IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 13^TH DAY OF JANUARY, 2026

BEFORE

THE HON'BLE MR. JUSTICE ASHOK S.KINAGI REGULAR SECOND APPEAL NO. 699 OF 2017

(DEC/INJ)

BETWEEN:

1. SMT. RAMARATHNA ALVA

W/O LATE DR U B ALVA AGED ABOUT 75 YEARS

R/O SRI BHAGYODAYA

NEAR SRI SUBRAHMANYA SWAMY TEMPLE,

SOODA

KARKALA TALUK

UDUPI DISTRICT – 576 101 2. SMT SANJATHA HEGDE

W/O SRI SRINATH HEGDE

Digitally signed AGED ABOUT 47 YEARS

by SUNITHA K S

R/O NADISALGATHU HOUSE

Location: HIGH

COURT O F

POST:PADUBIDRI

KARNATAKA UDUPI DISTRICT – 576 101

3. SMT KAVITHA HEGDE

W/O SRI HARIKRISHNA HEGDE

AGED ABOUT 50 YEARS

R/O A-103, RANKA CORNER APARTMENT

CAMBRIDGE LAYOUT BANGALORE-560008

…APPELLANTS

(BY SRI. VAISHALI HEGDE., ADVOCATE)

AND:

1. SRI.B.R. NOOKESH S/O LATE SRI B REVANASIDDAPPA AGED ABOUT 47 YEARS R/O DODDABATHI VILLAGE DAVANAGERE TALUK DAVANAGERE DISTRICT - 577002

2. SMT AMBAVVA W/O SRI DASARA MALLAPPA AGED MAJOR R/O KAIDALU VILLAGE DAVANAGERE TALUK DAVANAGERE DISTRICT – 577002

3. SMT SANNATHAI W/O SRI HADADI HANUMANTHAPPA AGED MAJOR R/O DODDABATHI VILLAGE DAVANAGERE TALUK DAVANAGERE DISTRICT – 577002 …RESPONDENTS (BY SRI. N.K. SIDDESWARA, ADVOCATE FOR R1 R2 & R3 ARE SERVED)

THIS RSA IS FILED U/S. 100 OF CPC., AGAINST THE JUDGEMENT & DECREE DTD 13.01.2017 PASSED IN R.A.NO.90/2015 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE DAVANAGERE., DISMISSING THE APPEAL AND CONFIMING THE JUDGEMENT AND DECREE DTD 02.07.2015 PASSED IN OS.NO.22/2010 ON THE FILE OF THE PRINCIPAL CIVIL JUDGE, DAVANAGERE.

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

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

ORAL JUDGMENT

1. This Court vide order dated 22.08.2025 referred the matter for mediation to the Karnataka Mediation Centre, Bengaluru (“KMC”).

2. The Deputy Director of KMC has submitted a Memorandum of Settlement, arrived at by the parties under Section 89 of the Code of Civil Procedure, 1908 (for short, ‘the CPC’) read with Rules 24 and 25 of the Karnataka Civil Procedure (Mediation)

Rules, 2005, which reads as follows:

“MEMORANDUM OF SETTLEMENT UNDER SECTION 89 OF CPC READ WITH RULES 24 AND 25 OF THE KARNATAKA CIVIL PROCEDURE ( MEDIATION) RULES, 2005 The parties above named beg to submit as follows:- I. The appellant has filed the above Regular Second Appeal against the judgement and decree dated 13.01.2017 passed by the Prl. Senior Civil Judge, Davanagere in R.A. No. 90/2015 and the judgement and decree dated 02.07.2015 passed by the Prl. Civil Judge, Davanagere in O.S No.22/2010 in decreeing the suit and dismissing the appeal.

1. The 1^st respondent/plaintiff had filed a suit for declaration of title that he is the owner in possession and enjoyment of suit schedule property and permanent injunction in respect of the kana property bearing Khaneshumari No.19, measuring East to West 60 feet and North to South 135 feet situated at Doddabathi Village, Davanagere Taluk bounded on East by: Karlahalli Thippanna's Kana, West by: Siddaiah's Kana, North: Road and South by: Kana of Ganji Ningappa and Kadappa. The 1^st respondent/plaintiff claims to have acquired the schedule property through a partition entered into their family on 21.03.2002. Prior to that the respondent's/plaintiff's claim is that his brother B R Ajantha purchased a suit schedule property from Kencha Yellappa on the sale deed dated 13.04.1992 and subsequently he acquired its through partition.

2. The 1^st appellant who is defendant No.3 in O.S No.22/2010 claim at Dr. U.B Alva her husband has purchased the suit schedule property from Ambavva the 2^nd respondent herein on 27.07.1985. With the said rival contentions suit was contested and the suit came to be decreed by judgment and decree dated 02.07.2015. The appellants preferred appeal before Prl. Senior Civil Judge, Davanagere in R A No.90/2015 which came to be dismissed on 13.01.2017. Challenging the said judgments the appellants have preferred the above appeal.

II. During the course of mediation, the appellants and 1^st respondent along with