Sri Mahabala Poojary Vs Smt Rajeevi Poojarthi — Karnataka HC (2026) — LawSathi Research

Sri Mahabala Poojary Vs Smt Rajeevi Poojarthi — Karnataka HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Appeal disposed of in terms of the compromise petition: respondent paid Rs.40,000/- to the appellant towards the value of suit 'B' schedule property as full and final settlement; respondent recognised as absolute owner of suit 'B' schedule property; appellant directed to execute a registered sale deed in favour of the respondent within six months; I.A.No.1/2013 disposed of as not surviving.

Issue for consideration

Ownership of and entitlement to suit 'B' schedule property as between the appellant and the respondent, resolved by compromise (appellant to receive Rs.40,000/- towards its value; respondent to be declared absolute owner).

Ratio / Principle

By compromise petition, the parties settled the matter: the appellant is entitled to receive Rs.40,000/- from the respondent towards the value of suit 'B' schedule property as a final and full settlement.

Key takeaways

The respondent paid Rs.40,000/- to the appellant by demand draft dated 17.02.2026 bearing No.146643357 drawn on Indian Overseas Bank, Varanga Branch, towards the value of suit 'B' schedule property.ratio¶28
It was agreed that the appellant has no objection to the respondent being declared the absolute owner of suit 'B' schedule property, and that a registered sale deed would be executed.ratio¶29
The appeal is disposed of in terms of the compromise, directing the appellant to execute a registered sale deed regarding suit 'B' schedule property in favour of the respondent within a period of six months.

Detailed headnote1 paragraphs

High Court of Karnataka at Bengaluru, Regular Second Appeal No. 613 of 2013 (POS) — Sri Mahabala Poojary v. Smt Rajeevi Poojarthi — decided 20.02.2026 by Ashok S. Kinagi, J. Second appeal under S.100 CPC against the judgment and decree dated 19.1.2013 in R.A.No.140/2006 (Senior Civil Judge & ACJM, Karkala), which had allowed the first appeal and set aside the decree dated 24.7.2006 in O.S.No.29/2005 (II Addl. Civil Judge (Jr.Dn), Karkala). On a joint compromise petition, the Court disposed of the appeal: the respondent paid Rs.40,000/- by demand draft (No.146643357 dated 17.02.2026, Indian Overseas Bank, Varanga Branch) to the appellant towards the value of suit 'B' schedule property as full and final settlement; the respondent was recognised as absolute owner of suit 'B' schedule property; the appellant was directed to execute a registered sale deed in respect thereof in favour of the respondent within six months; I.A.No.1/2013 was disposed of as not surviving.

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NC: 2026:KHC:10684 RSA No. 613 of 2013

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 20^TH DAY OF FEBRUARY, 2026

BEFORE

THE HON'BLE MR. JUSTICE ASHOK S.KINAGI

REGULAR SECOND APPEAL NO. 613 OF 2013 (POS)

BETWEEN:

Digitally signed by SHILPABAI S Location: HIGH COURT OF KARNATAKA

SRI MAHABALA POOJARY S/O KORAGA POOJARY AGED 53 YEARS SHENARABETTU POST: PADUKUDOOR VILLAGE, KARKALA TALUK-574104 UDUPI DISTRICT

…APPELLANT

(BY SRI. K CHANDRANATH ARIGA, ADV.)

AND:

SMT RAJEEVI POOJARTHI D/O LATE VIMALA POOJARTHI AGED ABOUT 55 YEARS MITHAMANE,

2 - NC: 2026:KHC:10684 RSA No. 613 of 2013

HC-KAR

POST: PADUKUDOOR VILLAGE KARKALA TALUK-574104 UDUPI DISTRICT

…RESPONDENT

(BY SRI. H. JAYAKARA SHETTY, ADV.)

THIS RSA IS FILED U/S. 100 OF CPC., AGAINST THE JUDGEMENT & DECREE DTD 19.1.2013 PASSED IN R.A.NO.140/2006 ON THE FILE OF THE SENIOR CIVIL JUDGE & ACJM, KARKALA, ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGEMENT AND DECREE DTD 24.7.2006 PASSED IN OS.NO.29/2005 ON THE FILE OF THE II ADDL. CIVIL JUDGE (JR.DN) KARKALA, AND ETC.,

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

3 - NC: 2026:KHC:10684 RSA No. 613 of 2013

HC-KAR

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

ORAL JUDGMENT

Learned counsel for the parties filed a compromise petition stating that the parties have settled the matter, and agreed that the appellant is entitled to receive Rs.40,000/- from the respondent towards the value of the suit ‘B’ schedule property as a final and full settlement. It is also agreed that the respondent shall pay Rs.40,000/to the appellant by way of demand draft.

Accordingly, the respondent has paid the amount of Rs.40,000/- by way of demand draft dated 17.02.2026 bearing No.146643357 drawn on Indian

Overseas Bank, Varanga Branch in the name of the appellant towards the value of the suit ‘B’ schedule property. It is agreed that the appellant has no objection to declare the respondent as the absolute owner of ‘B’ schedule property. There should be a sale deed, and also agreed that the appellant will execute a registered sale deed regarding suit ‘B’ schedule property within three

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NC: 2026:KHC:10684 RSA No. 613 of 2013

HC-KAR

months. Hence, the appeal may be disposed off in term of compromise petition. In the compromise petition it has been stated that the respondent is the absolute owner of suit ‘B’ schedule property in terms of compromise.

Learned counsel for the parties jointly submit that the appellant has agreed to execute a registered sale date regarding suit ‘B’ schedule property in favour of the respondent.

Accordingly, the appeal is disposed off directing the

appellant to execute a registered sale deed regarding suit ‘B’ schedule property in favour of the respondent within a period of six months.

In view of disposal of the appeal, I.A.No.1/2013 does

not survive for consideration, and accordingly, disposed off.

Sd/(ASHOK S.KINAGI) JUDGE

SSB