REGULAR SECOND APPEAL NO. 1695 OF 2018 (DEC/INJ)

C/W

REGULAR SECOND APPEAL NO. 1491 OF 2018(DEC/INJ)

IN RSA No. 1695/2018

BETWEEN:

SRI B MAHADEVIAH

S/O LATE BASAPPA,

AGED ABOUT 67 YEARS,

R/AT GANIGARA PALYA,

THALAGHATTAPURA POST,

BANGALORE SOUTH TALUK,

BENGALURU-560 062.

…APPELLANT

(BY SRI. R.S.SUBRAMANYA KOUSHIK, ADVOCATE)

AND:

1. SMT ROOPA JAGADEESH

W/O JAGADEESH,

AGED ABOUT 60 YEARS,

2. JAGADEESH

S/O LATE B MUNISWAMY MUDALIYAR,

AGED ABOUT 68 YEARS,

BOTH ARE R/AT GAUTHAM FIRM,

SY NO.57/1A, 57/2M,

THALAGHATTAPURA VILLAGE AND POST,

UTTARAHALLI HOBLI,

BANGALORE SOUTH TALUK,

BANGALORE-560 062.

…RESPONDENTS

(BY SMT. D. BHUVANESHWAWRI, ADVOCATE)

THIS RSA IS FILED UNDER SEC.100 OF CPC, AGAINST THE JUDGMENT AND DECREE DTD 23.02.2018 PASSED IN RA.NO.77/2015, ON THE FILE OF THE IX ADDL.DISTRICT AND SESSIONS JUDGE, BENGALURU RURAL DISTRICT, BENGALURU, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED24.04.2015 PASSED IN OS.NO.437/2004 ON THE FILE OF THE I ADDL.SENIOR CIVIL JUDGE, BANGALORE RURAL DISTRICT BANGALORE.

IN RSA NO. 1491/2018

BETWEEN:

1. SMT SARVAMMA

AGED ABOUT 52 YEARS

W/O B MAHADEVAIAH

2. SMT BHARATI

AGED ABOUT 34 YEARS

W/O SRI BYRAIAH

3. G M CHETHAN

AGED ABOUT 32 YEARS

S/O B MAHADEVAIAH

4. SMT G M HEMAVATHI

AGED ABOUT 31 YEARS

W/O SRI GIRISH

ALL ARE RESIDING AT

GANIGARAPALYA,

THALLAGHATAPURA POST,

UTTARAHALLI HOBLI,

BANGALORE SOUTH TALUK

BANGALORE- 560109

...APPELLANTS

(BY SRI. A. SAMPATH, ADVOCATE)

AND:

1. B MAHADEVAIAH

AGED ABOUT 68 YEARS

S/O LATE BASAPPA

R/AT GANIGARAPALAY

THALLAGHATTAPURA POST,

UTTARAHALLI HOBLI,

BANGALORE SOUTH TALUK

BANGALORE – 560 109.

2. SMT ROOPA JAGADEESH

AGED ABOUT 60 YEARS

W/O JAGADEESH

3. SRI JAGADEESH

AGED ABOUT 68 YEARS

S/O MUNISWAMY MUDALIAR

R-2 & R-3 ARE

R/AT GUATHAM FARM SY NO 57/1A,

57/2, THALAGHATTAPURA VILLAGE AND

POST UTTARAHALLI HOBLI,

BANGALORE SOUTH TALUK

BANGALORE - 560109

...RESPONDENTS

(BY SRI. R.S.SUBRAMANYA KOUSHIK, ADVOCATE FOR R-1

SMT. D. BHUVANESHARI, ADVOCATE FOR R-2 & R-3)

THIS RSA IS FILED UNDER SEC.100 OF CPC, AGAINST THE JUDGMENT AND DECREE DTD 23.02.2018 PASSED IN RA.NO.95/2015, ON THE FILE OF THE IX ADDL.DISTRICT AND SESSIONS JUDGE, BENGALURU RURAL DISTRICT, BENGALURU, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED24.04.2015 PASSED IN OS.NO.1035/2005 ON THE FILE OF THE I ADDL.SENIOR CIVIL JUDGE, BANGALORE RURAL DISTRICT, BANGALORE.

THESE APPEALS COMING ON FOR HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR

ORAL JUDGMENT

1. Both these appeals are preferred by the appellants against the judgment and decree dated 23.02.2018 passed by the First Appellate Court in R.A.No.77/2015 C/w. R.A.No.95/2015, whereby the First Appellate Court dismissed both the appeals and confirmed the judgment and decree dated 24.04.2015 passed by the Trial Court in O.S.No.437/2004 and O.S.No.1035/2005, whereby the said suits were dismissed by the Trial Court.

2. Learned counsel for the appellants and respondents in both the appeals submitted that they have amicably settled the dispute between themselves and have filed a Compromise Petition dated 30.04.2026, which reads as under:

“COMPROMISE PETITION UNDER ORDER XXIII

RULE 3 OF THE CODE OF CIVIL PROCEDURE, 1908

The Appellants and the Respondents above named

beg to submit as hereunder:

1. For the sake of convenience and brevity, the parties to this Compromise Petition are referred to hereinafter as they were arrayed before the Trial Court, namely the Plaintiff (being the Appellant in the second appeal) and the Defendants (being the Respondents in the second appeal).

2. The Plaintiff had filed a suit in O.S. No. 437/2004 before the Court of the I Additional Senior Civil Judge, Bangalore Rural District, Bangalore on 15.04.2004, seeking the following reliefs:

i. Declaring that the Plaintiff is the absolute owner of the Suit Schedule Property having all right, title, possession and interest over the same;

ii. Declaring that the Sale Deed dated 01.10.2003 executed by Defendant No. 1 as the general power of attorney holder