Sri Sudhindra T K v. Sri Devaraju

NC:(2026:KHC:21990( MSA(No.(121(of(2022( ( , ,,HC-KAR( ( ( IN(THE(HIGH(COURT(OF(KARNATAKA(AT(BENGALURU(

NDDATED(THIS(THE(22 (DAY(OF(APRIL,(2026(

BEFORE( THE(HON'BLE(MR.(JUSTICE(ANANT(RAMANATH(HEGDE( MISCELLANEOUS(SECOND(APPEAL(NO.121(OF(2022((PAR)( BETWEEN:(( (

1., SRI,SUDHINDRA,T,K,, S/O,SRI,K,V,KRISHNAMURTHY,, AGED,ABOUT,48,YEARS,, ,

2., SKY,TOP,BUILDERS,PVT,LTD.,, REP,BY,ITS,MANAGING,DIRECTOR,, B,L,NAGENDRA,PRASAD, BOTH,APPELLANT,01,AND,02,, R/AT,NO.651,,IST,MAIN,ROAD, ND 2 ,,STAGE,,,ARAVINDA,NAGAR,, ND SBI,BANK,BUILDING,,2 ,FLOOR,, MYSURU-570023.,

…APPELLANTS, (BY,SRI,SADASHIVAIAH,K,G,,ADVOCATE), AND:(Dig itally signedtiby ( PRAMILA0G0V 1., SRI,DEVARAJU,, Location: S/O,SRI,MALLEGOWDA,, HIGH0COURT AGED,ABOUT,45,YEARS,, OF R/AT,HUYILALU,VILLAGE,, KARNATAKA YELAWALA,HOBLI,, MYSURU,TALUK., ,

2., SRI,SHANKARA,, S/O,SRI,MALLEGOWDA,, AGED,ABOUT,39,YEARS,, R/AT,HULIYALU,VILLAGE,, YELAWALA,HOBLI,, MYSURU,TALUK., NC:(2026:KHC:21990( MSA(No.(121(of(2022( ( , ,,HC-KAR( ( (

3., SMT,MANJULA,, W/O,SRI,SHIVAKUMAR,, D/O,SRI,MALLEGOWDA,, AGED,ABOUT,41,YEARS,, R/AT,DEGGANAHALLI,VILLAGE,, K,R,NAGARA,TALUK., ,

4., SRI,MALLEGOWDA,, S/O,LATE,MALLEGOWDA,, AGED,ABOUT,73,YEARS,, R/AT,HULIYALU,VILLAGE,, YELAWALA,HOBLI,, MYSURU,TALUK., ,

5., SMT,DODDATHAYAMMA,, W/O,SRI,MALLEGOWDA,, AGED,ABOUT,71,YEARS,, R/AT,HULIYALU,VILLAGE,, YELAWALA,HOBLI,, MYSURU,TALUK., ,

6., SRI,H,M,MALLEGOWDA,, S/O,SRI,MALLEGOWDA,, AGED,ABOUT,51,YEARS,, R/AT,HULIYALU,VILLAGE,, YELAWALA,HOBLI,, MYSURU,TALUK., ,

7., SRI,RAMEGOWDA,, S/O,LATE,KALEGOWDA,, AGED,ABOUT,56,YEARS,, R/AT,BADAGALAHUNDI,VILLAGE,, KERAGALLI,DAKALE,, JAYAPURA,HOBLI,, MYSURU,TALUK., ,

8., SMT,SHIVAMMA,, W/O,SRI,RAMEGOWDA,, AGED,ABOUT,49,YEARS,, R/AT,BADAGALAHUNDI,VILLAGE,, KERAGALLI,DAKALE,, NC:(2026:KHC:21990( MSA(No.(121(of(2022( ( , ,,HC-KAR( ( ( JAYAPURA,HOBLI,,MYSURU,TALUK., ,

9., SMT,BHGYALAKSHMI,, W/O,H,M,MALLEGOWDA,, AGED,ABOUT,49,YEARS,, R/AT,HULIYALU,VILLAGE,, YELAWALA,HOBLI,, MYSURU,TALUK., ,

10., SMT,PALLAVI,, D/O,H,M,MALLEGOWDA,, W/O,SRI,MANJUNATH,, AGED,ABOUT,31,YEARS,, R/AT,HULIYALU,VILLAGE,, YELAWALA,HOBLI,, MYSURU,TALUK., ,

11., SMT,KARIYAMMA,, D/O,H,M,MALLEGOWDA,, W/O,SRI,RAVI,, AGED,ABOUT,30,YEARS,, R/AT,HULIYALU,VILLAGE,, YELAWALA,HOBLI,, MYSURU,TALUK., ,

12., SMT,SOUMYA,, D/O,H,M,MALLEGOWDA,, AGED,ABOUT,26,YEARS,, R/AT,HULIYALU,VILLAGE,, YELAWALA,HOBLI,, MYSURU,TALUK., ,

13., SRI,MAHESH,, S/O,SRI,MALLEGOWDA,, AGED,ABOUT,20,YEARS,, R/AT,HULIYALU,VILLAGE,, YELAWALA,HOBLI,, MYSURU,TALUK., ,

14., SRI,PRAKASH,, S/O,SRI,RAMEGOWDA,, NC:(2026:KHC:21990( MSA(No.(121(of(2022( ( , ,,HC-KAR( ( ( AGED,ABOUT,33,YEARS,, R/AT,BADAGALAHUNDI,VILLAGE,, JAYAPURA,HOBLI,, MYSORE,TALUK., …RESPONDENTS, , (BY,SRI,SUBHASH,CHANDRA,BOSE,,ADV.,FOR,R1,TO,R5,,, ,V/O/DT,16.04.2026,APPEAL,AGAINST,R6,TO,R14,DISMISSED), , , THIS,MSA,IS,FILED,UNDER,SECTION,100,OF,CPC,AGAINST, THE, JUDGMENT, AND, DECREE, DATED, 20.09.2022, PASSED, IN, RA.No.124/2022,ON,THE,FILE,OF,THE,IV,ADDITIONAL,DISTRICT, AND, SESSIONS, JUDGE,, MYSURU, ALLOWING, THE, APPEAL, AND, SETTING, ASIDE, THE, JUDGMENT, AND, DECREE, DATED,

23.03.2017,PASSED,IN,OS,No.463/2010,ON,THE,FILE,OF,THE,III, ADDITIONAL,SENIOR,CIVIL,JUDGE,AND,CJM,,MYSORE.,, , THIS,APPEAL,,COMING,ON,FOR,REPORTING,SETTLEMENT,, THIS,DAY,,JUDGMENT,WAS,DELIVERED,THEREIN,AS,UNDER:, CORAM:, ,HON'BLE,MR.,JUSTICE,ANANT,RAMANATH,HEGDE, , ORAL(JUDGMENT( ( , Learned,counsel,appearing,for,the,appellants,and,learned, counsel, appearing, for, the, respondents, reported, settlement, on,

16.04.2026., However,, on, that, day, all, the, parties, were, not, present.,,

¶2The, Court, has, noticed, presence, of, appellants, on,

16.04.2026, and, had, dispensed, with, their, presence, today., The, appellants,had,also,submitted,that,the,dispute,is,settled.,

¶3Learned counsel for the appellants and the learned counsel for respondents No.1 to 5 are present.

¶4Notice to remaining respondents No.6 to 14 is dispensed with vide order dated 16.04.2026 as no relief is claimed against them as they have remained exparte before the Trial Court.

¶5Application is filed for production of the General Power of Attorney executed by respondents No.4 and 5 in favour of respondent No.2-power of attorney holder.

¶6Respondents No.1 to 3 are present before the Court.

¶7The Compromise Petition filed on 16.04.2026, was already taken on record on that day itself.

¶8In terms of the settlement, it is stated that the appellants have agreed to sell the scheduled property in favour of respondents No.1 to 5. Draft sale deed is also produced.

¶9It is stated that Registration of the sale deed has to take place on or before 30.05.2026.

¶10The consideration for the said sale transaction would be, respondents No.1 to 5 giving up their claim in respect of 1/7th share in item No.1 of the suit schedule property.

¶11The terms and conditions of the settlement are as under: MEMORANDUM OF COMPROMISE UNDER ORDER XXIII RULE 3 READ WITH SECTION 151 OF CODE OF CIVIL PROCEDURE 1908 The Appellants and Respondent No.1 to 5 beg to file following compromise petition and reporting the same as the parties have settled the matter once for all for the dispose of the entire appeal:

¶1It is submitted that the Respondents filed a suit for partition in respect of their shares in O.S.No. 463/2010 before the learned Senior Civil Judge and J.M.F.C, Mysuru. The said suit came to be decreed by allotting 1/4th share to all the parties to the suit.

¶2It is submitted that the Respondents 1 to 5 in above appeal being the Plaintiffs in O.S. 463/2010 on the file of the Senior Civil Judge and J.M.F.C, Mysuru and obtained the decree of partition in favour of not only the Respondent No.1 to 5 but also one Sri.H.M.Mallegowda and Smt. Shivamma was entitled for the share in Sy.No.128/1 out of

6.01 acre of Huyilalu Village, Yelawala Hobli, Mysuru Taluk. It is stated that the said parties namely Sri.H.M Mallegowda and Smt. Shivamma Respondent No. 7 and 8 have sold an extent of 1 acre of land in Sy. No. 128/1 of the said village.

¶3It is submitted that the Respondents 1 to 5 filed the final decree proceedings in FDP. No 113/2018 before the III Additional Senior Civil Judge and J.M.F.C, Mysuru dated 23.03.2022. As against the same, the Respondents 1 to 5 filed R.A.No 124/2022 vide an order dated 20.09.2022 allowed the appeal and remanded the matter to the trial court directed to dispose the decree in O.S No.463/2010. The Appellants being aggrieved by the judgment and decree in R.A.No.124/2022 and preferred Miscellaneous Second Appeal in MSA No.121/2022.

¶4It is submitted that during the pendency of the above appeal, the Appellants and Respondents 1 to 5 have proposed to settle the matter amicably and accordingly the compromise petition which is as here under.

¶5It is submitted that the Respondents 6 to 14 have not contested the matter and the Respondents 1 to 5 have contested the matter and have no objections to delete the Respondents 6 to 14 as they are not necessary parties to the suit. Hence the compromise is entered among the Appellants and Respondents 1 to 5.

¶6It is submitted that that pending admission of the above appeal, this Hon'ble Court was pleased to grant the interim order dated 09.01.2023 and thereafter the Respondents have entered appearance and thereafter, the partition have amicably disposed and agreed to resolve the problem and to settle the issues.

¶7It is submitted that in lieu of the understanding among the Appellants and the Respondents 1 to 5 have agreed to settle the issue once for all and dispose the dispute. It is stated that the Respondents 1 to 5 have contested and to dispose of the case by receiving an extent of 19 guntas of converted land in Sy.No.132 mentioned in the schedule which is standing in the name of power of attorney holder namely Sri. E.S Jayaram S/o E.S Sethuram, aged about 59 years in who's name the property is standing as on today.

¶8Whereas the Appellants are suppose to transfer an extent of 25 guntas of barren land and no converted property in Sy. No. 128/1 of Huyilalu Village, Yelawala Hobli, Mysuru Taluk. As the said property was developed and handed over by the Appellants to MUDA. Mysuru. Hence the Appellants have agreed to convey the converted land to an extent of 19 gunts in Sy. No. 132 Huyilalu Village, Yelawala Hobli, Mysuru Taluk in fro Respondent No. 1 to 5. The parties to this compromise have agreed for the same and signed the compromise.

¶9It in submitted that after the compromising of the matter the Appellants have through E.S. Jayaram, S/o E.S. Sethuram has to execute proper sale deed in favour of Respondents 1 to 5 before the proper sub registrar. It is clearly stated that the Appellants have not paid the sale consideration to the Respondents 1 to 5, in lieu of payment of the amount the Appellants have the converted scheduled property to the satisfaction of the Respondents 1 to 5. The true copy of the draft sale deed to be executed in favour of Respondents 1 to 5 is produced before this Hon'ble Court. The Respondents 1 to 5 after getting the sale deed and enjoy the same as absolute owners.

¶10It is submitted that the schedule property at present standing in the name of Sri. E.S. Jayaram, S/o E.S. Sethuram as such the said property has got every right, title and interest over the same and the said Sri. E.S. Jayaram has agreed to transfer the property as per the directions of the Appellants as per the compromise. In the event the said person refuses to execute the sale deed in which event the Appellants are ready to reimburse the same equivalent to the value of schedule property. Thereafter the Respondent No.1 to 5 can execute the decree to the extent mentioned in the compromise. Above compromise is subject to registration of sale deed on or before 30.05.2026.

¶11It is submitted that the appellants and respondents 1 to 5 have agreed to the compromise and consented for the terms and conditions and signed before this Hon'ble Court and accordingly the above appeal may be disposed off. SCHEDULE All that piece and parcel of the land bearing Sy. No.132 measuring 0.19 guntas which is converted vide No.ALN (1) CR 358-2008/09 dated 21.08.2009 situated at Huyilalu Village, Yelawala Hobli, Mysuru Taluk bounded on the: East By: Property of Sy. No.131 West By: Present Road and Sy. No. 134 North By: Sy. No.132 South by Sy. No.133 Which is the subject matter of the above compromise and the copy of the draft sale deed is produced.

¶12This Court does not find any impediment to accept the terms and conditions stated in the compromise petition.

¶13Hence, the following: ORDER

(i) The Appeal is disposed of in terms of settlement.

(ii) The impugned judgment and decree dated

20.09.2022 on the file of IV Additional District Judge, Mysuru in R.A.No.124/2022 are modified in terms of the settlement arrived at between the parties.

(iii) In case, appellants fail to execute the sale deed, respondents No.1 to 5 are at liberty to file Execution Petition for execution of sale deed in terms of this decree. Sd/- (ANANT RAMANATH HEGDE) JUDGE GVP List No.: 2 Sl No.: 28