Sri Nagappa v. Motappa

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD REGULAR FIRST APPEAL NO. 377 OF 2007 (PAR) BETWEEN:

¶1SRI NAGAPPA AGED ABOUT 88 YEARS S/O MUNISWAMAPPA SINCE DEAD REP BY HIS LR'S

ARE APPELLANT NOS.2 TO 5 ALREADY ON RECORD.

2. SRI PEDDA APPAIAH @ KRISHNAPPA AGED ABOUT 57 YEARS S/O SRI NAGAPPA

¶3SRI N MUNIYAPPA @ CHIKKA APPAIAH AGED ABOUT 52 YEARS S/O SRI NAGAPPA SINCE DEAD REP BY HIS LR'S

3(a) SMT. SIDDAMMA W/O LATE N MUNIYAPPA AGED ABOUT 68 YEARS

3(b) SRI MUNISWAMY S/O LATE N MUNIYAPPA AGED ABOUT 40 YEARS

3(c) SRI CHANDRAPPA S/O LATE N MUNIYAPPA AGED ABOUT 38 YEARS

Location: HIGH COURTOF KARNATAKA NC:(2025:KHC:38353( RFA(No.(377(of(2007( ( , ,,HC-KAR( ( ( 3(d),SRI,ASHOK, S/O,LATE,N,MUNIYAPPA, AGED,ABOUT,35,YEARS, ,

4., SRI,MARIGADU,@,VENKATARAMANAPPA, AGED,ABOUT,47,YEARS, S/O,SRI,NAGAPPA., ,

5., SRI,BOMMANNA,@,RAJAPPA, AGED,ABOUT,44,YEARS, S/O,SRI,NAGAPPA, , ALL,ARE,R/AT,MADAPPANAHALLI,VILLAGE, SARJAPURA,HOBLI,ANEKAL,TALUK, BANGALORE,DISTRICT., …APPELLANTS, (BY,SRI.,SUBRAMANYA,H,V.,,ADVOCATE), AND:( ,

1., MOTAPPA, S/O,PAPAIAH, SINCE,DECEASED,BY,LR'S, , 1(a),SMT,NAGAMMA,, W/O,LATE,MOTAPPA, SINCE,DEAD,,DELETED, R1(B,to,E),are,LR'S,,OF, R1(a),V/O,DATED:,17.11.2015., , 1(b),,GUNDAPPA,, S/O,LATE,MOTAPPA, AGED,ABOUT,57,YEARS, THR/AT,,NO:,1993,,9 ,CROSS, JAYANTHANAGARA,,MYSORE-570009., , 1(c),MUNIRAJU, ,, S/O,MOTAPPA, , SINCE,DEAD,BY,HIS,LR'S, , NC:(2025:KHC:38353( RFA(No.(377(of(2007( ( , ,,HC-KAR( ( ( 1(c)(i),SMT.,SHASHIKALA, ,,,,,,,,,,W/O,LATE,MUNIRAJU, ,,,,,,,,,,AGED,ABOUT,41,YEARS, , 1(c)(ii),SRI,MOUNISH, ,,,,,,,,,,,S/O,LATE,MUNIRAJU, ,,,,,,,,,,,AGED,ABOUT,23,YEARS, , 1(c)(iii),SRI,VENUGOPAL, ,,,,,,,,,,,,S/O,LATE,MUNIRAJU, ,,,,,,,,,,,,AGED,ABOUT,17,YEARS, , ,,,,,,,,,,,,,BEING,MINOR,REPRESENTED,BY, ,,,,,,,,,,,,,RESPONDENT,NO.1(c)(i),SMT.,SHASHIKALA, ,,,,,,,,,,,,,WHO,IS,THE,MOTHER,AND,,NATURAL, ,,,,,,,,,,,,,GUARDIAN., , ,,,,,,R1(c)(i),TO,1(c)(iii),ARE, ,,,,,,,,,,,,,R/A,NO.98/79,GOSHAL,MAIN,ROAD, ,,,,,,,,,,,,,MOTAPPA,BUILDING, , ,,,,,,GARUDACHARAPALYA, ,,,,,,,,,,,,,MAHADEVAURA,POST, ,,,,,,,,,,,,,BENGALURU-560048., , ,,,,,,,,,,,,,PRESENTLY,RESIDING,AT, ,,,,,,,,,,,,,SHASHIKALA,BUILDING, ,,,,,,,,,,,,,SOMASUNDARAPALYA,CIRCLE, TH,,,,,,,,,,,,,5 ,CROSS,DEAD-END, ,,,,,,,,,,,,,OPP.,SHEEKANDAM,APARTMENT, ,,,,,,,,,,,,,HSR,LAYOUT,,BANGALORE-560102., , 1(d),,,SMT.,AKKAYAMMA, ,, ,,W/O,JAYARAM, ,,,,,,,,,,D/O,MOTAPPA, ,,,,,,,,,,AGED,ABOUT,57,YEARS, TH,,,,,,,,,,R/AT,NO.470,,16 ,CROSS, ND,,,,,,,,,,2 ,MAIN,ROAD, ,,,,,,,,,,SHANIMAHATHMA,TEMPLE, ,,,,,,,,,,MAHADEVAPURA,,BENGALURU-560048., , NC:(2025:KHC:38353( RFA(No.(377(of(2007( ( , ,,HC-KAR( ( ( 1(e),SMT.,MANJULA,, D/O,OF,MOTAPPA, W/O,SRI,MUNINANAPPA,N, AGED,ABOUT,44,YEARS, , R/AT,189,,MEENUKUNTE,HOSUR, DODDAJALA,,BENGALURU-562157., , 1(f), SMT,,ANUSUYA, D/O,LATE,MOTAPPA, W/O,SRI,VENKATESH,K,M, AGED,ABOUT,48,YEARS, R/AT,GARUDACHAR,PALYA, MAHADEVPURA,POST, BENGALURU,EAST,TALUK., , , PRESENTLY,RESIDING,AT,KANAKA,LAYOUT, TH TH11 ,MAIN,,4 ,CROSS,,NEAR,MANU,MUSIC, GARUDACHARPALYA,,MAHADEVAPURA,POST, BENGALURU-560048., ,

2., SMT.,MUNIYAMMA, W/O,LATE,,HANUMANTHAPPA, AGED,ABOUT,77,YEARS, R/AT,,KAVADENAHALLI,VILLAGE, K,R,PURAM,HOBLI, BENGALURU,EAST,TALUK, ,

3., SRI,NAGARAJU,, AGED,ABOUT,42,YEARS,, S/O,LATE,HANUMANTHAPPA, SINCE,DEAD,,BY,LR'S, , 3(a),SMT,NARAYANAMMA, W/O,LATE,NAGARAJU, , AGED,ABOUT,54,YEARS, , 3(b),SRI,ANANDA,KUMAR,N, S/O,LATE,NAGARAJU, AGED,ABOUT,38,YEARS, , NC:(2025:KHC:38353( RFA(No.(377(of(2007( ( , ,,HC-KAR( ( ( 3(c),SRI,SHIVA,N, S/O,NAGARAJU, , AGED,ABOUT,37,YEARS, , 3(d),,SRI,RAGHU,N, ,,,,,,,S/O,LATE,NAGARAJU, ,,,,,,,AGED,ABOUT,32,YEARS, , R(3)(a),TO,3(d),ARE,R/AT,, KAVALDENAHALLI,VILLAGE, K.R.PURAM,HOBLI,BANGALORE,EAST,TQ., ,

4., SRI,MADAPPA,K.M., S/O,LATE,HANUMANTHAPPA, , AGED,ABOUT,66,YEARS, ,

5.,,,,SRI,CHIKKAMADAPPA, ,,,,,,,S/O,LATE,HANUMANTHAPPA, ,,,,,,,AGED,ABOUT,38,YEARS, , R4,AND,R5,ARE,R/AT,KAVADENAHALLI, ,,,,,,,VILLAGE,,K.R.PURAM,HOBLI,,, , BANGALORE,EAST,TALUK., …RESPONDENTS, (BY,SMT.,TRIVENI,P,C.,,ADVOCATE,FOR,R1(b,,d,TO,f), SRI.,VINAY,KUMAR,N,,ADVOCATE,,FOR,R1(c),(I,TO,iii), SRI.,PRAKASH,T,HEBBAR,,ADVCOATE,FOR,R2,,R3(a-d), R4,&,R5.), , THIS, RFA, IS, FILED, U/S., 96, OF, CPC, AGAINST, THE, JUDGEMENT,AND,DECREE,DATED:17.11.2006,PASSED,IN,OS., NO.2092/2006,(OLD,NO.559/1994),ON,THE,FILE,OF,THE,CIVIL, JUDGE,(SR.DN.),AND,JMFC.,,ANEKAL,,PARTLY,DECREEING,THE, SUIT,FOR,PARTITION., , THIS, APPEAL,, COMING, ON, FOR, ORDERS,, THIS, DAY,, JUDGMENT,WAS,DELIVERED,THEREIN,AS,UNDER:, CORAM:, HON'BLE,MR.,JUSTICE,H.T.,NARENDRA,PRASAD,

ORAL JUDGMENT This appeal is filed by defendant Nos. 1 to 3 under Section 96 of CPC, challenging judgment and decree dated

17.11.2006 passed by Civil Judge, (Sr.Dn.) and JMFC, Anekal in O.S.No.2092/2006, whereby the suit has been decreed.

¶2The Plaintiffs filed a suit for partition and separate possession. After hearing the parties, the trial Court has decreed the suit on 17.11.2006. Being aggrieved by the same, defendant Nos. 1 to 3 have filed this appeal under Section 96 of CPC.

¶3After service of notice to the respondents in the appeal, the respondents appeared through counsel. Now, the parties have settled the matter and they have filed a compromise petition under Order 23 Rule 3 of CPC. The compromise petition is signed by the parties. The parties are present before the Court. They and their signatures are identified by their respective learned advocates. They state that they have entered into the

settlement out of their volition and without any duress from anybody and they have settled the matter in terms of the compromise petition. The compromise petition is extracted below:

The appellants and respondents most respectfully submit as under:

¶1The deceased Respondent No.1 has filed the civil suit against the Appellants and others seeking partition and separate possession in respect of the suit schedule properties in O.S.No.2092/2006 (Old No.559/1994) on the file of the Civil Judge, Senior Division (JMFC), Anekal. The Appellants herein have filed the above appeal challenging the judgment and decree dated 17.11.2006 passed in the said suit under which judgment, the Respondents 1 (a) to 1(e)/Plaintiffs 1(a) to 1(e) are granted with 1/3rd share in the schedule Items 1 to 6 and the suit is dismissed with respect to Items 7 and 8 of the schedule properties against which no appeal is filed. In the said judgment no share is given to Defendants 6 to 9/Respondents 2 to 5. However to stall the long standing dispute in respect of suit schedule properties, on the intervention of elders and well wishers, the Appellants have agreed to pay a sum of Rs.85.00 lakhs to the Respondents 4 and 5

and L.Rs of Respondent No.3, each having different sum of amount as per their shares and the same is accepted by the above Respondents. Further in respect of respondent no.2, the respondents 3 to 5 would amicably settle her claim and the same is agreed by Respondent no.2.

¶2The Appellants and Respondents in view of the effective conciliation made by the elders, close friends and relatives on both sides, have conciliated/decided to get an end to the above long standing litigation, by way of compromise on the following terms and conditions.

(a) The properties enumerated in A schedule hereunder is jointly allotted to the share of the Appellants. The Appellants 2 A to 5 are the legal heirs of Appellant No.1 who is dead.

(b) Property described in B schedule is jointly allotted to the share of Respondents 1(b), 1(c) since dead represented by 1(c) (i) to (iii), 1(d), 1(e) & 1(f). The land bearing Sy. No.6 measuring 2 acres (Out of 7 acres 21 guntas), situated at Madappanahalli village, SarjapuraHobli, AnekalTaluk i.e., 'B' schedule property (shown in the schedule) allotted to the shares of legal heirs of Late Motappa i.e., 0-16 guntas of land, which is shown as C Schedule property, allotted to 1(b)-Gundappa,

and C schedule is jointly allotted 0-16guntas of land jointly allotted to the shares of 1(c)(i) to (iii) viz., Shashikala, Mounish, Venugopal and 0-16 guntas of land each allotted to the share of 1(d) Smt. Akkayamma, 1(e)Smt. Manjula& 1(f) Smt. Anusuya as per the boundaries mentioned in the rough sketch, that means to say that 1 acre 24 guntashas been abutting to Defendant No.1(b)- Gundappa, 1(d) Smt. Akkayamma, 1(e)-Smt. Manjula and 1(f) Smt. Anusuya which are Allotted to each other as per boundaries and 0-16 guntas of land allotted to Respondent No.1(c)(i) to (iii).

(c) It is further agreed between the parties that the Respondents 5 and L.Rs of 3rd Respondent have agreed to take 1 (one) acre of land jointly in the land bearing Sy.No.6 of Madappanahalli village, Sarjapura Hobli, Anekal Taluk. The Respondents 3(b) to (d) have already been paid Rs.15.00 lakhs i.e., Rs.5.00 lakhs each by way of cheques and they are hereby acknowledges the receipt of the said amount. The 4th respondent has agreed to receive amount in lieu of his share in the suit schedule properties, the Appellants have agreed to pay Rs.68,40,000/- to the 4th Respondent and out of the same, the

Appellants have already paid Rs.35.00 lakhs by way of cheque and the balance amount of Rs.33,40,000/- paid on this day by way of cheque and the 4th Respondent hereby acknowledges the receipt of the said amount. The Appellants are paying Rs.1,60,000/- to 5th Respondents on this day by way of cheque and the 5th Respondent is hereby acknowledges the receipt of the said amount. Thereby, the Respondents 2, 4 & 5 and L.Rs of 3rd Respondent have relinquished their right in respect of the schedule property:

The Appellants have agreed to pay a sum of Rs. 85,00,000/-(Eighty Five Lakhs only) to the Respondents 2, 4&5 and L.Rs of 3rd Respondent, as follows:

The Appellants have already paid a sum of Rs.50,00,000/-(Rupees Fifty lakhs) on various dates i.e., Rs.5.00 lakhs each to the Respondents 3(b) to (d), Rs.35.00 lakhs to Respondent No.4 which are as follows and the Respondents 3(b) to (d), 4 are hereby acknowledges the receipt of the said amount and the details of the cheques are as follows:

(i) Rs.5.00 lakhs in favour of 3(b): Sri Ananda by way of cheque bearing No.000007 dated

21.4.2025 drawn on Bank of Baroda, Mugalur Branch, Anekal.

(ii) Rs.5.00 lakhs in favour of 3(c): Sri Shiva.N by way of cheque bearing No.000008 dated

21.4.2025 drawn on Bank of Baroda, Mugalur Branch, Anekal.

(iii) Rs.5.00 lakhs in favour of 3(d): Sri Raghu.N by way of cheque bearing No.004703 dated 24.4.2025 drawn on Bank of Baroda, Mugalur Branch, Anekal.

(iv) Rs.10.00 lakhs in favour of Respondent No.4: Sri Madappa by way of cheque bearing No.000014 dated 21.4.2025 drawn on Bank of Baroda, Neriga Branch, Anekal.

(v) Rs.5.00 lakhs in favour of Respondent No.4: Sri Madappa by way of cheque bearing No.000010 dated 24.4.2025 drawn on Bank of Baroda, Mugalur Branch, Anekal.

vi) Rs.20.00 lakhs in favour of Respondent No.4: Sri Madappa by way of cheque bearing No.000016 dated 27.6.2025 drawn on Bank of Baroda, Mugalur Branch, Anekal.

The Appellants on this day are paying the balance agreed amount of Rs.33,40,000/- (Rupees Thirty-Three Lakhs Forty Thousand only) to the Respondent No.4 by way of cheque bearing No.000017 dated 23.9.2025

drawn on Bank of Baroda, Mugalur Branch, Anekal.

The 4th defendant Shri. Madappa K. H. has received from the Appellants the sum of Rs.45,00,000/- (Rupees Forty-Five Lakhs only) in lieu of his share under this compromise exclusively which is equivalent to the extent of 20 (twenty) guntas of land in Sy. No.6 of Madappanahally, Sarjapura Hobli, Anekal Taluk. Consequently 4th defendant has absolutely no right, title or interest or share in one acre of land in Sy. No.6 of Madappanahally, Sarjapura Hobli, Anekal Taluk whatsoever. Second Respondent Muniyamma is under the care and maintenance of Defendants 3(a) to 3(d), Defendants 4 & 5 collectively. In consideration of the same she has relinquished her interest in the said extent of one acre in favour of Defendants 3(a) to 3(d) and Defendants 4 & 5 herein.

The Appellants on this day are paying the balance agreed amount of Rs.1,60,000/- (Rupees one Lakh Sixty Thousand only)to the Respondent No.5 by way of cheque bearing No.000014 dated 23.9.2025 drawn on Bank of Baroda, Mugalur Branch, Anekal.

(d) The parties to whom the properties have been allotted to their respective shares have taken exclusive possession of the property allotted to their respective shares as above.

Both sides have expressed their No Objection to the transfer of Khatha and entries in the RTC in their names as per the allotment of shares made in this compromise.

(e) The parties do hereby agree with each other that they will not claim any manner of right, title, interest or possession of any kind over the property/properties allotted to the other parties under the terms of this compromise.

(1) The parties do hereby agree with each other that they will not cause any objections or impediments for the other parties to obtain katha, revenue entries etc., with respect to the properties allotted to their respective shares under the terms of this compromise.

(g) The parties do agree with each other that on and from today each of the parties are the owners in possession of the property/ properties allotted to their respective shares under the terms of this compromise.

(h) The parties do hereby state and declare that they have entered into this compromise because of the intervention of the well wishers on either side and also having regard to the fact that a protracted litigation is not in the interest of any of the parties and parties do hereby further state that there is no element of fraud, mistake, misrepresentation, coercion, undue influence, etc., in the matter of filing this compromise petition.

(j) The Respondents 2, 4, 5 and L.Rs of 3rd Respondent do hereby concede that as they have received the amount from the Appellants to the tune of Rs.85,00,000/- (Eighty-five lakhsonly), theyor their legal heirs will not claim any right, title, interest or possession of any kind over the schedule properties or any other properties of the Appellants in future

(k) It is agreed between the parties that if the parties want to sell the properties, they should first offer to sell to the Appellants.

(l) The Respondents 1(b) 1(c)(i) to (iii), 1(d) 1(e) and 1(f) are hereby agree and concede that they have received their respective shares to the extent of 2 acres in the land bearing

Sy.No.6 of Madappanahallivillage and except that extent of land, they have agreed that they will not make any claim over the schedule properties or any other properties of the Appellants in future.

(m) It is further agreed and concedes between the parties that the Appellants are retaining the remaining extent of 4 acres 21 guntas of land including the road portion in the land bearing Sy.No.6.

A sketch showing the portions allotted to the parties are as follows:

Portion of the property allotted to Respondents 1(b) 1(d), 1(e) and 1(f) jointly is denoted by the letters ABCDEI J

Portion of the property allotted to the shares of Respondent No.1(c) (i) to (iii) is marked as EFG H.

Portion of the land bearing Sy.No.6 measuring 1-00 acre out of 7 acres 21 guntas (As per the sketch G, H, I, J, K, L, M, N)

Portion of the property allotted to the Appellants jointly shown in letters KLMNOPQRSTU. The sketch is annexed to this

compromise petition. The said sketch may also be made part of the final decree.

(m) In Sy.No.6 of Madappanahalli village portions of which are allotted to all the two branches as stated above, a road runs from East to West which is denoted by letters DER AND S. The Parties of two branches do hereby agree with each other that they will keep the said road in tact all the time to come.

A-SCHEDULE JOINTLY ALLOTTED TO THE APPELLANTS 2 ΤΟ 5

¶1Property bearing Kaneshmari No.10, 32, 39 and 38, situated at Madappanahalli village, SarjapuraHobli, AnekalTaluk, Bangalore District and bounded on:

East by : SarvajanikaraBeedhi (Road) West by : Lakkappa's vacant property North by : Hanumanthappa's house and vacant land South by : Lakshmikantha's house Venkatagiriyappa's sons houses and house of Siddappa.

¶2Land bearing Sy.No.1/1 of Madappanahalli village measuring 0.7 & ½ guntas out of 1 acre 15 guntas and bounded on:

East by : Chinnappa's house

West by : Road North by : Nandishwara temple (Basavanna temple) South by : Devarahalli Muniyappa's

vacant land in same survey number.

¶3Land bearing Sy.No.6 of Madappanahalli village measuring 4 acres 21 guntas (out of 7 acres 21 guntas) with road running in the middle which is shown in the sketch and bounded on:

East by : (Sy.No.5 and 10) Pylman Muniyappa, Venkatappa, Munikrishnappa, Dodda Munivenkatappa,S/oPapaiah properties. West by : Land bearing Sy.No.2 North by : Land bearing Sy.No.3, South by : Land bearing Sy.No.7

¶4Land bearing Sy.No.8 measuring 2 acres out of 2 acres 18 guntas and bounded on:

East by : land belonging to Devarahalli Muniyappa and Chikkathimmarayappa's sons properties, Pillappa's property, Ramaiah, S/o West by : Kenchappa's property. Chikkamunivenkatappa's property, North by : Sy.No.6, South by : Road.

¶5Land bearing Sy.No.16 measuring 1 acre 9 guntas out of 4 acres 9 guntas and bounded on:

East by : Lakshminarayana property in

the very same sy.no West by : Sy.No.18, North by : Sy.No.17, South by : Kooguryelle (kharabkaluve).

¶6Land bearing Sy.No.17 measuring 2 acres out of 5 acres 30 guntas and bounded on:

East by : Venkatappa's

Jayashankarappa's and

Chikkathimmarayppa's sons in the very same sy.no., West by : Sy.No.18 cultivated by Venkatappa,

North by : Partition land belonging to Papaiah and ChikkaMunivenkatappa, South by : Ramareddy's sons properties and Sy.No.16.

¶7Ahval Thakte farm including Khaneshmari numbers and survey number (K.Nos. 10, 32, 39 and 38, Sy.Nos.6, 8, 17, 1, 109 and 16) and bounded on:

East by

: Road, West by

: Venkatappa's house, North by

: Muniyappa's house, South by : Nanjappa's house.

¶8Land bearing bounded on: Sy.No.109/2 measuring 1 acre 2 guntas and

East by : A river flows

DakshinaPinakini West by : Road North by : Land cultivated by Srinivasappa's son-in-lawVenkateshappa and land belonging to Udathiga @ Muniswamappa. South by : Sy.No.109/3 belonging to Subba Reddy And ChinnaAbbaiah's sons lands.

Items 1 to 8 are situated at Madappanahalli village, SarjapuraHobli, AnekalTaluk, Bangalore Dist.

'B' SCHEDULE PROPERTY

Allotted to the shares of Respondents No.1(b)- Gundappa, 1(d)-Smt. Akkayamma, 1(e)-Smt. Manjula and 1(f)- Smt. Anusuya: (0-16 guntas each)

Portion of the land bearing Sy.No.6 of Madappanahallivillage measuring 1 acre 24 guntas out of 2 acres and bounded on:

East by : Remaining land of Sy.No.6 West by : Land bearing Sy.No.2, North by : Land bearing Sy. No.3, South by : 10 feet Road and property allotted to Shashikala and

others.

'C' SCHEDULE PROPERTY

JOINTLY ALLOTTED TO THE SHARES OF RESPONDENTS NO.1(C)(I)- SMT. SHASHIKALA, 1(C)(II)- SRI MOUNISH, 1(C)(III)-VENUGOPAL

Land bearing Sy.No.6 measuring 0-16 guntas(out of 7 Acres 21 guntas) situated at Madappanahalli village, Sarjapura Hobli, Anekal Taluk, Bangalore District and is bounded on:

East by : Remaining land of Sy.No.6 Schedule 'A' of this compromise petition. West by : Land bearing Sy.No.2/2 North by : 10 feet road leading to the Land of gundappa and then others & land allotted to the share of gundappa & others on eastern side. South by : Land bearing Sy, No.7 (7/1) on eastern side.

SCHEDULE "D" PROPERTY

Allotted to the shares of Respondents 5 and L.Rs of 3rd Respondent:

Portion of the land bearing Sy.No.6 measuring 1-00 acre out of 7 acres 21

guntas(As per the sketch G, H, I, J, K, L, M, N) and bounded on:

East by : Remaining land of Sy.No.6 allotted to the Appellants West by : Remaining land of Sy.No.6 allotted to the share of L.Rs of Respondent No. 1 North by : Land bearing Sy.No.3 South by : Land bearing Sy.No.7.

WHEREFORE, the Appellants and Respondents above named most humbly and respectfully pray that this Hon'ble Court be pleased to modify the judgment & decree passed in O.S.No.2092/2006 (Old No.559/1994) on the file of the I learned Senior Civil Judge & JMFC, at Anekal, and pass and pass the judgment and decree in terms of this compromise petition, in the ends of justice and equity."

¶3This Court, after satisfying with the terms of the compromise petition, passed 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. d) In view of disposal of the appeal, all pending applications stand disposed of.

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

CM List No.: 1 Sl No.: 28