- 1 - HC-KAR NC: 2026:KHC:8764-DB RFA No. 1280 of 2015 C/W RFA No. 1281 of 2015 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF FEBRUARY, 2026 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MR. JUSTICE S RACHAIAH REGULAR FIRST APPEAL NO. 1280 OF 2015 (PAR) C/W REGULAR FIRST APPEAL NO. 1281 OF 2015 (PAR) IN RFA No. 1280/2015 BETWEEN: 1. SMT. ANNAPOORNA AGED ABOUT 39 YEARS, W/O LATE MUNE GOWDA, 2. TEJAS AGED ABOUT 20 YEARS, S/O LATE MUNE GOWDA, 3. SHREYAS AGED ABOUT 18 YEARS, S/O LATE MUNE GOWDA, ALL ARE RESIDENTS OF THARAHUNASE VILLAGE, JALA HOBLI, BANGALORE NORTH TALUK, BANGALORE – 562 157. …APPELLANTS (BY SRI. C M NAGABUSHANA, ADVOCATE) Digitally signed by SREEDHARAN BANGALORE SUSHMA LAKSHMI Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:8764-DB RFA No. 1280 of 2015 C/W RFA No. 1281 of 2015 AND: 1. SMT. NANJAMMA AGED ABOUT 73 YEARS, W/O LATE THAMMANNAPPA, R/AT THARAHUNASE VILLAGE, JALA HOBLI, BANGALORE NORTH TALUK, BANGALORE – 562 157. 2. SMT. PARVATHAMMA AGED ABOUT 46 YEARS, D/O LATE THAMMANNAPPA, W/O JAYARAMAIAH, R/AT MYLANAHALLI VILLAGE, JALA HOBLI, BANGALORE NORTH TALUK, BANGALORE – 562 150. 3. SMT. LATHA AGED ABOUT 37 YEARS, D/O LATE THAMMANNAPPA, W/O SHIVA MURTHY, R/AT CHOGONDAHALLI VILLAGE, THUBAGERE HOBLI, DODDABALLAPUR TALUK – 561 203. 4. SMT. MANJULA AGED ABOUT 35 YEARS, D/O LATE THAMMANNAPPA, W/O DEVARAJ R/AT THARAHUNASE VILLAGE, JALA HOBLI, BANGALORE NORTH TALUK, BANGALORE – 562 157. …RESPONDENTS (BY SRI. JAYACHANDRA REDDY, ADVOCATE FOR SRI. V. CHANDRAPPA, ADVOCATE FOR R2-R4; R1 WAS DEAD ON 5-1-23) - 3 - HC-KAR NC: 2026:KHC:8764-DB RFA No. 1280 of 2015 C/W RFA No. 1281 of 2015 THIS RFA IS FILED UNDER SEC.96 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 01.07.2015 PASSED IN O.S NO.1092/2007 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC., DEVANAHALLI AND ETC., IN RFA NO. 1281/2015 BETWEEN: 1. SMT. ANNAPOORNA AGED ABOUT 39 YEARS, W/O LATE MUNE GOWDA, 2. TEJAS AGED ABOUT 20 YEARS, S/O LATE MUNE GOWDA, 3. SHREYAS AGED ABOUT 18 YEARS, S/O LATE MUNE GOWDA ALL ARE RESIDENTS OF THARAHUNASE VILLAGE, JALA HOBLI, BANGALORE NORTH TALUK, BANGALORE – 562 157. ...APPELLANTS (BY SRI. C M NAGABUSHANA, ADVOCATE) AND: 1. SMT. NANJAMMA AGED ABOUT 73 YEARS, W/O. LATE THAMMANNAPPA, R/AT THARAHUNASE VILLAGE, JALA HOBLI, BANGALORE NORTH TALUK BANGALORE – 562 157. - 4 - HC-KAR NC: 2026:KHC:8764-DB RFA No. 1280 of 2015 C/W RFA No. 1281 of 2015 2. SMT. PARVATHAMMA AGED ABOUT 46 YEARS, D/O LATE THAMMANNAPPA W/O JAYARAMAIAH, R/AT MYLANAHALLI VILLAGE, JALA HOBLI, BANGALORE NORTH TALUK, BANGALORE – 562 150. 3. SMT. LATHA AGED ABOUT 37 YEARS, D/O LATE THAMMANNAPPA, W/O SHIVA MURTHY, R/AT CHOGONDAHALLI VILLAGE, THUBAGERE HOBLI, DODDABALLAPUR TALUK – 561 203. 4. SMT. MANJULA AGED ABOUT 35 YEARS, D/O LATE THAMMANNAPPA, W/O DEVARAJ, R/AT THARAHUNASE VILLAGE, JALA HOBLI, BANGALORE NORTH TALUK, BANGALORE – 562 157. ...RESPONDENTS (BY SRI. SHASHIKALA N, ADVOCATE FOR R2-R4; R1 WAS DEAD ON 5-1-23) THIS RFA IS FILED UNDER SEC.96 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 01.07.2015 PASSED IN O.S NO.1092/2007 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC., DEVANAHALLI AND ETC., THESE APPEALS, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE D K SINGH and HON'BLE MR. JUSTICE S RACHAIAH - 5 - HC-KAR NC: 2026:KHC:8764-DB RFA No. 1280 of 2015 C/W RFA No. 1281 of 2015 ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE D K SINGH) These two appeals have been filed by the appellants / defendant Nos.2 to 4, impugning the judgment and decree dated 01.07.2015 passed by the learned Senior Civil Judge & J.M.F.C., Devanahalli, in O.S.No.1092/2007 instituted by the respondent Nos.2 to 4 / plaintiffs. 2. The suit filed by the respondent Nos.2 to 4 / plaintiffs and counter claim of the appellants / defendant Nos.2 to 4 came to decreed in part. 3. The parties have settled the dispute amicably before this Court and have entered into terms of compromise which has been signed by the appellants and the respondent Nos.2 to 4. Respondent No.1, since deceased, is represented by her legal heirs - respondent Nos.2 to 4. 4. The terms of compromise as mentioned in application under Order XXIII Rule 3 of the Code of Civil Procedure read as under:- - 6 - HC-KAR NC: 2026:KHC:8764-DB RFA No. 1280 of 2015 C/W RFA No. 1281 of 2015 “COMPROMISE PETITION UNDER ORDER XXII RULE 3 OF THE CODE OF CIVIL PROCEDURE: The Appellants and Respondents herein jointly submit as hereunder: 01. It is submitted that, at the intervention of well wishers, elders, relatives and family friends, the appellants and the respondents have settled the matter amicably; so as to put an end for further litigation and terms of the Compromise petition are clearly set down as hereunder. 02. The respondents have filed a suit against the appellants seeking for partition and separate possession for 1/5th share each in respect of the ancestral and joint family properties before the 1st Senior Civil Judge and JMFC at Devanahalli in O.S.No.1092/2007. After contest, the said suit came to be decreed by its judgment and decree dated 01.07.2015. 03. Aggrieved by the said judgment and decree passed in O.S No.1092/2007, the appellants have preferred the above appeal. The appellants and respondents have settled the dispute among themselves and they have agreed to take their shares and which are clearly described as "A" schedule is allotted to the share of the 2nd respondent namely Parvathamma, "B" schedule is allotted to the share of the 3rd respondent namely Latha, "C" schedule is allotted to the share of 4th respondent namely Manjula and "D" schedule is allotted to the share of appellants namely Annapoorna, Tejas and Shreyas. 04. The appellants and the respondents have conceded that they have no objection to obtain the revenue entries/records in their names as per their respective shares allotted to the parties. "A" SCHEDULE PROPERTIES ALLOTTED TO THE SHARE OF THE 2ND RESPONDENT - SMT. PARVATHAMMA - 7 - HC-KAR NC: 2026:KHC:8764-DB RFA No. 1280 of 2015 C/W RFA No. 1281 of 2015 Item No.1 All that part and parcel of property bearing Sy.No.20/1 measuring 3 ¼ guntas out of 10 guntas situated at, Tarahunase village, Jala Hobli, Bangalore North Taluk presently Yelahanka Taluk bounded on: East by : "B" Schedule property allotted to the share of Latha West by : Subbaiah's property North by : "B" Schedule property allotted to the share of Latha South by : E.Jayamma's property Item No.2 All that part and parcel of property bearing Sy.No.20/2 measuring 1 acre 5 guntas out of 3 acres 20 guntas situated at, Tarahunase village, Jala Hobli, Bangalore North Taluk presently Yelahanka Taluk bounded on: East by : Road West by : E.Jayamma's property North by : "B" Schedule property allotted to the share of Latha South by : Sy.No.23/2, 24/5 and Sy.No.24/2 Item No.3 All that part and parcel of property bearing Sy.No.225 measuring 26 ¼ guntas out of 2 acres situated at, Tarahunase village, Jala Hobli, Bangalore North Taluk presently Yelahanka Taluk bounded on: East by : Muniyappa's property West by : T.C.Patalappa's property North by : "B" Schedule property allotted to the share of Latha South by : Sy.No.87 T.S.Devaraju - 8 - HC-KAR NC: 2026:KHC:8764-DB RFA No. 1280 of 2015 C/W RFA No. 1281 of 2015 Item No.4 All that part and parcel of property bearing Sy.No.103/3, Sy.No.103/4 and Sy.No.103/5 measuring 10 ¾ guntas out of 32 guntas situated at, Tarahunase village, Jala Hobli, Bangalore North Taluk presently Yelahanka Taluk bounded on: East by : Kakodu Kempanna's property West by : C.Narayanappa's Brother's property North by : "B" Schedule property allotted to the share of Latha South by : Lakshmaiah's property "B" SCHEDULE PROPERTIES ALLOTTED TO THE SHARE OF THE 3RD RESPONDENT - SMT. LATHA Item No.1 All that part and parcel of property bearing Sy.No.20/1 measuring 3 ½ guntas out of 10 guntas situated at, Tarahunase village, Jala Hobli, Bangalore North Taluk presently Yelahanka Taluk bounded on: East by : "B" Schedule property allotted to the share of Latha West by : Subbalah's property North by : "C" Schedule property allotted to the share of Manjula South by : "A" Schedule property allotted to the share of Parvathamma Item No.2 All that part and parcel of property bearing Sy.No.20/2 measuring 1 acre 5 guntas out of 3 acres 20 guntas - 9 - HC-KAR NC: 2026:KHC:8764-DB RFA No. 1280 of 2015 C/W RFA No. 1281 of 2015 situated at, Tarahunase village, Jala Hobli, Bangalore North Taluk presently Yelahanka Taluk bounded on: East by : Road West by : Sy.No.20/1 North by : "C" Schedule property allotted to the share of Manjula South by : "A" Schedule property allotted to the share of Parvathamma Item No.3 All that part and parcel of property bearing Sy.No.225 measuring 26 ¼ guntas out of 2 acres situated at, Tarahunase village, Jala Hobli, Bangalore North Taluk presently Yelahanka Taluk bounded on: East by : Muniyappa's property West by : T.C.Patalappa's property North by : "C" Schedule property allotted to the share of Manjula South by : "A" Schedule property allotted to the share of Parvathamma Item No.4 All that part and parcel of property bearing Sy.No.103/3, Sy.No.103/4 and Sy.No.103/5 measuring 10 ¾ guntas out of 32 guntas situated at, Tarahunase village, Jala Hobli, Bangalore North Taluk presently Yelahanka Taluk bounded on: East by : Kakodu Kempanna's property West by : C. Narayanappa's Brother's property North by : "C" Schedule property allotted to the share of Manjula - 10 - HC-KAR NC: 2026:KHC:8764-DB RFA No. 1280 of 2015 C/W RFA No. 1281 of 2015 South by : "A" Schedule property allotted to the share of Parvathamma "C" SCHEDULE PROPERTIES ALLOTTED TO THE SHARE OF THE 4TH RESPONDENT-SMT. MANJULA Item No.1 All that part and parcel of property bearing Sy.No.20/1 measuring 3 ¼ guntas out of 10 guntas situated at, Tarahunase village, Jala Hobli, Bangalore North Taluk presently Yelahanka Taluk bounded on: East by : "B" Schedule property allotted to the share of Latha West by : Subbaiah's property North by : Shantamma's property South by : "B" Schedule property allotted to the share of Latha Item No.2 All that part and parcel of property bearing Sy.No.20/2 measuring 1 acre 5 guntas out of 3 acres 20 guntas situated at, Tarahunase village, Jala Hobli, Bangalore North Taluk presently Yelahanka Taluk bounded on: East by : Road West by : Shanthamma's property North by : Sy.No.87 South by : "B" Schedule property allotted to the share of Latha Item No.3 All that part and parcel of property bearing Sy.No.225 measuring 26 ½ guntas out of 2 acres situated at, - 11 - HC-KAR NC: 2026:KHC:8764-DB RFA No. 1280 of 2015 C/W RFA No. 1281 of 2015 Tarahunase village, Jala Hobli, Bangalore North Taluk presently Yelahanka Taluk bounded on: East by : Muniyappa's property West by : T.C.Patalappa's property North by : Sy.No.87 South by : "B" Schedule property allotted to the share of Latha Item No.4 All that part and parcel of property bearing Sy.No.103/3, Sy.No.103/4 and Sy.No.103/5 measuring 10 ½ guntas out of 32 guntas situated at, Tarahunase village, Jala Hobli, Bangalore North Taluk presently Yelahanka Taluk bounded on: East by : Kakodu Kempanna's property West by : C.Narayanappa's Brother's property North by : T.K.Muniyappa's property South by : "B" Schedule property allotted to the share of Latha "D" SCHEDULE PROPERTIES ALLOTTED TO THE SHARE OF THE APPELLANTS - ANNAPOORNA, TEJAS AND SHREYAS Item No.1: All that part and parcel of the property bearing Sy.No.113/7 measuring 0-31, 1½ guntas, situated at Tarahunase village, Jala Hobli, Bangalore North Taluk presently Yelahanka Taluk bounded on: East by : Patalappa Rathnamma's property West by : Pillappa's property - 12 - HC-KAR NC: 2026:KHC:8764-DB RFA No. 1280 of 2015 C/W RFA No. 1281 of 2015 North by : T.P.Patalappa's property South by : T.S. Gopalkrishna's property Item No.2 All that part and parcel of the property bearing Sy.No.125/1 measuring 0-15 guntas, situated at Tharahunase Village Jala Hobli, Bangalore North Taluk bounded on - East by : Basamma's property West by : Sanjeevappa's property North by : Sanjeevappa's property South by : T.C.Patalappa's property Item No.3: All that part and parcel of the property bearing Sy.No.141/2 measuring 0-27, 1/2 guntas and Sy.No.141/1 measuring 31, 1/2 guntas, totally measuring 1-19 guntas, both are situated at Tharahunase Village Jala Hobli, Bangalore North Taluk bounded on East by : Maradi Estate West by : Rathnamma's property North by : T.C.Patalappa's property South by : Sanjeevappa's property Item No.4 All that part and parcel of the property bearing Sy.No.221 measuring 2-23 guntas, situated at Tharahunase Village, Jala Hobli, Bangalore North Taluk, bounded on East by : Dhobi Chikka Patalappa's property - 13 - HC-KAR NC: 2026:KHC:8764-DB RFA No. 1280 of 2015 C/W RFA No. 1281 of 2015 West by : Government Oni North by : Sanjeevappa's property South by : Gramatana and Oni Item No.5 All that part and parcel of the property bearing Sy.No.105/1 measuring 0-08 guntas, situated at Tharahunase Village, Jala Hobli, Bangalore North Taluk bounded on - East by : T.K.Muniyappa's property West by : Road in front of the house North by : T.C.Patalappa's property South by : T.S.Nagaraja Rao and E.Sanjeevappa's property Item No.6 All that part and parcel of the property bearing Sy.No.177/9 measuring (0-05 guntas, situated at Tharahunase Village Jala Hobli, Bangalore North Taluk bounded on - East by : T.C.Patalappa's property West by : Sanjeevappa's property North by : Government Road South by : Jayamma's property Item No.7 The House property bearing Khaneshumari No.87, measuring East to West 22, 1/2 ft. and North to South 55 ft. and North to South 55 ft. Stone roofed house and including sheet house - 14 - HC-KAR NC: 2026:KHC:8764-DB RFA No. 1280 of 2015 C/W RFA No. 1281 of 2015 on the southern side, situated at Tharahunase Village, Jala Hobli, Bangalore North Taluk, bounded on- East by : Vacant place belongs to T.Mune Gowda West by : T.P.Jagadish and sheet house belongs to T.Mune Gowda and vacant place North by : Common passage South by : E.Sanjeevappa's property Item No.08 The House property bearing Khaneshumari No.87 (sheet house), measuring East to West 10 ft. and North to South 6 ft., situated at Tharahunase Village, Jala Hobli, Bangalore North Taluk, bounded on- East by : Mune Gowda's stone roofed house West by : Angala North by : Passage leads to Angala South by : T.P.Jagadish's Sheet house Item No.9 The vacant place in front of the house, measuring East to West 5 ft., and North to South 55 ft., situated at Tharahunase Village, Jala Hobli, Bangalore North Taluk, bounded on- East by : Road West by : T.Mune Gowda's stone roofed house North by : vacant place in front of the house belongs to T.C.Patalappa - 15 - HC-KAR NC: 2026:KHC:8764-DB RFA No. 1280 of 2015 C/W RFA No. 1281 of 2015 South by : E.Sanjeevappa's property Item No.10 The Gramatana House property bearing Khaneshumari No.37/37, measuring East to West 26,1/2 ft. and North to South 11 ft., situated at Rajanukunte Village, Jala Hobli, Bangalore North Taluk, bounded on- East by : Road West by : T.K.Muniyappa's house North by : Vacant place belongs to Mune Gowda, Mariyanna's shop and dwelling house. South by : Sanjeevappa and T.K.Muniyappa's Shop and dwelling house. 05. The appellants and the respondents have agreed that, the property bearing 20/2 measuring 5 guntas situated at Tarahunase Village, Jala Hobli, Bangalore North Taluk presently Yelahanka Taluk, bounded on East by - Road, West by - Manjula's 'C' Schedule, North by Kunte and South by Manjula 'C's Schedule is jointly allotted to the share of Parvathamma, Latha and Manjula. 06. The appellants and the respondents have agreed to sell the property bearing Sy.No.113 measuring 0-09 guntas, Sy.No.117/1 and Sy. No. 117/2, totally measuring 1-20 guntas and all are situated at Kuduregére Village, Jala Hobli, Bangalore North Taluk in favour of the purchasers and out of the said sale consideration each of the parties are entitled to equal share. 07. The appellants and the respondents have entered into the compromise with their own will and volition and without any compulsion, pressure, coercion, force or undue influence. - 16 - HC-KAR NC: 2026:KHC:8764-DB RFA No. 1280 of 2015 C/W RFA No. 1281 of 2015 WHEREFORE, the appellants and the respondents respectfully pray that this Hon'ble court, kindly to accept and record this compromise petition and to dispose of the appeal in terms of the compromise petition, in the interest of justice and equity.” 5. In view of the settlement arrived between the parties, we dispose of both the appeals. Let the decree be drawn in terms of the compromise. Pending applications, if any, do not survive for consideration and the same are disposed of. Sd/- (D K SINGH) JUDGE Sd/- (S RACHAIAH) JUDGE BSS List No.: 2 Sl No.: 6