IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6^TH DAY OF APRIL, 2026 PRESENT THE HON'BLE MRS. JUSTICE ANU SIVARAMAN AND THE HON'BLE MS. JUSTICE TARA VITASTA GANJU REGULAR FIRST APPEAL NO. 643 OF 2026 (PAR)

BETWEEN:

1. SRI. R GURULINGAPPA SINCE DEAD BY LRS, 1(a) B.M.MANJULA, W/O LATE R.GURULINGAPPA, AGED ABOUT 53 YEARS, 1(b) SMT. PREETHI ALIAS PRIYANKA .G D/O LATE R.GURULINGAPPA, AGED ABOUT 33 YEARS, 1(c) SHRI. MADHU ALIAS THEJAS.G, S/O LATE R.GURULINGAPPA, AGED ABOUT 30 YEARS, Digitally signed by SUMATHY KANNAN Location: HIGH 2. SHRI. B.R.NARAYANAPPA ALIAS COURT OF KARNTAKA NARAYAN.R S/O LATE G RADAPPA, AGED ABOUT 62 YEARS, 3. SMT.SARAWATHI, W/O LATE SHIVALINGAPPA, AGED ABOUT 59 YEARS, 4. SMT. RAMYA.S. MYLAR, D/O LATE SHIVALINGAPPA, AGED ABOUT 41 YEARS, REPRESENTED HEREIN BY HER MOTHER AND G.P.A HOLDER, SMT. SARASWATHI

5. SHRI. RAVI S.MYLAR, S/O. LATE SHIVALINGAPPA, AGED ABOUT 39 YEARS, 6. SMT. G.M.VEDAVATHI, W/O LATE C.PUTTARAJU, AGED ABOUT 56 YEARS, 7. SHRI. TILAK P MYLAR ALIAS THILAK, S/O LATE C.PUTTARAJU, AGED ABOUT 35 YEARS, 8. SRI. TARUN. P.MYLAR, S/O LATE C.PUTTARAJU, AGED ABOUT 33 YEARS, APPELLANT No.s. 1 TO 8 ARE ALL ARE ALL R/AT NO. J-109 (OLD NO. 48)

SHIVA GURU PRASAD, BINNY MILL ROAD, BENGALURU – 560 053.

9. SRI. UTTAREGOWDA, SINCE DECEASED BY LR’S, 9(a) SRI. B.U.SRINIVAS, S/O LATE G.UTTAREGOWDA, AGED ABOUT 53 YEARS, R/AT NO. 9, 4^TH CROSS, MARUTHI EXTENSTION, BASAVESHWARANAGAR, BENGALURU-560 079.

9(b) SMT. B.U.SHAILAJA, D/O LATE G.UTTAREGOWDA, W/O SRI.SIDDARAMAIAH, AGED ABOUT 52 YEARS, R/AT NO.23(OLD NO. 12), 4^TH CROSS, SWIMMING POOL EXTENSION, MALLESHWARAM, BENGALURU-560 003.

10. SRI. YATEESH.N.

S/O NARAYAN.R, AGED ABOUT 29 YEARS, R/AT NO. 1-109 (OLD NO. 48), SHIVA GURU PRASAD, BINNY MILL ROAD, BENGALURU-560 053.

…APPELLANTS (BY SRI. PRAKASHA.A., ADVOCATE)

AND:

1. SMT.R.SAROJA SINCE DECEASED BY LR’S. 1(a) SRI. CHANDRAPPA.R S/O RANGGAPPA, AGED ABOUT 76 YEARS, 1(b) SHRI. B.C.SANTOSH KUMAR, S/O. R.CHANDRAPPA, AGED ABOUT 46 YEARS, 1(c) SHRI. B.C.VEENA, D/O R.CHANDRAPPA, AGED ABOUT 45 YEARS, ALL ARE R/AT NO. 316, 2^ND MAIN, 6^TH CROSS, NEAR WATER TANK, NGEF LAYOUT, MALLATHAHALLLI, ULLALU UPANAGARA, BENGALURU – 560 056.

2. SMT. R. JANAKI, W/O SRI. R. GANGARAJ, AGED ABOUT 65 YEARS, R/AT NO. 183/G2, GROUND FLOOR, PARAMESHWARI RESIDENCY, 1ST MAIN ROAD, II STAGE, GRUHALAKSHMI LAYOUT, KAMALANAGAR, BENGALURU – 560079.

3. SMT. B.R.CHANDRA KANTHA W/O SRI. A.CHAITANYA, AGED ABOUT 61 YEARS, R/AT NO.529 CVC NILAYA, 1^ST MAIN, 4^TH CROSS, NGEF LAYOUT, NRUPATUNGANAGARA, NAGARBHAVI, BENGALURU-560 072.

4. SMT. R.PRAMILA, W/O R.MUDDUPRAKASH, AGED ABOUT 58 YEARS, R/A BALABEDI, KATRARIPALYA, KOLAR-563 101.

5. SHRI. B.C.PRAKASH, SINCE DECEASED BY LR’S

5(a)

SMT. LAKSHMI DEVI.M, W/O LATE B.C.PRAKASH, AGED ABOUT 46 YEARS, R/AT NO. 1216, BANDAPURA ROAD, NEAR ASHWATHNARAYANA TEMPLE, BELAGARANAHALLI, NERALURU, BENGALURU-562 107.

…RESPONDENTS (BY SRI. RAKESH KUMAR., ADVOCATE FOR C/R1 (a TO c), R2 TO 4;

SRI. VEDANTH VIJAYAN., ADVOCATE FOR R5(a))

THIS APPEAL IS FILED UNDER SECTION 96 OF CPC, AGAINST THE ORDER DATED: 31.01.2026 PASSED IN FDP NO.127/2021 ON THE FILE OF THE XXX ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU, ALLOWING THE FDP FILED UNDER ORDER XX RULE 18 OF CPC.

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

CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN &

HON'BLE MS. JUSTICE TARA VITASTA GANJU

ORAL JUDGMENT

(PER: HON'BLE MRS. JUSTICE ANU SIVARAMAN)

1. This appeal is preferred against the judgment and decree dated 31.01.2026 in F.D.P.No.127/2021 on the file of the XXX Addl. City Civil and Sessions Judge, Bengaluru (CCH-31). The suit was filed for partition and separate possession.

2. We have heard Shri Prakasha A, learned counsel for the appellants, Shri Rakesh Kumar for Caveator / respondent Nos.1(a) to (c), respondent Nos.2 to 4 and Shri Vedanth Vijayan for respondent No.5(a).

3. It is submitted by the learned counsel appearing on either side that the parties have entered into a compromise and that all disput