IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 15^TH DAY OF DECEMBER, 2025

BEFORE

THE HON'BLE MR. JUSTICE ASHOK S.KINAGI

REGULAR SECOND APPEAL NO. 356 OF 2014 (INJ)

BETWEEN:

1. SMT JAYAMMA

W/O CHIKKAIAH

AGED ABOUT 70 YEARS

2. BORAIAH @ ANANDA

S/O CHIKKAIAH

AGED ABOUT 44 YEARS

3. ANDANI

S/O CHIKKAIAH

AGED ABOUT 40 YEARS

Digitally

signed by THE APPELLANT NOS.1 to 3 ARE

SHILPA BAI S

R/O HOLALU VILLAGE

Location:

DUDDA HOBLI HIGH COURT

OF MANDYA TALUK

KARNATAKA

MANDYA DISTRICT-571401

…APPELLANTS

(BY SRI. PRAMOD R, ADV.)

AND:

1. CHIKKAMMA W/O BOCHAIAH AGED ABOUT 73 YEARS

2. ANDANI S/O BOCHAIAH AGED ABOUT 43 YEARS 2(A) SMT. SHIVAMMA W/O LATE ANDANI AGED ABOUT 50 YEARS R/O HOLALU VILLAGE MANDYA TALUK MANDYA DISTRICT-571436

2(B) ABHISHEK S/O LATE ANDANI AGED ABOUT 23 YEARS R/O HOLALU VILLAGE MANDYA TALUK MANDYA DISTRICT-571436

2(C) HARSHITHA D/O LATE ANDANI AGED ABOUT 21 YEARS R/O HOLALU VILLAGE MANDYA TALUK MANDYA DISTRICT-571436

2(D) JAYARAMU S/O BOCHAIAH AGED ABOUT 43 YEARS R/O HOLALU VILLAGE MANDYA TALUK MANDYA DISTRICT-571436

3. JAYARAMU S/O BOCHAIAH AGED ABOUT 43 YEARS THE RESPONDENT NOS.1 TO 3 ARE R/O HOLALU VILLAGE DUDDA HOBLI MANDYA TALUK MANDYA DISTRICT-571401 …RESPONDENTS (BY SRI. H.C.SHIVARAMU, ADV.)

RSA FILED U/S.100 OF CPC., AGAINST THE JUDGEMENT & DECREE DTD 26.11.2013 PASSED IN R.A.NO.28/2010 ON THE FILE OF THE II ADDL. DISTRICT & SESSIONS JUDGE & C.C. OF FAST TRACK COURT, MANDYA, DISMISSING THE APPEAL AND CONFIRMING THE JUDGEMENT AND DECREE DTD 15.12.2006 PASSED IN OS.NO.120/2000 ON THE FILE OF THE PRL. CIVIL JUDGE (JR.DN) & JMFC., MANDYA.

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

CORAM: HON'BLE MR. JUSTICE ASHOK S.KINAGI

ORAL JUDGMENT

The appellants, respondent No.1, legal representatives of deceased respondent No.2 and respondent No.3 are present before the Court, and they are identified by their respective counsel.

2. The parties to the appeal have filed a compromise petition, which reads as follows: "The appellant Nos.1 to 3 have filed a suit in OS No.120/2000 before the Principal Civil Judge (Jr.Dn.) and JMFC at Mandya for the relief of declaration and permanent injunction with respect to suit property i.e., house property situated at Holalu Village, Dudda Hobli, Mandya Taluk, bearing Sy.No.1148 and property No.946/C measuring East to west 17' and North to South 16' a country tiled residential house bounded on the:

East by : Galli and then the house of Vaikuntaswamy West by : House of Siddaramu and Kempamma North by : Residential house portion belonging to the defendants South by : Street The said suit came to be dismissed on

15.12.2006. Against the judgment and decree passed in OS No.120/2000, the appellant Nos.1 to 3 herein have filed Regular Appeal No.28/2010 before the Fast Track Court I, Mandya. The said appeal also came to be dismissed by the First Appellate Court by its judgment dated 26.11.2013 confirming the judgment and decree passed In OS No.120/2000. Against the above two judgments, the appellant Nos. 1 to 3 preferred the present RSA No.356/2024 before this Hon'ble Court.

2.On the advice of the well-wisher and the elders, this Regular Second Appeal No.356/2014 has been settled between the appellant Nos. 1 to 3 and the respondent Nos. 1 to 3 to the following terms:

a) The appellant Nos. 1 Smt.Jayamma is the wife of Chikkalah, the appellant Nos.2 and 3 are the sons of Chikkaiah. The father of the respondent No.2 Bochaiah and Chikkaiah are the brothers. The appellant Nos.1 to 3 belongs to the family of Chikkaiah and the respondent Nos.1 to 3 belongs to the family of Bochaiah.

b) The appellant Nos.1 to 3 herein have agreed to give up their right and interest and ownership over the suit schedule house property situated at Holalu Village, Dudda Hobli, Mandya Taluk bearing Sy.No.1148 and property No.946/C measuring East to West 17 feet and North to South 16 feet a country tiled residential house bounded on the:

East by : Galli and then the house of Vaikuntaswamy West by : House of Siddaramu a