Sri. Gopal C Vs Smt. Padma C

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NC: 2026:KHC:30376 RFA No. 2510 of 2025

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19^TH DAY OF JUNE, 2026

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BEFORE

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THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR REGULAR FIRST APPEAL NO. 2510 OF 2025 (PAR)

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BETWEEN:

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SRI. GOPAL C S/O LATE CHANNAIAH C H, AGED ABOUT 60 YEARS, R/AT NO. 105/1, 20^TH MAIN, 22^ND CROSS, HOTEL CLASSIC INN, MARENAHALLI, VIJAYANAGAR BENGALURU – 560 040.

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…APPELLANT

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(BY SRI. VASANTH KUMAR H.T, ADVOCATE)

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AND:

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Digitally signed by THEJAS KUMAR N Location: HIGH COURT OF KARNATAKA

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SMT. PADMA C

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W/O ARASAPPA, AGED ABOUT 60 YEARS, R/AT NO. 124, 2^ND E CROSS, 3^RD BLOCK, NAGARABHAVI, BENGALURU – 560 072.

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PRASANNA C

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S/O LATE CHANNAIAH C H, AGED ABOUT 45 YEARS, R/AT NO.2 MAGADI MAIN ROAD, AGRAHARA DASAHALLI, BENGALURU – 560 040.

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SHOBA C W/O M GANESH,

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2 - NC: 2026:KHC:30376 RFA No. 2510 of 2025

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HC-KAR

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AGED ABOUT 55 YEARS, R/AT NO. 581, 4^TH STAGE, 4^TH PHASE, J P NAGARA, BENGALURU – 560 078.

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…RESPONDENTS

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(BY SRI. S.P. NADUVINAMANI, ADVOCATE/CR/R1)

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THIS RFA IS FILED UNDER SCTION 96 R/W ORDER XVLI RULE 1 OF CPC, AGAINST THE JUDGMENT AND DECREE PASSED IN O.S.NO.4223/2020 DATED 01-08-2025, ON THE FILE OF XLII ADDL. CITY CIVIL & SESSIONS JUDGE BENGALURU AND ETC.,

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

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CORAM: HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR

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ORAL JUDGMENT

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The appellant and respondent Nos.1 to 3 are personally present before the Court along with their respective Advocates and submitted a memorandum of Compromise Petition filed under Order XXIII Rule 3 of CPC. They have submitted that they have compromised the matter each other amicably on their own will and wish without any undue influence and coercion by any other third party. Therefore, requested to dispose of the appeal in terms of the compromise petition.

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3 - NC: 2026:KHC:30376 RFA No. 2510 of 2025

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HC-KAR

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Their submission is placed on record.

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To the compromise petition, the appellant and

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respondent Nos.1 to 3 have put their respective signatures and the Advocates for both the parties have also put their respective signatures. The compromise petition is annexed with verifying affidavit along with sketch and arrangements made between them. The compromise petition reads as under:

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”MEMORANDUM OF COMPROMISE PETITION UNDER

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ORDER XXIII RULE 03 OF CPC

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1. That the appellant and respondents are children of Late Channaiah C. H. his wife T. Lakshmamma who, died leaving behind respondents and appellants as legal heirs.

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2. That T. Lakshmamma died leaving behind a site bearing Old Municipal No. 20 in Industrial Town, Ward No. 21 and New BBMP assigned Khata PID No. 21-116-20 situated at 4^th Stage, 4^th Block, West of Chord Road, Bengaluru a small sheet-house (referred to as suit 'A' schedule property).

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3. That Late Channaiah C. H. died leaving behind following properties:

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HC-KAR

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Sy. No. Total Extent Kharab Remaining Extent i. 19/3 01-35 0-03 01-32 ii. 19/4 01-30 0-03 01-27 iii. 19/5 01-22 0-02 01-20

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Above landed properties are situated at Guddegowdana Channohalli village, Thyamagondalu Hobli, Nelamangala Taluk, Bengaluru Rural District (referred to as suit 'B' schedule property).

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4. That both appellant and respondents succeeded the suit property after death of their parents. A suit O.S. No. 4223/2020 before the 43^rd Additional City Civil and Sessions Judge, Bengaluru (CCH-44) was filed by the respondents seeking 1/4^th share each and same was decreed vide judgment and decree dated 01/08/2025, which was challenged by the appellant before this Hon'ble court in present appeal.

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5. That when matter stood thus, the appellant and the respondents, on advise of the elderly members of the family and well wishers, decided to amicably settle the matter. Accordingly, a sketch is prepared making of the 'B' suit schedule property into eleven Blocks and remarked the road approach required. Said sketch is annexed to this deed and it forms part and parcel of this deed. A sketch prepared in respect of 'A schedule property’ also annexed to this deed. Now this deed of compromise is executed

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NC: 2026:KHC:30376 RFA No. 2510 of 2025

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HC-KAR

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partitioning the suit schedule property in following manner:

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i. Share allotted to Sri. Gopal C. S/o late Channaiah C. H.:

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a) from western side of 'A' schedule property, to an extent of West to East-12 feet and North to South-80 feet totally measuring 960 square feets in the 'A' suit schedule property;

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b) an extent of 10.08 guntas including 0.04 guntas kharab land in Sy. No. 19/5 of Guddegowdanan Channohalli village (demarked as Block-VIII) in the 'B' suit schedule property;

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c) an extent of 01 acre and 11.04 guntas including 02.04 guntas kharab land in Sy. No. 19/4 of Guddegowdana Channohalli village(demarked as Block-IX) and

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d) 50% share in 05.04 guntas in Sy. No. 19/4 of Guddegowdana Channohalli village (demarked as Block-XI) in the 'B' suit schedule property;.

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ii. Share allotted to Smt. Padma C., W/o Arasappa,

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a) from eastern side of 'A' schedule property, to an extent of West to East-06 feet and North to South- 80 feet totally measuring 480 square feet in 'A' suit schedule property and

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b) an extent of 32 guntas including 01.12 guntas kharab land in Sy. No. 19/5 of Guddegowdana Channohalli village (demarked as Block-I) in the 'B' suit schedule property.

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HC-KAR

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iii. Share allotted to Sri. Prasanna C. S/o late Channaiah C. H.:

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a) from western side of 'A' schedule property after share of Sri. Gopal C. S/o late Channaiah C. H., to an extent of West to East- 12 feet and North to South- 80 feet totally measuring 960 square feet in 'A' schedule property;

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b) an extent of 10 guntas including 0.04 guntas land in Sy. No. 19/3 of Guddegowdana Channohalli village (demarked as Block-IV) in the 'B' suit schedule property;

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c) an extent 10.08 guntas including 0.04 guntas kharab land in Sy. No. 19/5 of Guddegowdanan Channohalli village (demarked as Block-V) in the 'B' suit schedule property;

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d) an extent of 01 acre and 0.12 guntas including 01.08 guntas kharab land in Sy. No. 19/5 of Guddegowdanan Channohalli village (demarked as Block-VI) in the 'B' suit schedule property and

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e) 50% share in 05. 04 guntas in Sy. No. 19/4 of Guddegowdana Channohalli village (demarked as Block-XI) in the 'B' suit schedule property.

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iv. Share allotted to Smt. Shoba C. W/o M. Ganesh,

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a) from eastern side of 'A' schedule property after share of Smt. Padma C., W/o Arasappa, to an extent of West to East-06 feet and North to South-80 feet totally measuring 480 square feet in 'A' schedule property and

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NC: 2026:KHC:30376 RFA No. 2510 of 2025

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HC-KAR

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b) an extent 30 guntas including 0.01 guntas kharab land in Sy. No. 19/3 of Guddegowdana Channohalli village (demarked as Block-II) in the 'B' suit schedule property.

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V. Blocks No. III, VII and X in the 'B' suit schedule property demarked in sketch are exclusively reserved for road having 15 feet length. All share holders have equal rights to use the said roads, however, no share holder is entitled to obstruct or encroach the said roads.

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vi. All the share holders are liable to pay tax, cess, fee for survey etc., to the extent of property allotted to each share holder.

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6. NOW THIS COMROMISE DEED WITNESSES AS FOLLOWS:

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The parties state that the compromise is arrived voluntarily valuing the family relationship and no one compelled the parties to comprise the case.

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In witness whereof the parties aforementioned have signed his deed of partition.”

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4. Accordingly, the appeal is disposed of in terms

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of the compromise petition.