Sri H R Krishnamurthy Hegde v. Smt. Bhagya

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF APRIL, 2026 PRESENT THE HON'BLE MRS. JUSTICE ANU SIVARAMAN AND THE HON'BLE MS. JUSTICE TARA VITASTA GANJU REGULAR FIRST APPEAL NO. 508 OF 2019 (SP) BETWEEN:

SRI. H.R.KRISHNAMURTHY HEGDE AGED ABOUT 53 YEARS, S/O. H.T.RAMAPPA HEDGE, R/AT BHARATHI BEEDI, SRINGERI TOWN, SRINGERI TALUK-577 139, CHIKKAMAGALURU DISTRICT. …APPELLANT (BY SRI. A.RAVISHANKAR., ADVOCATE)

AND:

¶1SMT. BHAGYA W/O. H.C.VEERAPPA GOWDA, R/AT SHANBAVI NILAYA, SACHIDANANDAPURA, SRINGERI VILLAGE, SRINGERI TALUK-577 139, CHIKKAMAGALURU DISTRICT.

AND ALSO AT :

J.C.B.M.COLLEGE QUARTERS, SRINGERI TALUK-577 139. REPRESENTED BY HER GPA HOLDER, SRI. H.S.GANESH, AGED ABOUT 43 YEARS, S/O. SHANKARAPPA GOWDA, R/AT THYAVANA,

by SUMATHY KANNAN Location: HIGH COURT OF KARNATAKA BENGALURU

VIDYARANYAPURA VILLAGE, SRINGERI TALUK-577 139. CHIKKAMAGALURU DISTRICT.

¶2SRI. AYUB BEIG AGED ABOUT 56 YEARS, S/O. AMANULLA KHAN @ ANWAR BEIG, R/AT BHARATHI BEEDI, SRINGERI TOWN, SRINGERI TALUK-577 139. CHIKKAMAGALURU DISTRICT. …RESPONDENTS (BY SRI. SHAMANNA.B.H., ADVOCATE FOR C/R1; R2-APPEAL AGAINST DISMISSED AS NOT PRESSED)

THIS RFA IS FILED U/S.96 OF CPC 1908, AGAINST THE JUDGMENT AND DECREE DATED 21.12.2018 PASSED IN OS.NO.9/2018 (OS NO.13/2011) ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, N.R.PURA ITINERATE AT KOPPA DECREEING THE SUIT FOR SPECIFIC PERFORMANCE.

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

CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN & HON'BLE MS. JUSTICE TARA VITASTA GANJU

ORAL JUDGMENT

(PER: HON'BLE MRS. JUSTICE ANU SIVARAMAN)

This appeal is filed against the judgment and decree in O.S. No.9/2018.

¶2We have heard Shri A Ravishankar, learned counsel appearing for the appellant and Shri Shamanna B H, learned counsel appearing for the caveator/respondent No.1.

¶3The learned counsel appearing for the appellant submits that the matter is compromised between the parties. A memo is also placed on record seeking to dismiss the appeal as against respondent No.2 as not pressed, in view of the compromise entered into between the appellant and respondent No.1.

¶4The memo is taken on record.

¶5The appeal is dismissed as against respondent No.2.

¶6The agreement entered into between the appellant and the respondent No.1 is taken on record. The agreement states as follows:- "8. As per the advise of this Hon'ble Court, advise of the friends and well-wishers, the 2nd Defendant / Appellant herein and the Plaintiff / 1s Respondent have compromised their dispute, under the following terms and conditions:

i) The Plaintiff and the 2nd Defendant agree that the total extent of property conveyed in favour of the 2nd

Defendant is 28 guntas in Sy.No.50 and 20 guntas in Sy.No.51 of Sringeri Village, Sringeri Taluk, Chikmagalur District, under the sale deed dated 6.1.2011, which is also the same land agreed to be conveyed under the Agreement of Sale Deed dated 29.7.2010 executed by the 1 Defendant Ayub Baig S/o.Amanulla in favour of Smt. Bhagya, the Plaintiff.

ii) The Plaintiff / 1 Respondent has agreed to accept conveyance of 14% guntas in Sy.No.50 and 13 ½ guntas in Sy.No.51 of Sringeri Village, Sringeri Taluk, Chikmagalur District, to be conveyed by the 2nd Defendant / Appellant, indicated as Block-A in the accompanying Rough Sketch and shown in yellow colour in the rough sketch annexed to this compromise petition and bounded by: East : Lands in Sy. No. 53, West : Stream, North : Lands in Sy. Nos. 47, 48, 52 South : Lands in Sy. Nos. 50, & 51.

iii) The Appellant / 2nd Defendant Sri H.R.Krishnamurthy Hegde has agreed to retain an extent of 13 ½ guntas in Sy.No 50 and 6 guntas in Sy.No.51 of Sringeri Village, Sringeri Taluk, Chikmagalur District, indicated as Block-B in the accompanying Rough Sketch and shown in green colour in the rough sketch annexed to this compromise petition and bounded by: East : Lands in Sy. No. 54 West: Stream, North: Lands in Sy. No. 50 & 51, South: Lands in Sy. No.54

Thus, an extent of 28 guntas would fall to the share of the Plaintiff / Smt.Bhagya and an extent of 20 guntas would fall to the share of the 2nd Defendant / Appellant herein Sri H.R. Krishnamurthy Hegde, in the suit schedule property as more clearly and specifically shown in the Rough Sketch.

iv) The Appellant has agreed that he owns a portion of property in Sy.No.54, adjoining to Sy.No.50 and 51, which is alienated portion of land and also adjoining to the existing National Highway - NH 169. There exists a 6 meter wide buffer area wherein the Appellant herein has agreed to form a 6 meter wide kaccha road and continue the said road through Sy.No.50 and leave the said road till the property of the Plaintiff/1st Respondent herein for their movement in Sy. No. 50.

v) The Appellant/2nd Defendant undertakes to change the buffer area into road and handover the road area for road access to the Grama Panchayath if permissible v)

vi) The 1st Respondent/Plaintiff agrees to get the sale deed registered in her favour in terms of this settlement in respect of Block-A area, as clearly shown in the accompanying Rough Sketch, within three months from the date of acceptance of compromise petition by this Hon'ble Court, at her own cost.

vii) The Appellant/2nd Defendant agrees to secure 11-E Sketch with respect to Block-A area, proposed to be conveyed in favour of the Plaintiff /1st Respondent herein, to enable conveyance of the property in favour of the 1st Respondent.

viii) The Appellant/2nd Defendant and the Plaintiff/1st Respondent are put in to possession of their respective areas as shown in the Rough Sketch and in terms of this compromise petition.

ix) The parties shall bear costs of this litigation."

¶7The parties are present before the Court and are duly identified by their respective counsel. A sketch is also

appended to the agreement which is also duly signed by the parties and their counsel.

¶8In the above view of the matter, the appeal is disposed of in terms of the agreement arrived at between the parties.

¶9A decree shall be drawn in terms of the agreement arrived at.

¶10Eligible Court fee shall be refunded electronically to the appellant after proper identification by the registry. The amount of Rs.3,00,000/- (Rupees Three Lakh only) which is deposited by the appellant before this Court on 13.12.2019 shall also be refunded to the appellant electronically.

Sd/- (ANU SIVARAMAN) JUDGE

Sd/- (TARA VITASTA GANJU) JUDGE

YKL List No.: 1 Sl No.: 40