- 1 - HC-KAR NC: 2026:KHC:19796 MFA No. 4673 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA MISCELLANEOUS FIRST APPEAL NO.4673 OF 2023 (CPC) BETWEEN: 1. SMT. ARUNADHATHI SHARMA W/O LATE O.P. SHARMA, AGED ABOUT 93 YEARS, R/AT NO.661, 1ST MAIN, 1ST CROSS, DEFENCE COLONY, INDIRANAGAR, BENGALURU-560038. (SINCE DEAD ON 13.04.2025, REPRESENTED BY LEGAL REPRESENTATIVES APPELLANT NOS.2, 3 AND THE RESPONDENT HEREIN) 2. SRI N.K. KASHYAP S/O LATE O.P. SHARMA, AGED ABOUT 64 YEARS, R/AT NO.661, 1ST MAIN, 1ST CROSS, DEFENCE COLONY, INDIRANAGAR, BENGALURU-560038. 3. SMT. GEETHA ANEJA S/O LATE O.P. SHARMA, AGED ABOUT 57 YEARS, R/AT NO.B-618, ARISTOCRAT APARTMENT, BENGALURU-560043. …APPELLANTS (BY SMT. MEGHANA, ADVOCATE FOR SRI VIVEK HOLLA, ADVOCATE) Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:19796 MFA No. 4673 of 2023 AND: SRI H.K. KASHYAP S/O LATE O.P. SHARMA, AGED ABOUT 68 YEARS, R/AT NO.125, SECTOR 29, NOIDA, UTTAR PRADESH-301. REPRESENTED BY ITS GPA HOLDER SRI V.N. MOHAN. …RESPONDENT (BY SRI NAGENDRA KUMAR, ADVOCATE) THIS MFA IS FILED UNDER ORDER 43 RULE 1(d) R/W SECTION 151 OF CPC., AGAINST THE ORDER DATED 01.04.2023 PASSED IN MISC.NO.670/2022 ON THE FILE OF THE 17TH ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, CCH-16, BENGALURU, DISMISSING THE PETITION FILED UNDER ORDER 9 RULE 13 OF CPC. THIS APPEAL COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE K.S. HEMALEKHA ORAL JUDGMENT The memorandum of compromise is filed. 2. Appellant No.2, the general power of attorney (GPA) holder of appellant No.3, and the GPA holder of the respondent along with their respective counsels have signed the memorandum of compromise. - 3 - HC-KAR NC: 2026:KHC:19796 MFA No. 4673 of 2023 3. Appellant No.2 and GPA holder of the respondent are present before the Court and they are duly identified by their respective counsels. 4. The terms of the compromise reads as under: “SETTLEMENT TERMS 8. The parties hereby confirm that the terms of Memorandum of Understanding entered into the parties on 18.08.2020 is valid and binding on all the parties. 9. The Respondent agrees, confirms and declares that he has no claims, entitlements, interests and rights pursuant to or arising under or in relation to the Schedule Properties and confirm that the schedule properties are the self-acquired properties of Appellant No.2. 10. The parties further confirm, declare and undertake that they have no objection in setting aside the Judgement and decree dated 29.03.2022 in O.S No.3603/2010 before the Hon'ble Court of XVII Additional City Civil and Sessions Judge (CCH-16) Bengaluru as not binding on the parties in terms of the settlement entered herein. - 4 - HC-KAR NC: 2026:KHC:19796 MFA No. 4673 of 2023 11. The Parties further confirm, declare and undertake that they have no objection in setting aside the Judgement and decree dated 1.04.2023 Miscellaneous Petition No.670/2022 before the Hon'ble XVII Additional City Civil and Sessions Judge (CCH-16) as not binding on the parties in terms of the settlement entered herein. 12. The parties represent and warrant that each of them have the full power and authority to execute the present Compromise Petition on behalf of himself / herself and to perform their respective obligations under the present Compromise Petition. 13. The present Compromise Petition is and will be binding on and enforceable against each of the Appellant and the Respondent accordance with its terms. 14. The parties agree, confirm and declare that the present Compromise Petition is being entered into, in good faith, in full and final settlement of any and all claims and disputes (past, present and future) between them. The Appellant and the Respondent agree, confirm and declare that e present Compromise Petition is entered into out of the free will and volition of - 5 - HC-KAR NC: 2026:KHC:19796 MFA No. 4673 of 2023 the parties, and without any coercion, or undue influence, and after all the parties have sought and received advice from the respective legal counsels. WHEREFORE this Hon'ble High Court be pleased to accept the present Compromise Petition on record and dispose of the M.F.A 4673/2023 in terms thereof and that this Hon'ble court may set aside the Judgement and decree dated 29.03.2022 in O.S.No.3603/2010 before the Hon'ble Court of XVII Additional City Civil and Sessions Judge (CCH-16), and also set aside the Judgement and decree dated 1.04.2023 in Miscellaneous Petition No.670/2022 before the Hon'ble XVII Additional City Civil and Sessions Judge (CCH-16) and dispose of the above M.F.A. 4673/2023 in terms of the present Compromise Petition, in the interests of justice and equity.” 5. The parties have agreed to set aside the judgment and decree dated 29.03.2022 in O.S.No.3603/2010 and the judgment dated 01.04.2023 in Miscellaneous Petition No.670/2022. The compromise petition is taken on record. - 6 - HC-KAR NC: 2026:KHC:19796 MFA No. 4673 of 2023 The miscellaneous first appeal stands disposed of in terms of the compromise petition. Sd/- ____________________ JUSTICE K.S. HEMALEKHA AT List No.: 1 Sl No.: 23