IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20^TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MS. JUSTICE JYOTI M MISCELLANEOUS FIRST APPEAL NO. 6165 OF 2025 (CPC)

BETWEEN:

DR. S.CHALLAPPA S/O LATE SHANMUGAM, AGED ABOUT 61 YEARS, RESIDING AT NO.1644, 11^TH MAIN ROAD, 6^TH CROSS, HAL III STAGE, BENGALURU - 560 008.

…APPELLANT (BY SRI. HEGDE MANJUNATH MAHABALESHWAR, ADVOCATE)

AND:

1. SRI. NAGARAJA S/O. MUNIYAPPA, AGED ABOUT 55 YEARS, Digitally signed by THEJAS

2. SRI. MUNIRAJU, KUMAR N S/O MUNIYAPPA, Location: HIGH AGED ABOUT 52 YEARS, COURT OF KARNATAKA

3. SRI. MANJUNATH S/O MUNIYAPPA, DEAD BY HIS LRS

3(A) SMT. LAKSHMI, W/O. LATE MANJUNATH, AGED ABOUT 46 YEARS, 3(B) SMT. SANDHYA M., D/O. LATE MANJUNATH, AGED ABOUT 28 YEARS, 3(C) SMT. SHWETHA M., D/O. LATE MANJUNATH, AGED ABOUT 26 YEARS, 3(D) SMT. BINDU M., D/O. LATE MANJUNATH, AGED ABOUT 22 YEARS, 4. SRI. K.M.MUNIKRISHNA, S/O MUNIYAPPA, AGED ABOUT 47 YEARS, 5. SRI. MUNIYAPPA S/O LATE YELLAPPA, DEAD BY HIS LRS

5(A) SMT. MUNITHAYAMMA, W/O. LATE MUNIYAPPA, AGED ABOUT 66 YEARS, RESPONDENTS NO.1, 2, 3(A-D), 4 AND 5(A) ARE RESIDING AT K. GOLLAHALLI VILLAGE, KENGERI HOBLI, BENGALURU SOUTH TALUK-560074.

6. SMT. LAKSHMI, W/O R. SRINIVASA MURTHY (RESPONDENT NO.6 IS DELETED AS PER THE COURT ORDER DATED 20.01.2026)

…RESPONDENTS (BY SRI. HEGDE S.RAMAKRISHNA, ADVOCATE FOR R1, R2, R3(A TO D), R4 AND R5(A))

THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 104 READ WITH ORDER 43 RULE 1(c) OF THE CODE OF CIVIL PROCEDURE, 1908.

THIS MISCELLANEOUS FIRST APPEAL IS LISTED FOR ORDERS, THIS DAY, THE JUDGMENT WAS DELIVERED AS UNDER:

ORAL JUDGMENT

Sri.Hegde Manjunath Mahabaleshwar., counsel for the appellant and Sri.Hegde S.Ramakrishna., counsel for respondents 1, 2 and 3 (A to D), 4 and 5(A) have appeared in person.

2. Counsel for respective parties submits that Dr.S.Challappa - the appellant and Sri.Nagaraja - respondent No.1, Sri.Muniraju - respondent No.2, Smt.Lakshmi - respondent No.3(a), Smt.Sandhya.M - respondent No.3(b), Smt.Shwetha.M - respondent No.3(c), Smt.Bindu.M - respondent No.3(d), Sri.K.M.Munikrishna - respondent No.4 and Smt.Munithatyamma - respondent No.5(a) are present before the Court. They have been duly identified by their respective counsel.

3. Counsel for respective parties submits that during the pendency of the appeal, at the instance of mutual well- wishers, the appellant and the respondents have agreed to settle the dispute amicably. Hence, they filed a Memorandum of Compromise Petition under Order 23 Rule 3 of CPC. Counsel therefore, submits that the Compromise Petition may be taken on record and appeal may be disposed of in terms of the compromise petition.

4. When queried, the parties have stated that they have indeed settled the dispute and they have arrived at compromise/ settlement and the appeal may be disposed of in terms of the compromise/ settlement arrived by them. They further state that they have arrived at settlement on their own will and volition without there being any coercion and undue influence from any side.

5. The oral submission made by counsel for the respective parties and the compromise petition is placed on record. I have perused the same with utmost care.

6. As the parties to the lis have compromised the matter, the Miscellaneous First Appeal is disposed of in terms of the compromise petition, the judgment and decree dated:07.02.2012 passed by the Court of Prl. Senior Civil Judge, Bengaluru Rural District in O.S.No.1082/2008 is set- aside and the suit is dismissed in view of the compromise petition. It is made clear that the appellant owner of the suit schedule property free from all claims of the respondents or anyone claiming through or under them, and consequently all proceedings and orders are set-aside.

The Registry concerned is hereby directed to draw the decree in terms of the compromise petition.

Counsel for the appellant submits that the appellant is handing over the cheques as mentioned in paragraph 10 of the compromise petition to the responden