IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 24^TH DAY OF MARCH, 2021

BEFORE

THE HON’BLE MR. JUSTICE NATARAJ RANGASWAMY

REGULAR SECOND APPEAL NO.2425 OF 2010

Between:

Sri Anjappa S/o late Venkateshappa

Aged about 44 years

R/o Mogilahalli Village

Kasaba Hobli

Srinivasapur Taluk – 563 135

Kolar District.

…. Appellant

(By Sri Murthy, Adv for

Sri J G Chandra Mohan, Advocate)

And:

1.

Sri Lakshmana Reddy S/o Venkataswamy

Aged about 39 years

R/o Mogilahalli Village

Kasaba Hobli

Srinivasapur Taluk – 563 135

Kolar District.

2.

Sri Narayanaswamy S/o Narayanagowda

Aged about 49 years

R/o Mogilahalli Village

Kasaba Hobli

Srinivasapur Taluk – 563 135

Kolar District.

... Respondents

(By Sri L Venkatarama Reddy, Advocate

R2-served)

This RSA is filed under Section 100 of CPC against

the judgment and decree dated 28.01.2010 passed in

R.A.No.274/2008 on the file of the I Additional Civil Judge

(Sr.Dn) and CJM, Kolar, dismissing the appeal and

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confirming the judgment and decree dated 1.9.2008

passed in O.S.No.152/2006 on the file of the Civil Judge

(Jr.Dn) Srinivaspur and etc.

This appeal coming on for orders this day, the Court

delivered the following:

J U D G M E N T

This appeal is filed by the unsuccessful plaintiff

challenging the judgment and decree passed by the

Trial Court and the First Appellate Court in

O.S.No.152/2006

as

well

as

RA.No.274/2008

respectively Both the Courts held that the plaintiff is

not entitled to the relief of declaration of title and

perpetual injunction in respect of the suit property.

2.

The plaintiff filed a suit for declaration of

title in respect of suit schedule property bearing

survey No.96/1 of Mogilahali Village, Kasaba Hobli,

Srinivaspura Taluk, the said suit was dismissed

which was confirmed in appeal by the First Appellate

Court. The parties have filed a compromise petition.

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3.

By

virtue

of

the

compromise

dated

22.02.2021, the defendants have admitted that the

plaintiff is full and absolute owner of the suit

schedule property. The relevant terms of the

compromise are extracted below:

“The above named appellant and respondents

most respectfully submits as follows:

I.

The

appellant

filed

the

suit

in

O.S.No.152/2006 in the trial Court seeking for

declaration and permanent injunction in respect

of suit schedule property, against the respondent

and

the

Civil

Judge

(Jr.Dn)

and

JMFC,

Srinivaspur dismissed the same by judgment and

decree dated 01.09.2008. The appeal preferred

against the same in R.A.No.274/2008 was

dismissed by the 1^st Additional Civil Judge

(Sr.Dn) and CJM, Kolar vide judgment and decree

dated

28.01.2010,

which

judgments

are

impugned in the above appeal.

II. The appellant and the respondents have

resolved their dispute as under due to the

intervention of elders and well-wishers.

III. 1. The respondents submit that they admit

and accept the appellant is the absolute owner in

possession and enjoyment of the land bearing

Sy.No.96/1 measuring 1 acre 24 guntas, situated

4

at Mogilahalli, Kasaba Hobli, Srinivasapura

Taluk, Kolar District, bounded on the East by :

land of Lakshmana Reddy (respondent-1); west

by : Kere angala ; North by : Oni ; and South by :

Subbareddy and Akkemma’s lands.

2.

The parties herein agree that they

shall not seek for formation of the road on each

other’s and. Further they have no objection for

formation of the road by the Government

Authorities as per the location in the village map

and Naksh”

4.

The parties are present before the Court

and identified by their respective counsel. Parties

have understood the terms of compromise. Since the

compromise entered into is just and proper and there

is nothing amiss, the same is accepted. The

impugned judgment and decree of the Courts below

in O.S.No.152/2006 as well as RA.No.274/2008 are

set