Sri. Basavaraju N Vs Sri. M.B.Mahadevaiah — Karnataka HC (2025) — LawSathi Research

Sri. Basavaraju N Vs Sri. M.B.Mahadevaiah — Karnataka HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Compromise accepted under Order XXIII Rule 3 CPC: respondent Nos.1 to 3, 5 and 11 relinquish their right, share and interest in the suit schedule property in favour of the appellant against payment (Rs.50,000 to R1 and R2; Rs.30,000 to R3 and R5; Rs.25,000 to R11), confirm the registered sale deed and declare no future claim; appeal disposed in terms of compromise; pending I.As. dismissed.

Ratio / Principle

The compromise petition filed by the appellant and respondent Nos.1 to 3, 5 and 11 under Order XXIII Rule 3 CPC is accepted, the parties having understood and accepted its contents.

Key takeaways

In terms of the compromise, respondent Nos.1 to 3, 5 and 11 give up/relinquish their right, share and interest in the suit schedule property in favour of the appellant against receipt of monetary consideration.ratio¶49
The shares of respondent Nos.1, 2, 3, 5 and 11 in the schedule property stand fully settled; they confirm the registered sale deed having received the amounts, and declare no future claim in respect of the suit schedule property.ratio¶59

Detailed headnote1 paragraphs

HIGH COURT OF KARNATAKA AT BENGALURU (H.P. Sandesh, J., 21.07.2025) — Regular Second Appeal No.636 of 2024 (DEC/PAR), filed under Section 100 CPC against the judgment and decree dated 15.12.2023 in R.A.No.538/2019 (VII Additional District and Sessions Judge, Mysuru), which had confirmed the judgment and decree dated 17.09.2019 in O.S.No.460/2004 (Additional Court of Small Causes, Mysuru). Before orders, the appellant and respondent Nos.1 to 3, 5 and 11 filed a compromise petition under Order XXIII Rule 3 CPC, all signatories being present with counsel. Terms: respondent Nos.1 to 3, 5 and 11 gave up/relinquished their right, share and interest in the suit schedule property in favour of the appellant against consideration — Rs.50,000/- for the shares of R1 and R2 (two crossed cheques of Rs.25,000/- each); Rs.30,000/- for the shares of R3 and R5 (two crossed cheques of Rs.15,000/- each); Rs.25,000/- for the share of R11 (crossed cheque). The respondents confirmed the registered sale deed and declared no future claim regarding the schedule property. The Court found the parties understood and accepted the compromise, accepted the petition, disposed of the appeal in terms of the compromise, and dismissed pending I.As., if any.

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NC: 2025:KHC:27349 RSA No. 636 of 2024

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 21^ST DAY OF JULY, 2025

BEFORE

THE HON'BLE MR. JUSTICE H.P.SANDESH

REGULAR SECOND APPEAL NO.636 OF 2024 (DEC/PAR)

BETWEEN:

SRI. BASAVARAJU N., S/O LATE NAGAIAH AGED ABOUT 54 YEARS R/AT NO.2376/A, NEW NO.CH 18/1 4^TH CROSS, KANTARAJ URS ROAD K.G.KOPPALU, CHAMARAJA MOHALLA MYSURU-570 023.

…APPELLANT

(BY SRI. KALYAN R., ADVOCATE)

AND:

Digitally signed by DEVIKA M Location: HIGH COURT OF KARNATAKA

SRI. M.B.MAHADEVAIAH SINCE DEAD BY LRS.

SMT. M.KALPANA W/O M.T.MANJUNATHA D/O LATE M.B. MAHADEVAIAH AGED ABOUT 59 YEARS R/AT NO.8, NEW KANTHARAJ URS ROAD NIVEDITANAGAR MYSURU – 570 022.

MADHUKAR S/O LATE M.B. MAHADEVAIAH AGED ABOUT 57 YEARS R/AT NO.116, 7^TH CROSS CHBS LAYOUT, VIJAYANAGAR BENGALURU - 560 040.

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SMT. CHIKKABORAMMA @ THAYAMMA W/O LATE M.B.SIDDALINGAIAH AGED ABOUT 70 YEARS

MAHADEVA S/O LATE M.B.SIDDALINGAIAH AGED ABOUT 43 EYARS

JAGADISH S/O LATE M.B.SIDDALINGAIAH AGED ABOUT 51 YEARS

RESPONDENTS NO.1 TO R5 ARE R/AT NO.2376, CH 18, KANTHARAJ URS ROAD K.G.KOPPALU, MYSURU-570 005.

M.B.KRISHNAPPA SINCE DEAD BY LRS.

SMT. SHANTHAMMA W/O LATE M.B. KRISHNAPPA AGED ABOUT 68 YEARS

PALLAVI D/O LATE M.B.KRISHNAPPA AGED ABOUT 47 YEARS

BOTH R/AT NO.28, BANK EMPLOYEE COLONY BOGADI MYSURU-570 026.

PUTTALINGAMMA SINCE DEAD, REP. BY LRS D1(a) and 1(b)

SMT. ANNAPOORNAMMA W/O LATE M.B.CHOWDAIAH AGED ABOUT 66 YEARS

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C. MAHESH S/O LATE M.B. CHOWDAIAH AGED ABOUT 51 YEARS

SMT. B MADHUMATHI D/O LATE M.B.CHOWDAIAH AGED ABOUT 53 YEARS

RESPONDENTS NO.8 TO R10 ARE ALL R/AT DP/MP/41 4^TH MAIN, 7^TH ‘A’ CROSS RPC LAYOUT, VIJAYANAGAR BENGALURU-560 040.

M.B.LAKSHMAMMA W/O G. SHANKAR AGED ABOUT 69 YEARS R/AT NO.515, 11^TH CROSS WEST OF CHORD ROAD 2^ND STAGE, 1^ST BLOCK RAJAJINAGAR BENGALURU-560 010.

M.C.RAMESH S/O M.B.CHOWDAIAH AGED ABOUT 50 YEARS R/AT DP/MP/41, 4^TH MAIN 7^TH ‘A’ CROSS, RPC LAYOUT VIJAYANAGARA BENGALURU-560 040.

…RESPONDENTS

(BY SRI. NAVEEN CHANDRA N., ADVOCATE FOR R1 TO R3, R5 AND R11; R4, R6 TO R10 ARE DELETED)

THIS RSA IS FILED UNDER SECTION 100 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 15.12.2023 PASSED IN R.A.NO.538/2019 ON THE FILE OF THE VII ADDITIONAL DISTRICT AND SESSIONS JUDGE, MYSURU, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT

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AND DECREE DATED 17.09.2019 PASSED IN O.S.NO.460/2004 ON THE FILE OF THE ADDITIONAL COURT OF SMALL CAUSES, MYSURU AND ETC.

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

CORAM: HON'BLE MR. JUSTICE H.P.SANDESH

ORAL JUDGMENT

The appellant and respondent Nos.1 to 3, 5 and 11 have filed compromise petition under Order 23 Rule 3 of CPC and all of them have signed the compromise petition.

The appellant and respondent Nos.1 to 3, 5 and 11 are present before the Court along with their respective counsel.

In terms of the compromise, the respondents hereby give up or relinquish their right, share and interest in respect of the suit schedule property in favour of the appellant herein by receiving money from the appellant as follows:

a. The value of the share of respondent Nos.1

and 2 is arrived at Rs.50,000/- and the

NC: 2025:KHC:27349 RSA No. 636 of 2024

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said amount is paid by way of two crossed cheques drawn in favour of respondent Nos.1 and 2 each Rs.25,000/-;

b. Respondent Nos.3 and 5 share is arrived at Rs.30,000/and the said sum of Rs.30,000/- is paid by way of crossed Cheque drawn in favour of respondent Nos.3 and 5 that is Rs.15,000/- each by way of two cheques;

c. The value of the share of respondent No.11 is arrived at Rs.25,000/- and the said amount is paid by way of crossed Cheque.

In terms of the compromise, the share of

respondent Nos.1, 2, 3, 5 and 11 is fully settled as mentioned above with respect of the schedule property and respondents herein do hereby confirmed the registered sale deed having received the above mentioned

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amount and also declared that there is no future claim whatsoever in respect of the suit schedule property.

Parties have understood the contents of the

compromise and accepted the same. The compromise petition is accepted.

This compromise is also in respect of respective shares of respective respondents who have received the consideration. Accordingly, this Regular Second Appeal is disposed of in terms of the compromise.

In view of disposal of the main appeal, I.As. if

any, do not survive for consideration and the same stand dismissed.

Sd/(H.P.SANDESH) JUDGE

ST/SN List No.: 1 Sl No.: 21