE K.G.KARIAPPA, AGED ABOUT 37 (NOW 39) YEARS R/AT NO. 43, DEFENSE COLONY, II MAIN, III CROSS, INDIRANAGAR, BENGALURU - 560 038. 3. SMT. SHIVANI KARIAPPA D/O LATE K.G. KARIAPPA, AGED ABOUT 36 (NOW 38) YEARS R/AT NO. 43, DEFENSE COLONY, II MAIN, III CROSS, INDIRANAGAR, BENGALURU - 560 038. ...APPELLANTS (BY SRI. APPAIAH P.B., ADVOCATE) AND: 1. SMT. PEMMANDA JEMMY GANAPATHY W/O P.S.GANAPATHY, AGED ABOUT 71 (NOW 73) YEARS, R/AT VARSHA RUTU GENERAL THIMMAIAH ROAD, - 5 - HC-KAR NC: 2026:KHC:23089 RSA No. 2063 of 2016 C/W RSA No. 2064 of 2016 MADIKERI - 571 201 KODAGU DISTRICT. DELETED VIDE ORDER DATED 24.04.2026 2. SRI P. S. GANAPATHY S/O LATE SUBBAIAH, AGED ABOUT 75 (NOW 77) YEARS, R/AT VARSHA RUTU GENERAL THIMMAIAH ROAD, MADIKERI - 571 201 KODAGU DISTRICT. DELETED VIDE ORDER DATED 24.04.2026 3. SRI K G NANDA S/O LATE DR KANDRATHANDA A GANAPATHY, AGED ABOUT 73 (NOW 75) YEARS, R/AT GANAPATHY VILLA, GENERAL THIMMAIAH ROAD, MADIKERI - 571 201. KODAGU DISTRICT. 4. SMT. K GANGAVVA GANAPATHY W/O LATE DR KANDRATHANDA A GANAPATHY, AGED ABOUT 95 YEARS, R/AT GANAPATHY VILLA, GENERAL THIMMAIAH ROAD, MADIKERI - 571 201 KODAGU DISTRICT (SINCE DECEASED AND REPRESENTED BY HER LEGAL REPRESENTATIVES APPELLANTS NO. 1 TO 3 HEREIN AND RESPONDENTS NO.1, 3 AND 4 HEREIN) - 6 - HC-KAR NC: 2026:KHC:23089 RSA No. 2063 of 2016 C/W RSA No. 2064 of 2016 5. SMT. KODIRA NIMMY APPACHU W/O KODIRA U APPACHU, AGED ABOUT 75 (NOW 77) YEARS R/AT BISON FIELD ESTATE, VIRAJPET TALUK SIDDAPUR - 571 253 VIRAJPET TALUK, KODAGU DISTRICT. ...RESPONDENTS (BY SRI. LAKSHMISH G., ADVOCATE FOR R3 AND R4 R1 AND R2 DELETED VIDE ORDER DATED 24.04.2026) THIS RSA IS FILED UNDER SEC.100 READ WITH ORDER XLII RLES 1 AND 2 OF THE CPC., AGAINST THE JUDGMENT AND DECREE DATED 30.08.2016 PASSED IN RA.NO.7/2014 ON THE FILE OF THE I ADDL. DISTRICT JUDGE, KODAGU, MADIKERI, IS ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGMENT AND DECREE DATED 28.08.2013 PASSED IN OS.NO.44/2008 ON THE FILE OF THE SENIOR CIVIL JUDGE, MADIKERI TRIAL COURT DECREED THE SUIT. THESE APPEALS, COMING ON FOR HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH - 7 - HC-KAR NC: 2026:KHC:23089 RSA No. 2063 of 2016 C/W RSA No. 2064 of 2016 ORAL JUDGMENT The parties are present before the Court and they are represented by their counsel. 2. These appeals are filed by the plaintiff assailing the judgment and decree dated 30.08.2016 passed in Regular Appeal No.6/2014 and Regular Appeal No.7/2014 on the file of I Addl. District Judge, Kodagu, Madikeri, allowing the appeals and setting aside the judgment and decree dated 28.08.2013 in O.S.No.44/2008 on the file of Sr.Civil judge, Madikeri, decreeing the suit of the plaintiff holding that the plaintiffs are entitled to 1/5th share in the 'A' schedule property. The Defendant Nos.1 to 4 were directed to effect partition in terms of the decree. 3. It is submitted by the parties present before the Court that, the parties have entered into compromise and accordingly the Compromise Petition is filed under Order 23 Rule 3 of CPC, 1908. It is submitted that the parties are entering into the Compromise Petition voluntarily and there is no undue influence or fraud. Accordingly the Compromise Petition is accepted and - 8 - HC-KAR NC: 2026:KHC:23089 RSA No. 2063 of 2016 C/W RSA No. 2064 of 2016 the judgment and decree passed by the Courts below is modified in terms of the Compromise Petition filed before this Court. SD/- (E.S.INDIRESH) JUDGE SNB List No.: 2 Sl No.: 60