Sri.T.C Srinivas Vs Sri. Ramanna — Karnataka HC (2026) — LawSathi Research

Sri.T.C Srinivas Vs Sri. Ramanna — Karnataka HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Regular Second Appeal disposed of in terms of the compromise petition: appellants to execute sale deed of the suit schedule property in favour of respondents, cooperate in getting the 11E sketch and furnish NOC regarding repayment of their loan, against receipt of Rs.5,00,000/- at the time of registration; Rs.1,00,000/- in deposit in Execution Petition No.74/2023 released to the appellants on proper identification; Registry to draw the decree in terms of the compromise, refund the Court fee and transmit records to the Trial Court forthwith.

Issue for consideration

Whether the compromise petition filed under Order 23 Rule 3 CPC should be accepted and the Regular Second Appeal disposed of in terms of the compromise, including release of the amount deposited in Execution Petition No.74/2023 to the appellants.

Court's answer

The compromise petition filed under Order 23 Rule 3 CPC is accepted; the parties have understood its terms.

Ratio / Principle

In terms of the compromise, the appellants agreed to execute the sale deed in respect of the suit schedule property in favour of the respondents and to cooperate in getting the 11E sketch, as against receipt of Rs.5,00,000/- payable at the time of registration.

Key takeaways

The appellants also agreed to furnish the NOC to the respondents before registration of the document with regard to repayment of the loan borrowed by the appellants.ratio¶¶37
The amount of Rs.1,00,000/- in deposit in Execution Petition No.74/2023 is payable to the appellants on proper identification, the respondents having no objection to its release.ratio¶¶42
The Registry is directed to draw the decree in terms of the compromise petition, refund the Court fee in accordance with law, and transmit the records to the Trial Court forthwith to enable the appellants to withdraw the amount in deposit.

Detailed headnote1 paragraphs

Regular Second Appeal No. 2212 of 2023 (SP), filed under Section 100 CPC against the judgment and decree dated 20.06.2023 in R.A.No.67/2018 (II Additional District and Sessions Judge, Chikkamagaluru), which had dismissed the first appeal and confirmed the judgment and decree dated 01.10.2018 in O.S.No.09/2017 (Senior Civil Judge and Prl. JMFC, Tarikere), was disposed of in terms of a compromise petition under Order 23 Rule 3 CPC. Under the compromise, the appellants agreed to execute the sale deed of the suit schedule property in favour of the respondents, cooperate in getting the 11E sketch, and furnish an NOC regarding repayment of the loan borrowed by them, against receipt of Rs.5,00,000/- payable at the time of registration. The Rs.1,00,000/- in deposit in Execution Petition No.74/2023 was held payable to the appellants on proper identification, the respondents raising no objection. The Registry was directed to draw the decree in terms of the compromise petition, refund the Court fee, and transmit the records to the Trial Court forthwith to enable withdrawal of the deposited amount.

1 - NC: 2026:KHC:7173 RSA No. 2212 of 2023

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 6^TH DAY OF FEBRUARY, 2026

BEFORE

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

REGULAR SECOND APPEAL NO.2212 OF 2023 (SP)

BETWEEN:

SRI. T.C SRINIVAS, S/O CHANNABASAPPA, SINCE DEAD BY LRS.

(AMENDED VIDE COURT ORDER DATED 29.10.2025)

SMT. RADHA, W/O T.C. SRINIVAS, AGED ABOUT 48 YEARS, HOUSEWIFE.

Digitally signed by DEVIKA M Location: HIGH COURT OF KARNATAKA

SMT. T.S. VEENA, D/O T.C. SRINIVAS, AGED ABOUT 29 YEARS, HOUSEWIFE.

SRI. T.S. CHIDANANDA, S/O T.C. SRINIVAS, AGED ABOUT 26 YEARS, AGRICULTURIST CUM STUDENT.

ALL ARE R/O SALUMARADAMMA STREET, KAMMANAHATTI, TARIKERE TOWN, CHIKKAMAGALURU DISTRICT-577228.

…APPELLANTS

(BY SRI. GOPALAKRISHNAMURTHY C., ADVOCATE)

2 - NC: 2026:KHC:7173 RSA No. 2212 of 2023

HC-KAR

AND:

SRI. RAMANNA, SINCE DEAD BY HIS LRS.

SMT. DEVAMMA, W/O LATE RAMANNA, AGED ABOUT 54 YEARS, HOUSEWIFE.

SRI. R. MAHESH, S/O LATE RAMANNA, AGRICULTURIST, AGED ABOUT 36 YEARS, AGRICULTURIST.

SRI. SHIVAMURTHY, S/O LATE RAMANNA, AGED ABOUT 29 YEARS, AGRICULTURIST.

SMT. PAVITHRA, D/O RAMANNA, AGED ABOUT 27 YEARS, HOUSEWIFE.

RESPONDENTS NO.1 TO 4 ARE R/O BASAVANAGARA, M.C. HALLI VILLAGE, TARIKERE TALUK, CHIKKAMAGALURU DISTRICT-577228.

…RESPONDENTS

(BY SRI. RAVI H.K., ADVOCATE FOR R1 TO R4)

THIS RSA IS FILED UNDER SECTION 100 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 20.06.2023 PASSED IN R.A.NO.67/2018 ON THE FILE OF II ADDITIONAL DISTRICT AND SESSIONS JUDGE, CHIKKAMAGALURU, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 01.10.2018 PASSED IN O.S.NO.09/2017

3 - NC: 2026:KHC:7173 RSA No. 2212 of 2023

HC-KAR

ON THE FILE OF SENIOR CIVIL JUDGE AND PRL. JMFC, TARIKERE.

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

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

ORAL JUDGMENT

The appellant No.1 is no more, appellant Nos.2 and 4 are present, appellant No.3 is absent, but filed general power of attorney and all the respondents are present.

The parties have filed the compromise petition under Order 23 Rule 3 of CPC. In terms of the compromise, the appellants have agreed to execute the sale deed in respect of the suit schedule property in favour of the respondents and also cooperate in getting the 11E sketch, as against the receipt of Rs.5,00,000/- to be paid at the time of registration. The appellants have also agreed to furnish the NOC to the respondents before registration of the document with regard to the repayment of loan borrowed by the appellants.

The parties have understood the terms of the compromise. Hence, the compromise petition is accepted. The amount in deposit made by the respondents before the Trial

4 -

NC: 2026:KHC:7173 RSA No. 2212 of 2023

HC-KAR

Court in Execution Petition No.74/2023 to the tune of Rs.1,00,000/- is payable to the appellants, on proper identification and the respondents have no objection to release the amount in favour of the appellants.

The Regular Second Appeal is disposed of in terms of the compromise.

The Registry is directed to draw the decree in terms of the compromise petition and refund the Court fee in accordance with law. The Registry is also directed to transmit the records to the Trial Court forthwith, to enable the appellants to withdraw the amount in deposit.

Sd/(H.P.SANDESH) JUDGE

MD List No.: 1 Sl No.: 6