IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6^TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE ASHOK S.KINAGI REGULAR SECOND APPEAL NO. 667 OF 2013 (PAR)

BETWEEN:

1. SMT CHANNAMMA SINCE DEAD BY HER LEGAL REPRESENTATIVES

1(A) SMT. NAGARATHNAMMA W/O LATE KRISHNAPPA AGED ABOUT 74 YEARS 1(B) SMT. PADMAMMA W/O LATE KESHAVA MURTHY AGED ABOUT 70 YEARS Digi tally 1(C) SMT. CHANDRAMMA signed by W/O SRIDHARA MURTHY SUNITHA K S AGED ABOUT 67 YEARS Location:

HIGH COURT 1(D) SRI. SHIVANANDA K.R.

OF S/O LATE RAMAIAH KARNATAKA AGED ABOUT 64 YEARS

1(E) SRI. KRISHNA MURTHY K.R.

S/O LATE RAMAIAH AGED ABOUT 64 YEARS

1(F) SMT. JAYALAKSHMAMMA W/O HANUMEGOWDA AGED ABOUT 59 YEARS ALL ARE R/AT KADANUR VILLAGE MADURE HOBLI DODDABALLAPURA TALUK BENGALURU RURAL DISTRICT.

…APPELLANTS (BY SRI. T H NARAYANA & G NARENDRARAJU., ADVOCATES)

AND:

1. SMT ALLIYAMMA W/O NANJAPPA, SINCE DEAD REP. BY HER LEGAL REPRESENTATIVES

1(A) SRI. MELAPPA S/O LATE NANJAPPA AGED ABOUT 67 YEARS

1(B) SRI. MUNIRAJU S/O LATE NANJAPPA AGED ABOUT 65 YEARS

1(C) SMT. SUMITHRAMMA W/O PUTTARAMAIAH AGED ABOUT 63 YEARS 1(D) SRI CHANDRAPPA S/O LATE NANJAPPA AGED ABOUT 61 YEARS

1(E) SRI. SHIVAKUMAR S/O LATE NANJAPPA AGED ABOUT 59 YEARS

1(F) SMT. SAVITHRAMMA D/O LATE NANJAPPA AGED ABOUT 57 YEARS

1(G) SMT. BHAGYAMMA D/O LATE NANJAPPA AGED ABOUT 55 YEARS 1(H) SRI. VENKATESH S/O LATE NANJAPPA AGED ABOUT 51 YEARS

1(I) SMT. CHANNAMMA D/O LATE NANJAPPA AGED ABOUT 49 YEARS

1(J) SRI MANJUNATH S/O LATE NANJAPPA AGED ABOUT 47 YEARS ALL ARE R/AT KADANUR PALYA VILLAGE MADURE HOBLI DODDABALLAPUR TALUK BENGALURU RURAL DISTRICT – 561 203.

…RESPONDENTS [BY SRI. S SIDDAPPA, ADVOCATE FOR C/R SRI. M SRINIVASA, ADVOCATE FOR R1(A-J)]

THIS RSA IS FILED U/S. 100 OF CPC., AGAINST THE JUDGEMENT & DECREE DTD 8.1.2013 PASSED IN R.A.NO.110/2012 ON THE FILE OF THE PRESIDING OFFICER, FAST TRACK COURT, DODDABALLAPUR, PARTLY ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGEMENT AND DECREE DTD 6.3.2012 PASSED IN OS.NO.128/2007 ON THE FILE OF THE SENIOR CIVILL JUDGE & JMFC., DODDABALLAPUR.

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

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

ORAL JUDGMENT

1. On 04.12.2025, the matter was referred to the Mediation Centre, High Court of Karnataka, Bengaluru. Pursuant to the order dated 04.12.2025, the parties have appeared before the Mediation Centre and filed a memorandum of settlement under Section 89 of Code of Civil Procedure read with Rules 24 and 25 of the Karnataka Civil Procedure (Mediation) Rules, 2005.

2. The Deputy Director of the Karnataka Mediation Centre forwarded a copy of memorandum of settlement executed between the parties to the appeal stating that the parties have settled the dispute and executed a memorandum of settlement on 22.01.2026 and a copy of memorandum of settlement is enclosed.

3. A memorandum of settlement is taken on record and the same 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 I. The Appellants have filed this appeal against the judgment and decree dated 08.01.2013 passed in R.A.No.110/2012 by Fast Track Court at Doddapallapura, Modifying the judgment and decree dated 08.03.2012 passed in 0.S.No.128/2007 by the Senior Civil Judge, Doddaballapura and granted half (1/2) share in the suit schedule property in favour of the respondent.

II. Brief Facts:

The deceased Respondent Alliyamma has filed the suit in O.S.No. 128/2007 on the file of the Senior Civil Judge. Doddaballapura seeking for partition and separate possession of her undivided ½ share in the suit schedule properties.

The Deceased Appellant Channamma has appeared in the Suit and contested the Suit and sought for dismissal of the suit on the ground that Late Chikkannappa, who is the father of the Plaintiff and defendant had bequeathed all the Suit Schedule Properties in favour of the Appellant, Channamma under a Will dated 12.03.1986.

The Hon'ble Trial Court up-held the val