IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18^TH DAY OF FEBRUARY, 2026 PRESENT THE HON'BLE MRS. JUSTICE ANU SIVARAMAN AND THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL REGULAR FIRST APPEAL NO.1040/2021 (PAR)

BETWEEN:

1. SMT. LATHA W/O SRI. C. KRISHNA ALIAS C. KRISHNAMURTHY AGED ABOUT 43 YEARS Digitally signed by C/O LATE M. MUNIRAJU ARSHIFA BAHAR RESIDING AT NO.40 KHANAM G 10TH STREET, JOGPALYA HIGH COURT OF BENGALURU-560008.

KARNATAKA SINCE THE APPELLANT IS MENTALLY INFIRM/RETARDED REP. BY HER HUSBAND AND NEXT FRIEND SRI. C. KRISHNA ALIAS C. KRISHNAMURTHY S/O CHINNADORAI AGED 50 YEARS RESIDING AT NO.40 G 10TH STREET, JOGPALYA BENGALURU-560008.

…APPELLANT (BY SRI. G. SHANKAR, ADV.,)

AND:

1. SRI. DEEPAK S/O LATE M. MUNIRAJU AGED ABOUT 41 YEARS RESIDING NO 40, G 10TH STREET JOGPALYA, BENGALURU-560008.

2. SMT. M. MAMATHA W/O SRI. T. SRIDHARA AGED ABOUT 45 YEARS D/O LATE M. MUNIRAJU R/AT. VENKATALAKSHMI NARAYANA NILAYA NO.7

1ST MAIN ROAD, NGEF LAYOUT BENGALURU-560094. 3. SMT. M. BABITHA W/O SRI DEELIP KUMAR D/O LATE M. MUNIRAJU AGED ABOUT 33 YEARS R/AT. NO.655, 5TH MAIN ROAD ISRO LAYOUT, BENGALURU-560075.

…RESPONDENTS (BY SRI. G. RAGHUNANDAN, ADV., FOR R1 TO R3)

THIS RFA IS FILED UNDER SECTION 96 OF THE CPC, PRAYING TO CALL FOR THE RECORDS. SET ASIDE THE JUDGMENT AND DECREE DATED 17.03.2021 PASSED BY THE LIX ADDITIONAL CITY CIVIL AND SESSIONS JUDGE (CCH-60) BENGALURU, IN O.S.NO.7439/2016. DECREE THE SUIT FOR PARTITION AND SEPARATE POSSESSION IN RESPECT OF SUIT SCHEDULE PROPERTIES, BY METES AND BOUNDS AS PRAYED FOR IN THE PLAINT & ETC.

THIS APPEAL, COMING ON FOR HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN and HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL

ORAL JUDGMENT

(PER: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL)

Sri. Shankar G., learned counsel for the appellant and Sri.G.Raghunandan, learned counsel for the respondents submit that the matter is settled between the parties and they have filed a compromise petition under Order XXIII Rule 3 read with Section 151 of Code of Civil Procedure.

2. The terms of compromise reads as under:

"The appellant and the respondent Nos.1 to 3 respectfully submit as follows :

1. The appellant has filed the suit for partition and separate possession. Since the appellant is mentally infirm / retarded, she is represented by her husband / guardian as next friend C.Krishnamurthy. The appellant has filed the suit for partition and separate possession in respect of plaint schedule ‘A’ and ‘B’ properties, which are immoveable properties and schedule ‘C’ property is the moveable items of properties. The suit is filed against the respondent Nos.1 to 3 herein. The respondent No.1 herein is the brother, respondent Nos.2 and 3 are sisters of the appellant. The appellant and respondent Nos.1 to 3 are children of late M.Muniraju and Smt.Sarojamma. The suit is filed in O.S.No.7439 of 2016 on the file of the LIX Additional City civil and Sessions Judge, (CCH-60) Bengaluru. The suit was dismissed on 17.03.2021. Aggrieved by the impugned judgement and decree, the plaintiff/ appellant herein filed this appeal.

2. It is submitted that after appearance of the respondents, the parties herein, at the intervention of well wishers, have negotiated and agreed to mutually settle all the differences among them and agreed to compromise the matter amicably in the following manner :

3. The first respondent (Deepak) shall pay a sum of Rs.65,00,000/- (Rupees sixty five lakhs only) to the appellant (Smt.Latha) payable to her husband Sri C.Krishnamurthy through bank transfer.

4. The first respondent (Deepak) shall also give 120 (one hundred and twenty) grams of gold ornaments to the appellant (Smt.Latha) to the custody of her husband Sri C.Krishnamurthy or the value thereof as on the day of delivering the same to the appellant /

her husband C.Krishnamurthy.

5. The first respondent shall pay a sum of Rs.40,00,000/- (Rupees forty lakhs only) to the second respondent (Smt.M.Mamatha) through ba