Karnataka High Court
Sri. Basavaraju N vs Sri. M.B.Mahadevaiah on 21 July, 2025
Author: H.P.Sandesh
Bench: H.P.Sandesh
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RSA No. 636 of 2024
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 21ST DAY OF JULY, 2025
BEFORE
THE HON'BLE MR. JUSTICE H.P.SANDESH
REGULAR SECOND APPEAL NO.636 OF 2024 (DEC/PAR)
BETWEEN:
1. SRI. BASAVARAJU N.,
S/O LATE NAGAIAH
AGED ABOUT 54 YEARS
R/AT NO.2376/A, NEW NO.CH 18/1
4TH CROSS, KANTARAJ URS ROAD
K.G.KOPPALU, CHAMARAJA MOHALLA
MYSURU-570 023.
...APPELLANT
(BY SRI. KALYAN R., ADVOCATE)
AND:
SRI. M.B.MAHADEVAIAH
SINCE DEAD BY LRS.
Digitally signed
by DEVIKA M
1. SMT. M.KALPANA
Location: HIGH W/O M.T.MANJUNATHA
COURT OF
KARNATAKA D/O LATE M.B. MAHADEVAIAH
AGED ABOUT 59 YEARS
R/AT NO.8, NEW KANTHARAJ URS ROAD
NIVEDITANAGAR
MYSURU - 570 022.
2. MADHUKAR
S/O LATE M.B. MAHADEVAIAH
AGED ABOUT 57 YEARS
R/AT NO.116, 7TH CROSS
CHBS LAYOUT, VIJAYANAGAR
BENGALURU - 560 040.
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3. SMT. CHIKKABORAMMA @ THAYAMMA
W/O LATE M.B.SIDDALINGAIAH
AGED ABOUT 70 YEARS
4. MAHADEVA
S/O LATE M.B.SIDDALINGAIAH
AGED ABOUT 43 EYARS
5. JAGADISH
S/O LATE M.B.SIDDALINGAIAH
AGED ABOUT 51 YEARS
RESPONDENTS NO.1 TO R5 ARE
R/AT NO.2376, CH 18,
KANTHARAJ URS ROAD
K.G.KOPPALU, MYSURU-570 005.
M.B.KRISHNAPPA
SINCE DEAD BY LRS.
6. SMT. SHANTHAMMA
W/O LATE M.B. KRISHNAPPA
AGED ABOUT 68 YEARS
7. PALLAVI
D/O LATE M.B.KRISHNAPPA
AGED ABOUT 47 YEARS
BOTH R/AT NO.28,
BANK EMPLOYEE COLONY BOGADI
MYSURU-570 026.
PUTTALINGAMMA
SINCE DEAD,
REP. BY LRS D1(a) and 1(b)
8. SMT. ANNAPOORNAMMA
W/O LATE M.B.CHOWDAIAH
AGED ABOUT 66 YEARS
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9. C. MAHESH
S/O LATE M.B. CHOWDAIAH
AGED ABOUT 51 YEARS
10. SMT. B MADHUMATHI
D/O LATE M.B.CHOWDAIAH
AGED ABOUT 53 YEARS
RESPONDENTS NO.8 TO R10 ARE
ALL R/AT DP/MP/41
4TH MAIN, 7TH 'A' CROSS
RPC LAYOUT, VIJAYANAGAR
BENGALURU-560 040.
11. M.B.LAKSHMAMMA
W/O G. SHANKAR
AGED ABOUT 69 YEARS
R/AT NO.515, 11TH CROSS
WEST OF CHORD ROAD
2ND STAGE, 1ST BLOCK
RAJAJINAGAR
BENGALURU-560 010.
12. M.C.RAMESH
S/O M.B.CHOWDAIAH
AGED ABOUT 50 YEARS
R/AT DP/MP/41, 4TH MAIN
7TH 'A' CROSS, RPC LAYOUT
VIJAYANAGARA
BENGALURU-560 040.
...RESPONDENTS
(BY SRI. NAVEEN CHANDRA N., ADVOCATE FOR
R1 TO R3, R5 AND R11;
R4, R6 TO R10 ARE DELETED)
THIS RSA IS FILED UNDER SECTION 100 OF CPC,
AGAINST THE JUDGMENT AND DECREE DATED 15.12.2023
PASSED IN R.A.NO.538/2019 ON THE FILE OF THE VII
ADDITIONAL DISTRICT AND SESSIONS JUDGE, MYSURU,
DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT
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RSA No. 636 of 2024
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AND DECREE DATED 17.09.2019 PASSED IN O.S.NO.460/2004
ON THE FILE OF THE ADDITIONAL COURT OF SMALL CAUSES,
MYSURU AND ETC.
THIS APPEAL COMING ON FOR ORDERS THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE H.P.SANDESH
ORAL JUDGMENT
The appellant and respondent Nos.1 to 3, 5 and 11
have filed compromise petition under Order 23 Rule 3 of
CPC and all of them have signed the compromise petition.
2. The appellant and respondent Nos.1 to 3, 5 and
11 are present before the Court along with their respective
counsel.
3. In terms of the compromise, the respondents
hereby give up or relinquish their right, share and interest
in respect of the suit schedule property in favour of the
appellant herein by receiving money from the appellant as
follows:
a. The value of the share of respondent Nos.1
and 2 is arrived at Rs.50,000/- and the
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said amount is paid by way of two crossed
cheques drawn in favour of respondent
Nos.1 and 2 each Rs.25,000/-;
b. Respondent Nos.3 and 5 share is arrived at
Rs.30,000/- and the said sum of
Rs.30,000/- is paid by way of crossed
Cheque drawn in favour of respondent
Nos.3 and 5 that is Rs.15,000/- each by
way of two cheques;
c. The value of the share of respondent No.11
is arrived at Rs.25,000/- and the said
amount is paid by way of crossed Cheque.
4. In terms of the compromise, the share of
respondent Nos.1, 2, 3, 5 and 11 is fully settled as
mentioned above with respect of the schedule property
and respondents herein do hereby confirmed the
registered sale deed having received the above mentioned
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amount and also declared that there is no future claim
whatsoever in respect of the suit schedule property.
5. Parties have understood the contents of the
compromise and accepted the same. The compromise
petition is accepted.
6. This compromise is also in respect of respective
shares of respective respondents who have received the
consideration. Accordingly, this Regular Second Appeal is
disposed of in terms of the compromise.
7. In view of disposal of the main appeal, I.As. if
any, do not survive for consideration and the same stand
dismissed.
Sd/-
(H.P.SANDESH)
JUDGE
ST/SN
