Sri. Munibyregowda Vs Sri. Kemparamu — Karnataka HC (2026) — LawSathi Research

Sri. Munibyregowda Vs Sri. Kemparamu — Karnataka HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Appeal disposed of on the basis of the compromise petition under Order 23 Rule 3 CPC accepted subject to realisation of cheque; judgment and decree modified and decree to be drawn per compromise terms: respondent No.4 to convey 9 guntas ('B' schedule property) out of 1 acre 3 guntas ('A' schedule property) to appellant No.5 by registered sale deed within four months (with cooperation for 11-E sketch), consideration of Rs.6,07,500/- already paid by cheque No.361288 dated 12.04.2026 and possession delivered; appellants not to interfere with the 34 guntas retained by respondent No.4; respondents to withdraw claims/complaints against appellants; if the cheque is dishonoured, respondents may move the Court to re-open the case.

Issue for consideration

Whether the compromise petition filed by the appellants and respondent No.4 under Order 23 Rule 3 of the Code of Civil Procedure, settling the dispute amicably, should be accepted and the second appeal disposed of in terms thereof. +1 more

Court's answer

The compromise petition filed jointly by the appellants and respondent No.4 is accepted, subject to realisation of the cheque for Rs.6,07,500/- handed over in open Court; in case the cheque is not honoured, the respondents are at liberty to move the Court and re-open the case.

Ratio / Principle

On enquiry, the parties submitted that they voluntarily executed the compromise petition, affixed their signatures having understood its terms and conditions, and that there was no force, coercion or ill-will in signing or accepting it.

Key takeaways

In view of the compromise petition, the appeal is disposed of; the judgment and decree stand modified and a decree shall be drawn according to the terms of the compromise petition.ratio¶¶89

Detailed headnote1 paragraphs

High Court of Karnataka (Pradeep Singh Yerur, J.), RSA No.1025 of 2025 (DEC/INJ) under Section 100 CPC against the judgment and decree dated 03.05.2025 in RA.No.5112/2023 (II Addl. District & Sessions Judge, Ramanagara at Kanakapura), which had allowed the first appeal and set aside the judgment and decree dated 06.12.2023 in OS.No.135/2014 (Senior Civil Judge and JMFC, Kanakapura). Before orders, the appellants (legal representatives of deceased Munibyregowda) and respondent No.4 (respondents 1 to 3 having been deleted vide order dated 10.04.2026) filed a compromise petition under Order 23 Rule 3 CPC: respondent No.4 agreed to sell 9 guntas ('B' schedule property) out of 1 acre 3 guntas ('A' schedule property) to appellant No.5 Smt. Anitha for Rs.6,07,500/-, paid in open Court by cheque No.361288 dated 12.04.2026 on Karnataka Bank Ltd., Raghuvanahalli Branch; possession of the 'B' schedule property was delivered the same day; respondent No.4 undertook to execute a registered sale deed within four months with cooperation in obtaining the 11-E sketch, failing which appellant No.5 may enforce the decree through the Court; appellants undertook non-interference with the 34 guntas retained by respondent No.4 and indemnity against third-party encumbrances; respondents agreed to withdraw all claims and complaints. The Court, having satisfied itself that the compromise was voluntary and free from coercion, accepted it subject to realisation of the cheque (dishonour entitling respondents to seek re-opening), disposed of the appeal, modified the judgment and decree, and directed a decree to be drawn per the compromise terms.

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NC: 2026:KHC:20121 RSA No. 1025 of 2025

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 10^TH DAY OF APRIL, 2026

BEFORE

THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR REGULAR SECOND APPEAL NO. 1025 OF 2025 (DEC/INJ)

BETWEEN:

SRI. MUNIBYREGOWDA SINCE DEAD BY HIS LRS

SMT. BYRAMMA W/O LATE MUNIBYREGOWDA, AGE 76 YEARS

SRI. BYREGOWDA S/O LATE MUNIBYREGOWDA, AGE 50 YEARS

SRI. RAMESH S/O LATE MUNIBYREGOWDA, AGE 47 YEARS

Digitally signed by B LAVANYA Location: HIGH COURT OF KARNATAKA

SRI. KUMAR S/O LATE MUNIBYREGOWDA, AGE 45 YEARS

SMT. ANITHA D/O LATE MUNIBYREGOWDA, AGE 43 YEARS

ALL ARE RESIDING AT THOPPAGANAHALLI VILLAGE, KASABA HOBLI, KANAKAPURA TALUK, RAMANAGHARA DISTRICT-562117.

&APPELLANTS

(BY SRI. V.VISWANATH SETTY, ADVOCATE)

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AND:

SRI. KEMPARAMU S/O LATE CHOWDEGOWDA AGED ABOUT 56 YEARS

SMT. MAHADEVAMMA, W/O KEMPARAMU AGED ABOUT 47 YEARS

SRI. ARUNA, S/O KEMPARAMU AGED ABOUT 30 YEARS

RESPONDENTS NO.1 TO 3 ARE RESIDING AT THOKKASANDRA VILLAGE, MARALAVADI HOBLI, KANAKAPURA TALUK, RAMANAGARA DISTRICT -562 159. (RESPONDENTS NO.1 TO 3 ARE DELETED VIDE COURT ORDER DATED 10.04.2026)

SRI. K.B.NAGARAJU S/O LATE K.M.BASAVEGOWDA AGED ABOUT 84 YEARS RESIDING AT 4TH CROSS VIVEKANANDANAGARA, KANAKAPURA TOWN AND TALUK, RAMANAGARA -562 159

&RESPONDENTS

(BY SRI. ANIL KUMAR, ADVOCATE FOR C/R4; VIDE COURT ORDER DATED 10.04.2026 R1 TO R3 ARE DELETED)

THIS RSA IS FILED UNDER SECTION 100 CPC, AGAINST THE JUDGMENT AND DECREE DATED 03.05.2025 PASSED IN RA.NO.5112/2023 ON THE FILE OF THE II ADDITIONAL DISTRICT AND SESSIONS JUDGE, RAMANAGARA SITTING AT KANAKAPURA, ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGMENT AND DECREE DATED 06.12.2023 PASSED IN OS.NO.135/2014 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, KANAKAPURA.

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

CORAM: HON'BLE MR. JUSTICE PRADEEP SINGH YERUR

ORAL JUDGMENT

Learned counsel for the appellants and learned

counsel for respondents are present along with respective parties being the appellants and respondents.

Today they have filed compromise petition under Order 23 Rule 3 of the Code of Civil Procedure, to settle the matter amicably and to resolve the dispute once for all. The compromise petition reads as under:

"5. In pursuance of the amiable settlement arrived between the appellants and the respondent No.4, that the respondent No.4 has offered and agreed to sell a portion of the 'A' schedule property to this compromise petition measuring 9 guntas of land out of 1 acre 3 guntas, which is morefully described in the schedule hereunder and referred to as 'B' schedule property to this compromise petition for a valuable consideration of Rs.6,07,500/- (Rupees Six lakhs Seven thousand Five hundred only) in

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favour of the appellant No.5, for which offer the appellant No.5 has agreed to purchase the 'B' schedule property to this compromise petition and accordingly the appellant No.5 has paid a sum of Rs. 6,07,500/- (Rupees Six lakhs Seven thousand Five hundred only) to the respondent No.4 as follows:

a) A sum of Rs.6,07,500/- (Rupees Six lakhs Seven thousand Five hundred only) by way of Cheque bearing No.361288, dated 12.04.2026 drawn on Karnataka Bank Ltd., Raghuvanahalli Branch in favour of the respondent No.4 before the court towards full and final settlement of the sale consideration amount in respect of the B schedule property.

b) The respondent No.4 has duly acknowledged the receipt of the said amount of 6,07,500/- (Rupees Six lakhs Seven thousand Five hundred only) from the appellant No.5 as stated above before the Court.

6. The respondent No.4 has today delivered and put the appellant No.5 in physical possession of the 'B' schedule property to this compromise petition. Accordingly, the appellant No.5 has

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taken possession of the same from the respondent No.4.

7. The respondent No.4 hereby agreed and declared that he will not interfere with the peaceful possession and enjoyment of the appellant No.5 of the 'B' schedule property to this compromise petition.

8. The respondent No.4 has agreed and undertakes to execute the valid proper registered sale deed conveying all right, title, interest and possession over the suit schedule property in favour of the appellant No.5 in respect of the B schedule property as early as possible within four months on obtaining 11-E sketch and all other relevant documents pertains to the schedule property.

9. It is agreed between the appellant No.5 and the respondent No.4 that the respondent No.4 will co-operate with the appellant No.5 for obtaining 11-E sketch within four months and to get prepare the same from the revenue / survey authority to complete the sale transaction as early as possible before the time fixed above. In the event if the respondent No.4 failed to cooperate with the appellant No.5 for obtaining 11E sketch and to execute the registered sale deed

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by conveying all right, title, interest and possession over the suit schedule property in favour of the appellant No.5, the appellant No.5 is at liberty to enforce the decree that would be passed by this Hon'ble Court and to get the registered sale deed through the Hon'ble Court.

10. The respondent No.4 hereby undertakes that he will not claim any further or additional consideration amount from the appellant No.5 at the time of executing the registered sale deed in favour of the appellant No. 5.

11. The appellants undertakes and declare that they will not interfere with the peaceful possession and enjoyment of the respondent No.4 in respect of 34 guntas of land in the 'A' schedule property, which is retained by the respondent No.4 after selling 9 guntas of 'B' schedule property in favour of the appellant No.5.

12. The appellants No.1 to 4 have no objection for the respondent No.4 to sell the 'B' schedule property in favour of the appellant No.5 and that the appellants No.1 to 4 hereby agreed and declared that the appellant No.5 shall be at liberty to get the registered sale deed from the respondent No.4 as per the terms agreed under this compromise petition.

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13. The appellants further declare that neither themselves nor Munibyregowda have created any encumbrance over the suit schedule 'A' property in favour of third parties. If at all, any such act is done by the appellants then the same is not binding on the respondent No.4 and the appellants undertake to indemnify to the respondents in any such act and shall also undertake that they shall clear all such claims by third parties, if any, in respect of the suit schedule 'A' property at their own cost.

14. The appellants undertakes and declare that they will not interfere with the peaceful possession and enjoyment of the respondent No.4 in respect of 34 guntas of land in the 'A' schedule property, which is retained by the respondent No.4 after selling 9 guntas of 'B' schedule property in favour of the appellant No.5.

15. The appellants No.1 to 4 have no objection for the respondent No.4 to sell the 'B' schedule property in favour of the appellant No.5 and that the appellants No. 1 to 4 hereby agreed and declared that the appellant No.5 shall be at liberty to get the registered sale deed from the respondent No.4 as per the terms agreed under this compromise petition and to enjoy the 'B'

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schedule property as absolute owner thereof and to deal with the same as she deems fit in the circumstances.

16. The appellants No.1 to 4 are also hereby agreed and declares that the appellant No.5 shall become absolute owner of the 'B' schedule property to this compromise petition and she is at liberty to enjoy the same as she deems fit in the circumstances on getting the sale deed registered in her favour.

17. The appellants and the respondents have amicably settled the above dispute in order to have peace and to maintain good relationship among themselves.

18. The respondents hereby agreed to withdraw all the claims, complaints and litigations if any raised by them against the appellants.

19. That the respondents agreed that there are no other claims or dues whatsoever in nature against the appellants and likewise the appellants have no dues or claims against the respondents. Both the appellants and the respondents have agreed to comply with the terms and conditions of this compromise petition.

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20. The contents of this compromise petition has been understood by both the parties to this compromise petition and the parties herein have signed this compromise petition on their own free will and volition.

21. The appellants and the respondents have settled the matter amicably among themselves out of their own free will and wish and there is no coercion or force against each other in settling the matter."

It is the contention of learned counsel for the appellants that appellant No.5 - Smt.Anitha with consent of other appellants have agreed to pay a sum of Rs.6,07,500/- (Rupees Six lakh seven thousand five hundred only) by way of cheque bearing No.361288 dated 12.04.2026 drawn on Karnataka Bank Ltd., Raghuvanahalli Branch in favour of respondent No.4 for which respondent No.4 shall transfer the title by way of sale deed and deliver the vacant physical possession of 'B' schedule property to appellant No.5 for the said consideration of Rs.6,07,500/- and thereafter would not

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interfere with peaceful possession and enjoyment of the

suit schedule property. The cheque for a sum of Rs.6,07,500/- has been handed over in the open Court and the same is accepted by respondent No.4 and identified by his counsel. The said cheque, however, would be subject to realisation. In case the cheque is not honoured, respondents are at liberty to move this Court and re-open the case.

This Court has enquired with the appellants and respondent No.4 and they have submitted that they have voluntarily executed the compromise petition and affixed their signatures and executed the document having understood the terms and conditions of the compromise petition. Having been briefed and informed by the learned counsel for the appellants and so also, respondent No.4, it is also submitted that there is no force, coercion or ill-will in signing or accepting the compromise petition filed today. Under the circumstances, the compromise petition filed by the appellants and respondent No.4 together is

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accepted subject to realisation of cheque and the terms

and conditions stipulated in the compromise petition.

In view of the compromise petition, this appeal is disposed of . Judgement and Decree stands modified and a decree shall be drawn according to the terms of the

compromise petition.

Ordered accordingly.

Sd/(PRADEEP SINGH YERUR) JUDGE

DKB

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