Smt. Narayanamma Vs Sri Venkataramappa — Karnataka HC (2025) — LawSathi Research

Smt. Narayanamma Vs Sri Venkataramappa — Karnataka HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Regular Second Appeal disposed of in terms of the compromise petition; Office directed to draw up the final decree in terms of the compromise petition; pending interlocutory applications, if any, disposed of. Under the compromise terms, respondent Nos.1(a)–1(e) acknowledged receipt of Rs.48,00,000/- as full and final settlement towards their claim, declared they have absolutely no claims in respect of the suit schedule property, undertook not to claim any right, title or interest over the suit schedule properties or interfere therein, to cancel transactions entered during the pendency of the lis, to assist in transfer of revenue records, and consented to the appeal being decided by decreeing the suit as prayed for in favour of the appellant.

Issue for consideration

Whether the compromise petition filed by the parties is lawful and the regular second appeal may be disposed of in terms thereof by a decree of compromise.

Court's answer

The contents of the compromise petition were read over and explained to the parties in the Kannada language known to them, and they accepted the terms and conditions of the compromise petition.

Ratio / Principle

The court perused the compromise petition and recorded satisfaction that its terms and conditions are lawful.

Key takeaways

The court found no legal impediment to accepting the compromise arrived at between the parties and to disposing of the appeal by a decree of compromise.ratio¶¶103
The Regular Second Appeal is disposed of in terms of the compromise arrived at between the parties.ratio¶¶111
The Office is directed to draw up the final decree in terms of the compromise petition.ratio

Detailed headnote1 paragraphs

High Court of Karnataka at Bengaluru (Ashok S. Kinagi J.), 09.12.2025 — RSA No. 1684/2013 (DEC/INJ) filed under S.100 CPC, disposed of by decree of compromise. Background: the appellant's suit O.S.No.201/2006 (Prl. Civil Judge & JMFC, Sidlaghatta) for declaration, permanent injunction and consequential reliefs over agricultural lands Sy.No.435/1 (1 acre 5 guntas), Sy.No.435/2 (1 acre 7 guntas plus 5 guntas Kharab) and Sy.No.435/4A (29 guntas plus Kharab) at Bhkathrahalli Village, Jangamakote Hobli, Sidlaghatta Taluk, Chikkaballapura District, was decreed on 19.11.2011; the respondents' first appeal R.A.No.76/2011 (Senior Civil Judge & JMFC, Sidlaghatta) was allowed on 12.07.2013, setting aside that judgment and decree and dismissing the suit. In the pending second appeal the parties compromised: pursuant to an agreement of sale, purchasers Sri C Girish and R Ravikumar paid Rs.48,00,000/- (five cheques/postdated cheques of Rs.9,60,000/- each dated 09.12.2025) to respondent Nos.1(a)–1(e) as full and final settlement; the respondents acknowledged receipt, declared they have no claims over the schedule properties, undertook non-interference, cancellation of interim transactions and assistance with revenue-record transfer, and consented to the suit being decreed as prayed for. The terms were read over and explained to the parties in Kannada; the court found the terms lawful, saw no legal impediment, disposed of the appeal in terms of the compromise, directed the Office to draw up the final decree, and disposed of pending interlocutory applications. Per term 6 of the compromise petition, if the said cheques are dishonoured, the compromise order is to be automatically recalled.

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 9^TH DAY OF DECEMBER, 2025

BEFORE

THE HON'BLE MR. JUSTICE ASHOK S.KINAGI

REGULAR SECOND APPEAL NO. 1684/2013 (DEC/INJ)

BETWEEN:

SMT. NARAYANAMMA W/O LATE NARAYANAPPA SINCE DECEASED BY HER LRS

SMT. VENKATAMMA

W/O LATE MUNISHAMAPPA AGED ABOUT 83 YEARS R/A PUTTAPPANA GUDI BEEDHI DEVANAHALLI TOWN

Digitally signed by SHILPABAI S Location: HIGH COURT OF KARNATAKA

BANGALORE RURAL DISTRICT

(BY SRI.MUNIRAJA.M A/W SRI.SHANKARE GOWDA V.N, ADVOCATES)

AND:

…APPELLANT

SRI VENKATARAMAPPA

SINCE DECEASED BY HIS LRS

1(A) SRI.B.V.NARAYANASWAMY, S/O LATE VENKATARAMAPPA, AGED ABOUT 63 YEARS

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R/AT BHAKTHARAHALLI VILLAGE

JANGAMA KOTE HOBLI SIDLAGHATTA TALUK CHIKKABALLAPURA DISTRICT

1(B) SRI.B.V.KRISHNAPPA,

S/O LATE VENKATARAMAPPA,

AGED ABOUT 63 YEARS,

R/AT No.747, LAKSHMI VENKATESHWAR

TENT HOUSE,

NEAR PRAGATHI COLLEGE,

CHIKKABALLAPURA ROAD, VIJAYAPURA, DEVANAHALLI TALUK, BENGALURU RURAL DISTRICT-562135.

1(C) SRI.B.V.MUNIVENKATA @ MUNIYENKATA, S/O LATE VENKATARAMAPPA, AGED ABOUT 61 YEARS,

R/AT BHAKTHARAHALLI VILLAGE, JANGAMMA KOTE HOBLI, SIDLAGHATTA TALUK, CHIKKABALLAPURA DISTRICT

1(D) SRI.B.V.MUNIYAPPA, S/O LATE VENKATARAMAPPA, AGED ABOUT 59 YEARS JANGAMMA KOTE HOBLI,

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SIDLAGHATTA TALUK,

CHIKKABALLAPURA DISTRICT

1(E) SRI.B.V.MUNIRAJU

S/O LATE VENKATARAMAPPA, AGED ABOUT 57 YEARS, R/AT SHRI VENKATADRI TENT HOUSE,

NEAR KRISHN MART SIDLAGHATTA ROAD, VIJAYAPURA, DEVANAHALLI TALUK,

BENGALURU RURAL DISTRICT-562135

…RESPONDENTS

(BY SRI.H.S.RAMAMURTHY, ADVOCATE)

THIS RSA IS FILED UNDER SEC.100 OF CPC., AGAINST THE JUDGMENT & DECREE DTD 12.7.2013 PASSED IN R.A.NO.76/2011 ON THE FILE OF THE SENIOR CIVIL JUDGE & JMFC., SIDLAGHATTA, ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGMENT AND DECREE DATED 19.11.2011 PASSED IN O.S.NO.201/2006 ON THE FILE OF THE PRL. CIVIL JUDGE & JMFC., SIDLAGHATTA.

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

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

ORAL JUDGMENT

The legal representative of the deceased appellant No.1 i.e., appellant No.2 and power-of-attorney holder of respondent No.1(a) and respondent Nos.1(b) and 1(e) are present before the Court, and they are identified by their respective counsel.

The parties to the appeal have filed a compromise petition, which reads as follows:

1. The Appellant had filed an original suit for Declaration, Permanent Injunction and for other consequential reliefs against the respondents in OS No.201/2006 before the Hon'ble Principal Civil Judge, Sidlaghatta with respect to the suit schedule properties. After considering the case on merits, the Hon'ble Trial Court decreed the suit filed by the appellant by its order dated: 19.11.2011.

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2. Aggrieved by the said order, the respondents herein had challenged the Judgement and Decree passed by the Hon'ble Trial Court before the Hon'ble Senior Civil Judge and JMFC at Sidlaghatta in Regular Appeal No.76/2011 wherein the first appellate Court gave anxious consideration to the facts and circumstances of the case and without considering the material documents produced by the Appellant, allowed the regular appeal on12.07.2013 by setting aside the Judgement and Decree and dismissed the suit.

3. The Appellant herein suffered by the impugned order passed by the Hon'ble First Appellate Court in RA No.76/2011, were constrained to approach this Hon'ble Court by filing the present regular second appeal.

4. It is submitted that during the pendency of the above appeal, there were deliberations between the parties to the lis and at the intervention of elders and well-wishers, the Appellant and Respondents have come forward to settle their dispute amicably to put an end to the litigation and thereafter both

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parties inter se are desirous of filing this compromise petition.

5. It is submitted that, the appellant has entered into an agreement of sale with one Sri C Girish and R Ravikumar with respect of the suit schedule properties, on behalf of the appellant one Sri C Girish and R Ravi Kumar paying below mentioned amount for respondents No.1(a) to 1(e) under the following terms and conditions.

a) Rs.9,60,000/- (Rupees Nine Lakhs Sixty Thousand only) by way of cheque bearing No.517125 dated 09.12.2025 drawn on State Bank of India, Banagirinagar Branch, Bengaluru in favour of the respondent No.1(a) Sri. B. V Narayanaswamy.

b) Rs.9,60,000/- (Rupees Nine Lakhs Sixty Thousand only) by way of Cheque bearing No.637454 dated 09.12.2025 drawn on Indian Overseas Bank, Koramangala Layout Branch, Bengaluru in favour of the respondent No.1(b) Sri. B.V Krishnappa.

c) Rs.9,60,000/- (Rupees Nine Lakhs Sixty Thousand only) by way of postdated cheque bearing

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No.517128 dated 09.12.2025 drawn on State Bank of India, Banagirinagar Branch, Bengaluru in favour of the respondent No.1(c) Sri. B V Munivenkata @ Muniyenkata.

d) Rs.9,60,000/- (Rupees Nine Lakhs Sixty Thousand only) by way of postdated Cheque bearing No.637453 dated 09.12.2025 drawn on Indian Overseas Bank, Koramangala Layout Branch, Bengaluru in favour of respondent No.1(d) Sri. B. V Muniyappa.

e) Rs.9,60,000/- (Rupees Nine Lakhs Sixty Thousand only) by way of postdated cheque bearing No.517129 dated 09.12.2025 drawn on State Bank of India, Banagirinagar Branch, Bengaluru in favour of the respondent No.1(e) Sri. B V Muniraju

The respondents, in view of the above, have acknowledged the receipt of payment of Rs.48,00,000/- (Rupees Forty-eight Lakhs only/-) given by the Appellant in the manner as stated above.

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6. The appellant submits that, Sri C Girish and R Ravikumar under takes to honor of the above said cheques issued in favour of respondent No.1(a) to respondent No.1(e), in the event the above said cheques dishonored, the present compromise petition order automatically recalled.

7. The respondents upon receiving the above said settlement amount from the Appellant, have agreed to put an end to the litigation.

8. The respondents further submit and undertake that, the respondents shall not claim any right, title or interest over the suit schedule properties in future nor shall they interfere in the properties in any manner either individually or through any of their agents, servants or assignees etc.

9. The respondents shall cancel all the transactions if any viz., agreements or contracts entered during the pendency of lis and that they shall have no objections to allow the above regular second appeal by decreeing the suit as prayed for in the suit in favour of the appellant.

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10. If so necessary, the respondents shall accompany the Appellant to get the revenue records transferred in their favour with respect to the suit properties in pursuant to this compromise deed.

11. There is no collusion, fraud or undue influence and coercion in arriving at this compromise petition and this compromise is lawful.

12. In consideration of the receipt of the above sum of Rs.48,00,000/- (Rupees Forty-eight Lakhs only/-) as full and final settlement towards the claim of the respondents. The respondents declare that, they have absolutely no claims of whatsoever in respect of the suit schedule property or any portion thereof.

In light of the above, the Appellant and respondents jointly pray that this Hon'ble Court may be pleased to dispose the above appeal in terms of this compromise petition, in the interest of justice and equity.

SCHEDULE PROPERTIES

1. All that piece and parcel of the agricultural land bearing Sy.No.435/1, measuring 1 acre 5 guntas situated at Bhkathrahalli Village, JangamakoteHobli,

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Sidlaghatta Taluk, Chikkaballapura District, along with bounded on the:

East by : Land of Kumbara Narayanappa, West by : Land of Kumbara Munishamappa, North by : Talavari Inamthi South by : Road.

2. All that piece and parcel of the agricultural land bearing Sy.No.435/2, measuring 1 acre 7 guntas and 5 guntas of Kharab situated at Bhkathrahalli Village, Jangamakote Hobli, Sidlaghatta Taluk Chikkaballapura District, bounded on the:

East by : Land of Kumbara Srinivasaiah, West by : Anjaneya Swamy Inamathi, North by : Road South by : Land of Krishna Shasthri.

3. All that piece and parcel of the agricultural land bearing Sy.No.435/4A, measuring 29 guntas along with Kharab land at Bhkathrahalli Village, JangamakoteHobli, Sidlaghatta Taluk, Chikkaballapura District, bounded on the: situated

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East by : Land of Kumbara Munishamaiah, West by : Road, North by : Hanumanthappa's Thopu, South by : Land of Kumbara Munishamaiah

The contents of the compromise petition are read over, and explained to the parties in Kannada language known to them. They have accepted the terms and conditions of the compromise petition, and accordingly, prays to dispose of the instant appeal in terms of the compromise petition.

The compromise petition is taken on record.

Perused the compromise petition, and I am

satisfied that the terms and conditions of the compromise petition are lawful.

In the circumstances, I do not find any legal

impediment to accept the compromise arrived at between

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the parties, and to dispose of this appeal by a decree of

compromise. Accordingly, I proceed to pass the following:

ORDER

(i) This Regular Second Appeal is disposed of in terms of the compromise, arrived at between the parties.

(ii) The Office is directed to draw up the final decree in terms of the compromise petition.

(iii) In view of the disposal of the appeal, pending interlocutory applications, if any, stand disposed of accordingly.

Sd/(ASHOK S.KINAGI) JUDGE

SSB