IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16^TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE ASHOK S.KINAGI REGULAR SECOND APPEAL NO. 541 OF 2023 (SP)

BETWEEN:

SRI. GURURAJ. M S/O. LATE MAYAGAPPA, AGED ABOUT 59 YEARS, R/AT NO. 378, 8^TH CROSS, INDUSTRIAL AREA, RAJAJINAGAR, BENGALURU-560 044.

…APPELLANT (BY SRI. MANJUNATH V.,ADVOCATE)

AND:

1. SRI. KARIYAPPA S/O. LATE JAVANAPPA, SINCE DECEASED BY LEGAL HEIRS, Digitally signed by 1(A) SMT. DEVAMMA, SHARADAVANI B W/O. LATE KARIYAPPA, Location: High AGED ABOUT 77 YEARS, Court of Karnataka RESIDING AT NO. 2617.

1(B). SMT. LAKSHMAMMA D/O. LATE KARIYAPPA, AGED ABOUT 59 YEARS.

1(C). SRI. SRINIVASA S/O. LATE KARIYAPPA, AGED ABOUT 57 YEARS.

1(D). SRI. SURESH S/O. LATE KARIYAPPA, AGED ABOUT 55 YEARS.

1(E). SRI. RAMESHA S/O. LATE KARIYAPPA, AGED ABOUT 53 YEARS.

1(F). SRI. NAGESHA S/O. LATE KARIYAPPA, AGED ABOUT 51 YEARS.

THE LEGAL REPRESENTATIVES OF THE DECEASED RESPONDENT NO.1(A) TO 1(F) ARE RESIDING AT NO.2617, 4^TH CROSS, NEW STREET, K.G.KOPPAL, MYSURU.

…RESPONDENTS (BY SRI. Y.K.PRAKASH., ADVOCATE FOR; SRI.Y.K.NARAYANA SHARMA.,ADVOCATE VIDE COURT ORDER DATED 09.01.2026, APPEAL AGAINST R2 IS DISMISSED.)

THIS APPEAL IS FILED UNDER SECTION 100 OF THE CPC PRAYING TO CALL FOR THE RELEVANT RECORDS IN R.A.NO.66/2021 DISPOSED ON THE FILE OF THE HON'BLE VII ADDITIONAL DISTRICT JUDGE AT MYSURU AND ALSO CALL FOR RECORDS IN O.S.NO.634/2014 PASSED BY THE LEARNED PRINCIPAL SENIOR CIVIL JUDGE AND C.J.M AT MYSURU AND ETC.

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. The appellant is present before the Court and respondent Nos.1(a) and 1(b) appeared through the power of attorney holder i.e., 1(c) are present before the Court, and they are identified by their respective counsel.

2. On 22.04.2024, this Court referred the matter to the Mediation Centre, Mysuru and parties were directed to appear before the Mediation Centre. Pursuant to the said order, the parties have appeared before the Mediation Centre, Mysuru. The Deputy Director, the Karnataka Mediation Center vide Communication dated 30.01.2026 stated that the matter is settled between the parties and has enclosed the memorandum of settlement filed under Section 89 of the Code of Civil Procedure read with Rules 24 and 25 of the Karnataka Civil Procedure (Mediation)

Rules, 2005, which reads as under:

"Both the Appellant and the Legal Heirs No.1(c) to 1(f) of the deceased 1^st Respondent, in the above appeal submits as Follows:-

1. The present R.S.A has been preferred by the Appellant against the Judgment and Decree dated 22/11/2022, passed in R.A.No.66/2021, by the 1st Appellate Court i.e., VII Addl. District Judge at Mysuru and Judgment and Decree dated04-02-2021 passed in O.S.No.634/2014 by the Court of Senior Civil Judge, Mysuru.

2. The 1st Appellate Court was pleased to dismiss the aforesaid R.A.No.66/2021, filed by the appellant by confirming the Judgment and Decree passed by the Trail Court i.e., the Learned Prl. Senior Civil Judge at Mysuru, in O.S.No.634/2014 dated 04/02/2021, by decreeing the suit of the plaintiff in part by directing the defendants to execute the Regd. Sale deed in favour of the plaintiffs with respect to the Site No.5, more fully described in the partition deed dated 09/04/2013 and the plan approved by MUDA, within one month from the date of the said order. It has been further ordered that in default by the Defendants, the plaintiffs are at liberty to get the sale deed executed in their favour through the process of the Court. However, the 1st Appellate Court has limited the total extent of the property to be conveyed to 4800Sq.Feet. The schedule described in the aforesaid Deed of Partition dated 09-04-2014 is as described below:-

"The Site bearing No.5, carved out in Alienated lands bearing Survey Nos.3/1B1, measuring 9 Guntas of land, Survey No.1/1B2, measuring 9 Guntas, Survey No.3/1B4, measuring 10 Guntas of land and Surv