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2025 Supreme(Online)(Kar) 34305

THE HIGH COURT OF KARNATAKA
ANU SIVARAMAN AND VIJAYKUMAR A. PATIL
SRI. T RAJASHEKHARAIAH – Appellant
Versus
SMT. PUTTATHAYAMMA – Respondent
RFA 982/2023



IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF DECEMBER, 2025 PRESENT THE HON'BLE MRS. JUSTICE ANU SIVARAMAN AND THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL REGULAR FIRST APPEAL NO. 982 OF 2023 (RES)

BETWEEN:

SRI. T. RAJASHEKHARAIAH S/O LATE SRI THIPPAIAH AGED ABOUT 68 YEARS R/AT THARABANAHALLI CHIKKABANAVARA POST, HESARAGHATTA HOBLI BENGALURU NORTH TALUK - 560 088.

…APPELLANT (BY SRI. SHANKARE GOWDA V. N., ADVOCATE)

AND:

1. SMT. PUTTATHAYAMMA Digitally signed by W/O SRI BASAVARAJAPPA CHANNEGOWDA D/O LATE SRI THIPPAIAH PREMA Location: High AGED ABOUT 66 YEARS Court of R/AT KESTHUR VILLAGE Karnataka KORA HOBLI, TUMKUR TALUK AND DISTRICT - 572 138.

2. SMT MANGALAMMA W/O SRI BASAVARAJU D/O LATE SRI THIPPAIAH AGED ABOUT 61 YEARS R/O THORENAGASANDRA MARTHAHALLI POST, DASANAPURA HOBLI BENGALURU NORTH TALUK - 562 162.

3. SMT. SHARADAMMA W/O SRI ANJANAPPA D/O LATE SRI THIPPAIAH AGED ABOUT 59 YEARS R/O SHIVAKOTE @ POST, HESARAGHATTA HOBLI BENGALURU NORTH TALUK - 560 088.

4. SMT. GOWRAMMA W/O SRI LOKESHAPPA D/O LATE THIPPAIAH AGED ABOUT 57 YEARS R/O BRAHMASANDRA VILLAGE KORA HOBLI, TUMKUR TALUK AND DISTRICT - 572 128.

5. SMT. GANGAMMA W/O SRI GURURAJU D/O LATE SRI THIPPAIAH AGED ABOUT 55 YEARS R/AT NO.20, 1ST MAIN ROAD DEFENCE COLONY, BAGALAGUNTE HESARAGHATTA MAIN ROAD, NAGASANDRA POST BENGALURU NORTH TALUK - 560 073.

6. SRI. T. MAHADEVAIAH S/O LATE SRI TIPPAIAH AGED ABOUT 63 YEARS R/O THORENAGASANDRA MARTHAHALLI POST, DASANAPURA HOBLI BENGALURU NORTH TALUK - 562 162.

…RESPONDENTS (BY SRI. MANIKANTA H B., ADVOCATE)

THIS RFA IS FILED UNDER SECTION 96 R/W ORDER 41 RULE 1 OF CPC, AGAINST THE JUDGMENT AND DECREE IN OS NO.1399/2013 DATED 15.03.2023. ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE, BENGALURU RURAL DISTRICT, BENGALURU DECREEING THE SUIT FOR CANCELLATION OF SALE DEED.

THIS APPEAL, COMING ON FOR REPORTING SETTLEMENT, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN and HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL

ORAL JUDGMENT

(PER: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL)

This appeal is filed challenging the judgment and decree dated 15.03.2023 in O.S No.1399/2013 passed by the learned Principal Senior Civil Judge, Bengaluru Rural District, Bengaluru.

2. During the pendency of this appeal, the parties have resolved the dispute amicably and filed the compromise Petition under Order XXIII Rule 3 of the Code of Civil Procedure, 1908.

3. We have perused the terms of the compromise petition. We are satisfied that the terms of the compromise are as per law and not opposed to public policy. The appellant and the respondents are present before the Court and they are identified by their respective counsels. The appellant and the respondents submits that they have understood the terms of the compromise and they have duly signed in the compromise petition.

4. The terms of the compromise petition reads as under:

"THE COMPROMISE PETITION UNDER ORDER 23 RULE

3 OF CPC

1. The parties to the above appeal have amicably settled the above matter and filing this compromise petition the terms of which are as under.

2. The appellant has preferred the above appeal being aggrieved by the judgment and decree dated: 15.03.2023 passed by the court of the Prl Sr Civil Judge, Bengaluru Rural District Bengaluru in O.S. No.1399/2013 under the impugned judgment and decree the trial court be pleased to decree the suit of the plaintiffs and it is declare that the relinquishment deed dated 19.11.2012 executed by the plaintiffs No.1 to 6 in favour of the defendant is fraudulent document hence it is null and void and is not binding on the plaintiffs.

3. The parties to the above appeal submit that, at the intervention of the court and at the intervention of the well-wishers, the parties to the above appeal have amicably settled the matter in dispute in the following terms and conditions.

4. The parties to the above appeal submits that, the appellant has agrees to pay a sum of Rs. 5,35,00,000/-(Rupees Five Crores Thirty-Five Lakhs

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