[Cites 1, Cited by 0]
Karnataka High Court
Sri H R Krishnamurthy Hegde vs Smt. Bhagya on 6 April, 2026
-1-
NC: 2026:KHC:18385-DB
RFA No. 508 of 2019
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 6TH DAY OF APRIL, 2026
PRESENT
THE HON'BLE MRS. JUSTICE ANU SIVARAMAN
AND
THE HON'BLE MS. JUSTICE TARA VITASTA GANJU
REGULAR FIRST APPEAL NO. 508 OF 2019 (SP)
BETWEEN:
SRI. H.R.KRISHNAMURTHY HEGDE
AGED ABOUT 53 YEARS,
S/O. H.T.RAMAPPA HEDGE,
R/AT BHARATHI BEEDI, SRINGERI TOWN,
SRINGERI TALUK-577 139,
CHIKKAMAGALURU DISTRICT.
...APPELLANT
(BY SRI. A.RAVISHANKAR., ADVOCATE)
AND:
1. SMT. BHAGYA
Digitally signed
by SUMATHY W/O. H.C.VEERAPPA GOWDA,
KANNAN R/AT SHANBAVI NILAYA,
Location: HIGH SACHIDANANDAPURA,
COURT OF SRINGERI VILLAGE,
KARNATAKA SRINGERI TALUK-577 139,
BENGALURU
CHIKKAMAGALURU DISTRICT.
AND ALSO AT :
J.C.B.M.COLLEGE QUARTERS,
SRINGERI TALUK-577 139.
REPRESENTED BY HER GPA HOLDER,
SRI. H.S.GANESH,
AGED ABOUT 43 YEARS,
S/O. SHANKARAPPA GOWDA,
R/AT THYAVANA,
-2-
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RFA No. 508 of 2019
HC-KAR
VIDYARANYAPURA VILLAGE,
SRINGERI TALUK-577 139.
CHIKKAMAGALURU DISTRICT.
2. SRI. AYUB BEIG
AGED ABOUT 56 YEARS,
S/O. AMANULLA KHAN @ ANWAR BEIG,
R/AT BHARATHI BEEDI,
SRINGERI TOWN,
SRINGERI TALUK-577 139.
CHIKKAMAGALURU DISTRICT.
...RESPONDENTS
(BY SRI. SHAMANNA.B.H., ADVOCATE FOR C/R1;
R2-APPEAL AGAINST DISMISSED AS NOT PRESSED)
THIS RFA IS FILED U/S.96 OF CPC 1908, AGAINST THE
JUDGMENT AND DECREE DATED 21.12.2018 PASSED IN
OS.NO.9/2018 (OS NO.13/2011) ON THE FILE OF THE SENIOR
CIVIL JUDGE AND JMFC, N.R.PURA ITINERATE AT KOPPA
DECREEING THE SUIT FOR SPECIFIC PERFORMANCE.
THIS APPEAL, COMING ON FOR REPORTING
SETTLEMENT, THIS DAY, JUDGMENT WAS DELIVERED THEREIN
AS UNDER:
CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN
&
HON'BLE MS. JUSTICE TARA VITASTA GANJU
ORAL JUDGMENT
(PER: HON'BLE MRS. JUSTICE ANU SIVARAMAN)
This appeal is filed against the judgment and decree in
O.S. No.9/2018.
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HC-KAR
2. We have heard Shri A Ravishankar, learned counsel
appearing for the appellant and Shri Shamanna B H, learned
counsel appearing for the caveator/respondent No.1.
3. The learned counsel appearing for the appellant
submits that the matter is compromised between the parties.
A memo is also placed on record seeking to dismiss the appeal
as against respondent No.2 as not pressed, in view of the
compromise entered into between the appellant and
respondent No.1.
4. The memo is taken on record.
5. The appeal is dismissed as against respondent
No.2.
6. The agreement entered into between the appellant
and the respondent No.1 is taken on record. The agreement
states as follows:-
"8. As per the advise of this Hon'ble Court, advise of the
friends and well-wishers, the 2nd Defendant / Appellant
herein and the Plaintiff / 1s Respondent have
compromised their dispute, under the following terms and
conditions:
i) The Plaintiff and the 2nd Defendant agree that the total
extent of property conveyed in favour of the 2nd
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Defendant is 28 guntas in Sy.No.50 and 20 guntas in
Sy.No.51 of Sringeri Village, Sringeri Taluk, Chikmagalur
District, under the sale deed dated 6.1.2011, which is also
the same land agreed to be conveyed under the
Agreement of Sale Deed dated 29.7.2010 executed by the
1 Defendant Ayub Baig S/o.Amanulla in favour of Smt.
Bhagya, the Plaintiff.
ii) The Plaintiff / 1 Respondent has agreed to accept
conveyance of 14% guntas in Sy.No.50 and 13 ½ guntas
in Sy.No.51 of Sringeri Village, Sringeri Taluk,
Chikmagalur District, to be conveyed by the 2nd
Defendant / Appellant, indicated as Block-A in the
accompanying Rough Sketch and shown in yellow colour
in the rough sketch annexed to this compromise petition
and bounded by:
East : Lands in Sy. No. 53,
West : Stream,
North : Lands in Sy. Nos. 47, 48, 52
South : Lands in Sy. Nos. 50, & 51.
iii) The Appellant / 2nd Defendant Sri H.R.Krishnamurthy
Hegde has agreed to retain an extent of 13 ½ guntas in
Sy.No 50 and 6 guntas in Sy.No.51 of Sringeri Village,
Sringeri Taluk, Chikmagalur District, indicated as Block-B
in the accompanying Rough Sketch and shown in green
colour in the rough sketch annexed to this compromise
petition and bounded by:
West: Stream,
North: Lands in Sy. No. 50 & 51,
South: Lands in Sy. No.54
Thus, an extent of 28 guntas would fall to the share of the
Plaintiff / Smt.Bhagya and an extent of 20 guntas would
fall to the share of the 2nd Defendant / Appellant herein
Sri H.R. Krishnamurthy Hegde, in the suit schedule
property as more clearly and specifically shown in the
Rough Sketch.
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iv) The Appellant has agreed that he owns a portion of
property in Sy.No.54, adjoining to Sy.No.50 and 51, which
is alienated portion of land and also adjoining to the
existing National Highway - NH 169. There exists a 6
meter wide buffer area wherein the Appellant herein has
agreed to form a 6 meter wide kaccha road and continue
the said road through Sy.No.50 and leave the said road till
the property of the Plaintiff/1st Respondent herein for their
movement in Sy. No. 50.
v) The Appellant/2nd Defendant undertakes to change the
buffer area into road and handover the road area for road
access to the Grama Panchayath if permissible v)
vi) The 1st Respondent/Plaintiff agrees to get the sale
deed registered in her favour in terms of this settlement
in respect of Block-A area, as clearly shown in the
accompanying Rough Sketch, within three months from
the date of acceptance of compromise petition by this
Hon'ble Court, at her own cost.
vii) The Appellant/2nd Defendant agrees to secure 11-E
Sketch with respect to Block-A area, proposed to be
conveyed in favour of the Plaintiff /1st Respondent herein,
to enable conveyance of the property in favour of the 1st
Respondent.
viii) The Appellant/2nd Defendant and the Plaintiff/1st
Respondent are put in to possession of their respective
areas as shown in the Rough Sketch and in terms of this
compromise petition.
ix) The parties shall bear costs of this litigation."
7. The parties are present before the Court and are
duly identified by their respective counsel. A sketch is also
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appended to the agreement which is also duly signed by the
parties and their counsel.
8. In the above view of the matter, the appeal is
disposed of in terms of the agreement arrived at between the
parties.
9. A decree shall be drawn in terms of the agreement
arrived at.
10. Eligible Court fee shall be refunded electronically to
the appellant after proper identification by the registry. The
amount of Rs.3,00,000/- (Rupees Three Lakh only) which is
deposited by the appellant before this Court on 13.12.2019
shall also be refunded to the appellant electronically.
Sd/-
(ANU SIVARAMAN)
JUDGE
Sd/-
(TARA VITASTA GANJU)
JUDGE
YKL
List No.: 1 Sl No.: 40
