IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20^TH DAY OF NOVEMBER, 2025 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MS. JUSTICE TARA VITASTA GANJU REGULAR FIRST APPEAL NO. 227 OF 2017 (PAR)

BETWEEN:

1. SRI. DEAN DAYAL S/O LATE SRI. V. ANNAMALAI, AND SMT. RAJESHWARI, AGED ABOUT 59 YEARS, RESIDING AT NO.114, 12TH MAIN, 2ND CROSS, RAGHAVENDRA BLOCK, SRINAGAR, BANGALORE - 560 050

2. SMT. MAHESHWARI D/O LATE SRI. V. ANNAMALAI, W/O SRI. SATHYANARAYANA MURTHY, Digitally signed by S AGED ABOUT 43 YEARS NOORUNNISABEGUM ASHWINI TRADERS, Location: HIGH COURT OF KARNATAKA, NO.1552/66, 2ND MAIN, BSK 1ST STAGE, BENGALURU BANGALORE - 560 050 …APPELLANTS (BY SRI. AMITH S, ADVOCATE)

AND:

SRI. MAHENDRA SINCE DEAD BY LR'S

1(A). SMT. M. AMBIKA W/O LATE MAHENDRA AGED ABOUT 41 YEARS

1(B). MS. AISHWARAYA LAKSHMI M D/O LATE MAHENDRA, AGED ABOUT 22 YEARS BOTH ARE RESIDING AT NO.2/1, 1ST MAIN ROAD, NEW THARAGUPET, BANGALORE - 560 002 …RESPONDENTS (BY SRI. SACHIDANANDA R. JAIN, ADVOCATE FOR SRI. R. KIRAN, ADVOCATE)

THIS RFA IS FILED UNDER SEC.96 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 02.08.2016 PASSED IN OS.NO.2737/2015 ON THE FILE OF THE XXVII ADDITIONAL CITY CIVIL JUDGE, BENGALURU CITY, DECREEING THE SUIT FOR PARTITION AND SEPARATE POSSESSION.

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

CORAM: HON'BLE MR. JUSTICE D K SINGH &

HON'BLE MS. JUSTICE TARA VITASTA GANJU

ORAL JUDGMENT

(PER: HON'BLE MR. JUSTICE D K SINGH)

This joint application under Order XII Rule 3 of the Code of Civil Procedure, 1908 is filed to pass the decree in terms of the compromise. The appellant No.1 and the respondents 1(a) and 1(b) are present in person before this court.

2. The application and the terms of the compromise have been signed by the appellant and the respondent Nos.1(a) and 1(b).

3. Parties have unequivocally said that they have entered into the compromise in terms of the settlement, which is part of the application filed under Order XXIII Rule 3 of CPC and they have put their signatures. It is further stated by the parties that they are bound by the terms of the settlement.

4. The relevant clauses of the agreement entered between the parties are extracted hereunder:

“iv) The Appellant No.1herein namely Sri.Deena Dhayal has agreed to take the Eastern portion of the SCHEDULE-‘A’ PROPERTY hereunder which is bearing Municipal No.2/1, situated at 1^st Main Road, New Tharagupet, Bengaluru-560 002, measuring East to West: 19.6’ feet and North to South: 30’ feet, totally measuring an extent of 585 Sq.ft., consisting of 2 shops in the Ground Floor and a residential house in the First Floor, which is more fully and more particularly described in the SCHEDULE-‘B’ hereunder.

v) The Respondents No.1(a) & (b) namely Smt. Ambika.M. & Kum. Aishwarya Lakshmi.M., have agreed to jointly take the Western portion of the SCHEDULE-‘A’ PROPERTY hereunder which is bearing Municipal No.2/1, situated at 1^st Main Road, New Tharagupet, Bengaluru-560 002, measuring East to West: 28’ feet and North to South: 30’ feet, totally measuring an extent of 840 Sq.ft., consisting of 2 shops in the Ground Floor and a residential house in the First Floor, which is more fully and more particularly described in the SCHEDULE-‘C’ hereunder.

vi) The Appellant No.1shall HAVE AND HOLD the SCHEDULE-B’ PROPERTY hereunder and the Appellant No.1 shall be the absolute owner thereof. The Appellant No.1 in consideration of the allotment of the SCHEDULE-‘B’ PROPERTY to his exclusive share in the SCHEDULE-‘A’ PROPERTY does hereby grant, convey, release, relinquish all his right, title, share, interest and claim in respect of the SCHEDULE-‘C’ PROPERTY in favor of the Respondents No.1(a) & 1(b)

absolutely and unconditionally forever.

vii) The Respondents No.1(a) & (b) shall jointly HAVE AND HOLD the SCHEDULE-‘C’ PROPERTY hereunder and the Respondents No.1(a) &(b) shall be the absolute joint owners thereof. The Respondents No.1(a) & (b) in consideration of the allotment of