Sri Dileepkumar H S v. Dr. M Raghavendra

NC:(2026:KHC:13487-DB( RFA(No.(1683(of(2025( ( , ,,HC-KAR( ( ( IN(THE(HIGH(COURT(OF(KARNATAKA(AT(BENGALURU(

THDATED(THIS(THE(5 (DAY(OF(MARCH,(2026(

PRESENT( THE(HON'BLE(MRS.(JUSTICE(ANU(SIVARAMAN( AND((

THE(HON'BLE(MR.(JUSTICE(T.M.NADAF(

REGULAR(FIRST(APPEAL(NO.(1683(OF(2025((DEC)( BETWEEN:((

1., SRI.,DILEEPKUMAR,H.S.,, AGED,ABOUT,43,YEARS,,, SON,OF,LATE,SHIVANNA,, ,

2., SRI.,LAKSHMINARAYANA,H.S.,, AGED,ABOUT,47,YEARS,,,

SON,OF,LATE,SHIVANNA,, ,

3., SMT.,H.S.,LENA.,, AGED,ABOUT,45,YEARS,, DAUGHTER,OF,LATE,SHIVANNA, Digitally ,signedtiby ALL,ARE,RESIDING,AT:,REKHA0R THNO.,8,,8 ,,MAIN,ROAD,,, Location: High0Court SARVAJANIKA,HOSTEL,ROAD,,, of VIDYARANYAPURAM,,,Karnataka FORT,MOHALLA,,, MYSURU,-,570,008., …APPELLANTS, (BY,SRI.YUKTHA,ANIL.,,ADVOCATE), AND:(

1., DR.,M.,RAGHAVENDRA,, AGED,ABOUT,55,YEARS,,, NC:(2026:KHC:13487-DB( RFA(No.(1683(of(2025( ( , ,,HC-KAR( ( ( SON,OF,LATE,DR.PADMANABHACHAR,,, THRESIDING,AT,NO.674,,17 ,,MAIN,, SARASWATHIPURAM,,, MYSURU,-,579,009., ,

2., SRI.,RAVINDRANATH,H.S.,, AGED,ABOUT,49,YEARS,,, SON,OF,SHIVANNA,,, RESIDING,AT,NO.,2053,,, TH6 ,CROSS,,K,BLOCK,,, KUVEMPU,NAGAR,,, MYSURU,-,570,023., , INCORRECTLY,STATED,IN,THE,PLAINT, THAS:,RESIDNG,AT,NO.8,,8 ,MAIN,, SARAVAJANIKA,HOSTEL,ROAD,, VIDYARANYAPURAM,, FORT,MOHALLA,, MYSURU,-,570,008., …RESPONDENTS, (BY,SRI.,SKANDA,R.K,RAO,,ADVOCATE,FOR,R1), THIS, RFA, IS, FILED, UNDER, SECTION, 96, OF, CPC,, AGAINST,THE,JUDGMENT,AND,DECREE,DATED,28.04.2025,IN, O.S.NO.689/2020, ON, THE, FILE, OF, THE, VII, ADDITIONAL, SENIOR,CIVIL,JUDGE,AND,JMFC,,MYSURU,,PARTLY,DECREEING, THE,SUIT,FOR,DECLARATION., THIS, APPEAL,, COMING, ON, FOR, ORDERS,, THIS, DAY,, JUDGMENT,WAS,DELIVERED,THEREIN,AS,UNDER:, , CORAM:, HON'BLE,MRS.,JUSTICE,ANU,SIVARAMAN, and,, HON'BLE,MR.,JUSTICE,T.M.NADAF, ,

ORAL JUDGMENT (PER: HON'BLE MRS. JUSTICE ANU SIVARAMAN) Heard, the learned counsel appearing for the appellant as well as the learned counsel appearing for respondent No.1.

¶2It is submitted that though notice has been taken to respondent No.2, the notice has remained unclaimed. The learned counsel for the appellant further submits that respondent No.2 had remained ex-parte before the trial Court as well and that in the nature of the compromise entered into between the appellant and respondent No.1, the presence of respondent No.2 is not necessary for recording the compromise.

¶3The suit was instituted seeking a declaration that the Partition Deed dated 23.07.2020 and the Release Deed dated 30.07.2020 are null and void and not binding on the plaintiff. The plaintiff also sought specific performance of the Agreement of Sale dated 02.06.2019. The Trial Court partly decreed the suit by declaring the

Partition Deed and Release Deed as null and void and by directing refund of the earnest money to the plaintiff. Aggrieved by the said judgment and decree, Defendants No. 2 to 4 have preferred the present appeal.

¶4It is submitted that in exchange for money, the plaintiff - respondent No.1, is agreeing to withdraw the suit in its entirety and therefore, the presence of respondent No.2 would not be required for disposing of the appeal.

¶5A compromise petition is filed by the appellants and respondent No.1 - plaintiff, in which it is clearly stated at paragraphs No.10 to 12 as under: "MEMORANDUM OF COMPROMISE PETITION UNDER SECTION 23 RULE 3 OF THE CODE OF CIVIL PROCEDURE xxxxx xxxxx

¶10The parties being mindful of their position in the suit and the current state of affairs re the suit in O.S. No. 689/2020 have agreed as follows:

(1) The Appellants shall handover the consideration for this compromise agreement of Rs. 1,00,00,000/- by way

of Demand Draft dated 02.02.2026, drawn in favour of Ragavendra M, and Bearing No. 433679 000002000 000572 16, to the 1st Respondent before the Hon'ble High Court of Karnataka.

(ii) The Respondent No. / Plaintiff shall unconditionally withdraw O.S. No. 689/2020 on the file of the VII Additional Senior Civil Judge & JMFC, at Mysuru without liberty, on receipt of the DD for Rs. 1,00,00,000 by conceding to a decree being passed by this Hon'ble Court dismissing the suit as withdrawn without liberty.

¶11The parties agree and affirm that this compromise agreement shall be deemed to have commenced upon the date of signature of the parties hereof and this date shall hereinafter be referred to as the 'effective date.'

¶12The Plaintiff / Respondent No. 1 undertakes and affirms that he shall not, from the effective date of this compromise, initiate legal proceedings either directly or indirectly against the Appellants in respect of the subject matter of the suit nor shall he thereafter place reliance on the Agreement of Sale dated 02-06-2019 executed between Respondent No. 2 and himself in any legal proceeding. xxxxx xxxxx WHEREFORE, it is prayed that this Hon'ble Court may be pleased to record this compromise and set aside the

Judgment and Decree in O.S. No. 689/2020 dated

28.04.2025 on the file of the VII Additional Senior Civil Judge & JMFC, at Mysuru and dismiss O.S. No. 689/2020 as withdrawn without any liberty, in the interest of justice and equity."

¶6Appellant No.1 is present before the Court today and the GPA of appellants No.2 and 3 in his favor are also produced. Respondent No.1 is also present before the Court today and the parties have been duly identified by their respective counsel.

¶7We have heard the counsel for the parties as well. The learned counsel for respondent No.1 - plaintiff submits that the plaintiff is ready and willing to withdraw the suit in its entirety and will not raise any claims in terms of the suit or the decree which has been rendered in the suit as against the appellant herein or as against respondent No.2. In the above view of the matter, we are of the opinion that the compromise can be recorded.

¶8The appellant has handed over Demand Draft for an amount of Rs.1,00,00,000/- dated 02.02.2026

bearing No.433679 drawn on State Bank of India, Visweshwar Nagar Branch in favor of Raghavendra.M. The parties agree to the compromise by withdrawing the suit and it is agreed that no further claims will be raised in respect of the transaction referred to in the plaint in any further proceedings.

¶9In view of the aforesaid terms of the compromise petition, the appeal is disposed of, recording the compromise and the unconditional withdrawal of the suit in O.S.No.689/2020. All pending interlocutory applications shall stand disposed of.

Sd/- (ANU SIVARAMAN) JUDGE

Sd/- (T.M.NADAF) JUDGE TKN List No.: 1 Sl No.: 16