Sri Sanmatha Kumar S/O Yuvaraja Poovani v. Sri Krishnappa Survana S/O Boggu Poojari

JUDGMENT AND DECREE DATED

24.1.2004 PASSED IN O.S.NO.112/1997 ON THE FILE OF THE III ADDL. CIVIL JUDGE (JR.DN) & JMFC., KARKALA.

THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD ORAL JUDGMENT

This appeal is filed by the plaintiff under Section 100 of CPC, challenging the judgment and decree passed in RA No.434/2005 passed by the Senior Civil Judge and A.C. J. M. Karkala.

¶2The Plaintiff filed a suit for permanent injunction in OS No.112/1997 before the III Additional Civil Judge (Jr.Dn.) and JMFC, Karkala. The suit came to be decreed by judgment and decree dated 24.01.2004. Being

aggrieved by the same, the defendants filed an appeal before the Senior Civil Judge and ACJM, Karkala in RA No.434/2005. The appeal came to be allowed and the suit came to be dismissed. Being aggrieved by the same, the plaintiff has filed this regular second appeal.

After service of notice from this Court, the parties have filed a compromise petition under Order 23 Rule 3 of the Code of Civil Procedure, 1908. The appellant is represented by GPA Holder - his son - Sri Veeresh Sanmath Jain. The respondent No.1 and the legal representatives of respondent No.2 are represented by GPA holder – Thejas – respondent No.2(B). They and their signatures have been identified by their respective counsels. They state that they have entered into the settlement out of their volition and without duress from anybody and they have settled the matter in terms of the compromise petition. The compromise petition is extracted below:

"COMPROMISE PETITION FILED UNDER ORDER XXIII RULE 3 OF THE CODE OF CIVIL PROCEDURE, 1908

The parties to the above appeal have amicably settled the dispute out of Court and submit this Compromise Petition on the following terms:

¶1The Defendants/Respondents hereby admit and acknowledge that the Appellant/Plaintiff Sanmath Kumar is the absolute owner in possession and enjoyment of the immovable property more fully described in the 'A' Schedule hereunder.

¶2The Appellant/Plaintiff is entitled to use the road measuring 6 meters in width for ingress and egress to the 'A' Schedule property.

¶3The Respondents/Defendants shall not claim any right, title, or interest in the 'A' Schedule property.

¶4The 'A' Schedule property is shown in Blue colour, and the reserved road is shown in Brown colour in the annexed sketch.

¶5Both the Plaintiff and the Defendants are entitled to use the said road and shall maintain and repair the same from time to time by contributing equally.

¶6In terms of this compromise, there shall be an order of permanent injunction restraining the Defendants/Respondents from trespassing upon or interfering with the peaceful possession and enjoyment of the 'A' Schedule property by the Plaintiff/Appellant.

¶7This Compromise Petition along with the annexed sketch shall form part of the decree.

¶8The appellant is represented by GPA holder. The copy of the GPA dated 16.01.2026 executed by the appellant is produced separately. The parties respectfully pray that this Hon'ble Court be pleased to record the compromise and dispose of the appeal in terms thereof."

¶4This Court, after satisfying with the terms of the compromise petition, passes the following order: a) The appeal is disposed of in terms of the compromise petition. b) The compromise petition filed under Order XXIII Rule 3 of CPC is ordered to be treated as part and parcel of this order.

c) The Registry is directed to draw the decree in terms of the compromise petition along with the sketch.

Sd/- (H.T. NARENDRA PRASAD) JUDGE

CM LIST NO.: 1 SL NO.: 124

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD REGULAR SECOND APPEAL NO. 1658 OF 2011 (INJ) BETWEEN: SRI SANMATHA KUMAR S/O YUVARAJA POOVANI AGED ABOUT 55 YEARS R/AT THIPULDABETTU HOUSE PADUMARNAD VILLAGE AND POST KARKALLA TALUK, D.K DISTRICT- 575201. …APPELLANT (BY SRI. VIJAY KRISHNA BHAT M., ADVOCATE) AND: 1. SRI KRISHNAPPA SUVARNA S/O BOGGU POOJARI AGED ABOUT 60 YEARS 2. SRI JAYA SUVARNA SINCE DEAD BY HIS LRs. 2(A) SMT. GEETHA W/O LATE JAYA SUVARNA AGED ABOUT 59 YEARS 2(B) TEJAS S/O LATE JAYA SUVARNA AGED ABOUT 26 YEARS 2(C) NATASHA JAYA SUVARNA D/O LATE JAYA SUVARNA Location: HIGH COURTOF KARNATAKA AGED ABOUT 24 YEARS ALL ARE R/AT NEELA BHANDASALE MOODUMARNAD VILLAGE MOODUBIDRI TALUK, D.K. DISTRICT. …RESPONDENTS (BY SRI. SANATH KUMAR SHETTY., ADVOCATE FOR R1 & R2(A TO C)) THIS RSA IS FILED UNDER SECTION 100 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED: 6.4.2011 PASSED IN R.A.NO.434/2005 ON THE FILE OF THE SENIOR CIVIL JUDGE & ACJM, KARKALA, ALLOWING THE APPEAL AND SETTING ASIDE THE