The High Court
Case Details
- 1 - NC: 2025:KHC:3809-DB RFA No. 396 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF JANUARY, 2025 PRESENT THE HON'BLE MR JUSTICE K.SOMASHEKAR AND THE HON'BLE MR JUSTICE VENKATESH NAIK T REGULAR FIRST APPEAL NO.396 OF 2019 (PAR) BETWEEN: SMT. K. R. NANJAMMA W/O. SRI NAGARAJ D/O. LATE N. RUDRAPPA @ RUDRAIAH AGED ABOUT 47 YEARS R/AT NO.1124, 2ND RAILWAY PARALLEL ROAD KENGERI UPANAGAR BENGALURU - 560 060. (BY SRI VISWANATH SHETTY V., ADVOCATE) …APPELLANT Digitally signed by MOUNESHWARAPPA NAGARATHNA Location: HIGH COURT OF KARNATAKA AND: 1. SRI K. R. RAJANNA S/O. LATE N. RUDRAPPA @ RUDRAIAH AGED ABOUT 56 YEARS R/AT NO.671, IIIRD MAIN KOMMAGATTA ROAD KENGERI UPANAGARA BENGALURU - 560 060. 2. SRI BYATARUDRAPPA S/O. LATE N. RUDRAPPA @ RUDRAIAH AGED ABOUT 53 YEARS 3. SMT. RATHNAMMA W/O. BYATARUDRAPPA AGED ABOUT 35 YEARS - 2 - NC: 2025:KHC:3809-DB RFA No. 396 of 2019
Legal Reasoning
4. SRI K. R. RAMAIAH S/O. LATE N. RUDRAPPA @ RUDRAIAH AGED ABOUT 51 YEARS 5. SRI GIRISH GOWDA S/O. K. R. RAMAIAH AGED ABOUT 23 YEARS 6. SRI MAHESH GOWDA S/O. K. R. RAMAIAH AGED ABOUT 21 YEARS RESPONDENT NOS. 2 TO 6 ARE R/AT KOLLUR VILLAGE THAVAREKERE HOBLI BENGALURU SOUTH TALUK - 562 130. 7. SMT. K. R. NARASAMMA W/O. H. CHIKKAIAH D/O. LATE N. RUDRAPPA @ RUDRAIAH AGED ABOUT 48 YEARS NO.241, 'H' ROAD IDEAL HOMES TOWN SHIP RAJARAJESHWARI NAGAR BENGALURU - 560 098. 8. SMT. MANGALA RAGHAVAN W/O. B. SRINVIASAN MAJOR R/AT NO.15, 4TH CROSS CENTRAL EXCISE LAYOUT VIJAYANAGAR BENGALURU - 560 040. 9. SRI V. SRINIVAS S/O. LATE VAJRAIAH AGED ABOUT 53 YEARS R/AT VIJARAHALLI VILLAGE BIDADI HOBLI, TALUK: RAMANAGAR C/O PALACE GUTTAHALLI BENGALURU - 571 511. - 3 - NC: 2025:KHC:3809-DB RFA No. 396 of 2019 10. SRI B. C. PRAKASH S/O. B. A. CHANGAPPA AGED ABOUT 59 YEARS R/AT NO.46/10, 2ND CROSS MARAPPA GARDEN, BENSON TOWN POST BENGALURU - 46. 11. SMT. T. HEMALATHA W/O. N. KRISHNAPRASAD AGED ABOUT 45 YEARS R/AT NO.G-5, SFS APARTMENTS 7TH 'B' CROSS, YELAHANKA NEW TOWN BENGALURU - 64. 12. SRI K. SHIVARUDRAIAH S/O. NANJAPPA AGED ABOUT 55 YEARS R/AT KOLUR VILLAGE THAVAREKERE HOBLI BENGALURU SOUTH TALUK - 562 130. 13. SRI G. VENKATAPPA S/O. LATE KALAPPA AGED ABOUT 53 YEARS R/AT KOLUR VILLAGE THAVAREKERE HOBLI BENGALURU SOUTH TALUK - 562 130. 14. SRI BASAVARAJU S/O. SHIVARUDRAPPA AGED ABOUT 49 YEARS R/AT "RAMESHWARA NILAYA" 5TH MAIN ROAD, KHB ROAD KAVALABYRASANDRA NEW EXTENSION R. T. NAGAR POST BENGALURU - 32. 15. SRI T. PUTTAPPA S/O. LATE CHIKKARAMAIAH AGED ABOUT 59 YEARS R/AT NO.1125, 1ST 'A' MAIN ROAD KENGERI UPANAGARA, KENGERI HOBLI BENGALURU SOUTH TALUK - 560 060. - 4 - NC: 2025:KHC:3809-DB RFA No. 396 of 2019 16. SRI NARASIMHAIAH S/O. LATE NARASAIAH AGED ABOUT 61 YEARS R/AT KOLUR VILLAGE TAVAREKERE HOBLI BENGALURU SOUTH TALUK - 562 130. 17. SRI B. K. VENKATARAMANA BHATTA S/O. B. KRISHNA BHAT AGED ABOUT 80 YEARS R/AT GOKULA HOUSE PERABE VILLAGE, ALANKARU POST PUTTUR TALUK SOUTH CANARA DISTRICT - 574 201. 18. SMT. VARALAKSHMI W/O. SHIVANNA M. AGED ABOUT 48 YEARS R/AT NO.254/C, PANTHARAPALYA NAYANDANAHALLI BENGALURU - 560 039. 19. SMT. PUTTAMMA W/O. M. RAJANNA AGED ABOUT 52 YEARS R/AT KOLUR VILLAGE RAMOHALLI POST, THAVAREKERE HOBLI BENGALURU SOUTH TALUK - 562 130. 20. SRI KANDAPPA M. S/O. THIRUMALLAIAH AGED ABOUT 32 YEARS R/AT NO.51, 2ND FLOOR AREHALLI, NEAR AGS LAYOUT KAVERAPPA LAYOUT 1ST CROSS, 3RD MAIN BENGALURU - 560 061. 21. SRI SATISH S/O. YATHIRAJU AGED ABOUT 38 YEARS R/AT NO.651, NEW BINNY LAYOUT 1ST MAIN ROAD, 3RD CROSS BENGALURU - 560 023. - 5 - NC: 2025:KHC:3809-DB RFA No. 396 of 2019 22. SMT. LAKSHMAMMA W/O. CHANNAPPA AGED ABOUT 58 YEARS GERUPALYA, 1ST MAILU KUMBALAGUD POST KENGERI HOBLI BENGALURU - 74. 23. SRI NARAYANA SHETTY S/O. LATE CHANNA SHETTY AGED ABOUT 52 YEARS R/AT NO.1341-C, GIRINAGAR 2ND STAGE, 8TH 'C' CROSS BENGALURU - 85. 24. N. RAJU S/O. LATE NAGARAJAPPA AGED ABOUT 33 YEARS R/AT LAKSHMIPURA CHUNCHANAKUPPE POST THAVAREKERE HOBLI BENGALURU SOUTH TALUK - 562 130. 25. SMT. NEELAMMA E. W/O. LATE RAVIKUMAR C/O. JAYAMMA HOUSE AGED ABOUT 38 YEARS NO.254-C, PANTHARAPALYA NAYANDAHALLI POST MYSORE ROAD BENGALURU - 560 039. 26. SRI M. R. HIRIYANNA S/O. SRI RAMAPPA GOWDA AGED ABOUT 45 YEARS NO.56, 'SHUBHODAYA NILAYA' RAGHAVANAGAR, 3RD CROSS BENGALURU - 560 026. 27. SRI SANTOSH S/O. VENKATESH AGED ABOUT 29 YEARS LAKSHMIPURA, THAVAREKERE HOBLI CHUNCHANAKUPPE POST BENGALURU SOUTH TALUK - 562 130. - 6 - NC: 2025:KHC:3809-DB RFA No. 396 of 2019 28. SRI VENKATASHETTY S/O. LATE CHIKKAVENKATASHETTY AGED ABOUT 56 YEARS R/AT NAGAWARA VILLAGE & POST CHANNAPATNA TALUK RAMANAGARA DISTRICT - 571 501. 29. SMT. MEENAKSHI W/O. VENKATASHETTY AGED ABOUT 34 YEARS NO.8, HOSAKEREHALLI DESOJANAGARA PES IT COLLEGE BENGALURU - 560 085. 30. SMT. S. RADHA W/O. K. V. LOKESH AGED ABOUT 25 YEARS NO.10, CHIKKALURU CHIKKALLURU CROSS RAMOHALLI POST THAVAREKERE HOBLI BENGALURU SOUTH TALUK - 560 060. 31. SMT. PRABHA R. W/O. M. PUTTARAJU AGED ABOUT 46 YEARS R/AT NO.4113, 1ST CROSS, 1ST MAIN ROAD SUBRAMANAYANAGAR BENGALURU - 560 010. 32. KUM. TANUJA J. D/O. M. JAIKUMAR AGED ABOUT 24 YEARS R/AT JAIRAJ FARM CHIKKANAHALLI POST TAVAREKERE HOBLI BENGALULRU SOUTH TALUK - 562 130 ALSO RESIDING AT C/O "MANTHRAKSHATHE" SHASHIKALA JAIKUMAR NO.353, 2ND CROSS 4TH MAIN, PARK ROAD KENGERI SATTALITE TOWN BENGALURU - 560 060. - 7 - NC: 2025:KHC:3809-DB RFA No. 396 of 2019 33. SRI VENKATA SHETTY S/O. LATE VENKATA SHETTY AGED ABOUT 48 YEARS R/AT NO.1264, 1ST FLOOR 2ND CROSS, 12TH MAIN ROAD RAGHAVENDRA BLOCK, SRINAGARA BENGALURU - 560 050. 34. KUM J. MANASA D/O. M. JAIKUMAR AGED ABOUT 27 YEARS R/AT JAIRAJ FARM CHIKKANAHALLI POST, TAVAREKERE HOBLI BENGALURU SOUTH TALUK - 562 130 C/O. "MANTHRAKSHATHE" SHASHIKALA JAIKUMAR NO.353, 2ND CROSS 4TH MAIN, PARK ROAD KENGERI SATELLITE TOWN BENGALURU - 560 060. 35. SMT. LAKSHMI W/O. MANJUNATH AGED ABOUT 34 YEARS R/AT NO.42/1, 3RD CROSS 17TH MAIN ROAD, RAGHAVANAGARA MUNESHWARA BLOCK BENGALURU - 560 026. 36. SRI MANJUNATH S/O. MUNIYAPPA AGED ABOUT 45 YEARS R/AT NO.42/1, 3RD CROSS 17TH MAIN ROAD, RAGHAVA NAGAR MUNESHWARA BLOCK BENGALURU - 560 026. 37. SRI SHANTHAKUMAR S/O. LATE A. B. BASAPPA AGED ABOUT 53 YEARS R/AT AVERAHALLI VILLAGE MADABAL HOBLI, MAGADI TALUK RAMANAGARA DISTRICT - 561 201. - 8 - NC: 2025:KHC:3809-DB RFA No. 396 of 2019 38. SMT. N. NIRMALA W/O. V. SRINIVAS AGED ABOUT 28 YEARS R/AT NO.1341/C, 8TH 'C' CROSS GIRINAGAR, 2ND STAGE BENGALURU - 560 085. 39. SRI KEERTHIPRASAD G. S/O. GANGARAJU AGED ABOUT 38 YEARS R/AT NO.3706, PAPASANDRA CHIKKABALLAPURA TOWN CHIKKABALLAPURA DISTRICT - 562 101. 40. SRI M. SWAMINATHA S/O. THIRUMALAIAH AGED ABOUT 31 YEARS R/AT NO.51, 1ST CROSS, 3RD MAIN ROAD KAVERAPPA BADAVANE, MGS LAYOUT NEAR AREHALLI BENGALURU - 560 061. 41. SMT. MEENAKSHI W/O. H. T. PUTTASWAMY AGED ABOUT 29 YEARS R/AT NO.104, 23RD CROSS 1ST MAIN ROAD, KENCHENAHALLI RAJARAJESHWARINAGAR BENGALURU - 560 098. 42. SRI H. T. PUTTASWAMY S/O. LATE THIMMAIAH AGED ABOUT 39 YEARS R/AT NO.104, 23RD CROSS 1ST MAIN ROAD, KENCHENAHALLI RAJARAJESHWARINAGAR BENGALURU - 560 098. 43. SMT. JAYALAKSHMI W/O. KRISHNE GOWDA AGED ABOUT 38 YEARS R/AT CHIKKONAHALLI VILLAGE KOPPA HOBLI, MADDUR TALUK MANDYA DISTRICT - 571 429. - 9 - NC: 2025:KHC:3809-DB RFA No. 396 of 2019 44. SMT. G. K. SARASWATHI W/O. GANGARAJU H. AGED ABOUT 46 YEARS R/AT NO.2, 1ST 'A' CROSS VINAYAKA LAYOUT BEHIND NAYANDANAHALLI BENGALURU - 560 039. 45. SRI A. B. MALLESH S/O. BASAVARAJU P. AGED ABOUT 41 YEARS R/AT KETHOHALLI VILLAGE THAVAREKERE HOBLI CHUNCHANAKUPPE POST BENGALURU SOUTH TALUK - 562 130 46. SMT. SUMITHRA W/O. RANGANATH D/O. BYATARUDRAPPA AGED ABOUT 21 YEARS 47. SMT. SUCHITHRA W/O. SURESH D/O. BYATARUDRAPPA AGED ABOUT 19 YEARS RESPONDENT NOS.46 AND 47 ARE RESIDING AT KOLURU VILLAGE RAMOHALLI POST, THAVAREKERE HOBLI BENGALURU SOUTH TALUK BENGALURU DISTRICT - 562 130. 48. SMT. SAVITHA W/O. KENCHEGOWDA AGED ABOUT 24 YEARS R/AT NO.211, 4TH CROSS T. G. LAYOUT, ITTAMADU BENGALURU - 560 085. 49. SMT. RAJESHWARI W/O. M. GIRISH AGED ABOUT 40 YEARS R/AT NO.1245, 8TH CROSS BEHIND RAGHAVENDRA TEMPLE KENGERI SATELLITE TOWN BENGALURU - 560 060. - 10 - NC: 2025:KHC:3809-DB RFA No. 396 of 2019 50. SMT. SANNATHAYAMMA W/O. SANNEGOWDA AGED ABOUT 40 YEARS R/AT NO.29/3, NALLINAHALLI VILLAGE PANDAVAPURA TALUK MANDYA DISTRICT - 571 455. 51. SMT. SAVITHA W/O. SHIVAKUMAR AGED ABOUT 36 YEARS R/AT NO.80, 6TH CROSS RUDRAPPA GARDEN KASTHURBA NAGAR, MYSORE ROAD BENGALURU - 560 026. 52. SRI SATHISH S/O. YETHIRAJ AGED ABOUT 30 YEARS R/AT NO.651, 3RD CROSS 1ST MAIN ROAD, NEW BINNY LAYOUT BENGALURU - 560 023. 53. SMT. LEELA W/O. RAMA SHETTY AGED ABOUT 46 YEARS R/AT NO.1290, 3RD CROSS 17TH MAIN ROAD, MUNESHWARA BLOCK BENGALURU - 560 026. 54. SMT. M. C. NAGAMMA W/O. DEVEGOWDA AGED ABOUT 39 YEARS R/AT NO.24, 2ND BLOCK DWARKA NAGAR, CHANNASANDRA KENGERI UTTARAHALLI ROAD BENGALURU - 560 061. 55. SMT. KAVITHA K. N. W/O. PANDU R. AGED ABOUT 28 YEARS R/AT NO.21, KNR NILAYA 3RD CROSS, KENGERI KOTE BENGALURU - 560 060. - 11 - NC: 2025:KHC:3809-DB RFA No. 396 of 2019 56. SMT. BHARATHI W/O. M. NAGARAJU AGED ABOUT 39 YEARS R/AT NO.1245 BEHIND RAGHAVENDRA TEMPLE KENGERI SATELLITE BENGALURU - 560 060. 57. SMT. PUSHPALATHA D/O. KRISHNA MURTHY AGED ABOUT 33 YEARS R/AT NO.191, 3RD CROSS 6TH MAIN ROAD, SACHIDANANDA NAGAR KENGERI SATELLITE TOWN BENGALURU - 560 060. 58. SRI K. S. JAYARAM S/O. LATE SANJEEVAPPA K. R. AGED ABOUT 50 YEARS R/AT NO.54, 3RD CROSS 1ST MAIN ROAD, VINAYAKANAGARA KENGERI SATELLITE TOWN BENGLAURU - 560 060. 59. SMT. YESHODA JAYARAM W/O. K. S. JAYARAM AGED ABOUT 40 YEARS R/AT NO.54, 3RD CROSS 1ST MAIN ROAD, VINAYAKANAGARA KENGERI SATELLITE TOWN BENGLAURU - 560 060. 60. SRI SHIVAKUMAR R. S/O. RAMAIAH AGED ABOUT 28 YEARS R/AT NO.1/19, VITTALANAGAR CHAMARAJPET BENGALURU - 560 018. 61. SMT. LAKSHMINARASAMMA W/O. LATE CHIKKE GOWDA AGED ABOUT 60 YEARS R/AT NO.140, 'VENKATESHWARA NILAYA' MAKALI VILLAGE AND POST DASANAPURA HOBLI - 12 - NC: 2025:KHC:3809-DB RFA No. 396 of 2019 BANGALORE NORTH TALUK BENGALURU - 562 123. 62. SMT. VANAJAKSHI W/O. SHIVAKUMAR N. AGED ABOUT 38 YEARS R/AT NO.10, 3RD CROSS THIMMAIAH GARDEN BENGALURU - 560 032. 63. SRI PREMACHETAN VUTTANADAM S/O. LATE V. BHADRI NARAYANA AGED ABOUT 40 YEARS R/AT NO.82/A, KARISHMA HILLS GUBBALALA, SUBRAMANYAPURA POST BENGALURU - 560 061. 64. SMT. RAGINI W/O. GOPAL AGED ABOUT 2 YEARS R/AT HOUSE NO.84 5TH CROSS, MUDDINAPALYA ANJANA NAGARA, MAGADI ROAD BENGALURU - 560 091. 65. SMT. SARASWATHI W/O. THIMMAPPA AGED ABOUT 49 YEARS R/AT HOUSE NO.80 MATHRUKRUPA NILAYA SAIBABA LAYOUT, ANDHRAHALLI MAIN ROAD NEAR ANUPAMA SCHOOL BENGALURU - 560 091. 66. SRI DEVEGOWDA S/O. HIREGOWDA AGED ABOUT 52 YEARS R/AT HOUSE NO.24, II BLOCK DWARAKANAGARA, CHANNASANDRA KENGERI, UTTARAHALLI ROAD BENGALURU - 560 061. (BY SRI SHANKAR H. S., FOR SRI ANANDA K. V., ADVOCATES FOR R-1 AND R-2; R-3 TO R-66: NOTICE IS DISPENSED WITH) …RESPONDENTS - 13 - NC: 2025:KHC:3809-DB RFA No. 396 of 2019 THIS REGULAR FIRST APPEAL IS FILED UNDER SECTION 96 OF C.P.C., 1908, AGAINST THE ORDER DATED 14.11.2018 PASSED IN O.S. NO.659/2014 (OLD NO.392/2013) ON THE FILE OF THE SENIOR CIVIL JUDGE AND J.M.F.C., MAGADI ALLOWING THE APPLICATIONS FILED UNDER ORDER 7 RULE 11[a] OF C.P.C., FOR REJECTION OF PLAINT. THIS REGULAR FIRST APPEAL IS COMING ON FOR REPORTING SETTLEMENT, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE K.SOMASHEKAR and HON'BLE MR JUSTICE VENKATESH NAIK T ORAL JUDGMENT (PER: HON'BLE MR JUSTICE K.SOMASHEKAR) This appeal is filed by the plaintiff challenging the
Decision
order dated 14.11.2018 in O.S.No.659/2014 (Old No.392/2013), whereunder, I.A.Nos.13 and 14 filed by defendant Nos.1 to 8 seeking rejection of the plaint on the ground that the plaint does not disclose the cause of action and that the suit is barred by law of limitation and by Hindu Law, came to be allowed and the suit filed by the plaintiff was rejected under Order 7 Rule 11(a) CPC. 2. The plaintiff filed a suit for partition of her 1/5th share in the suit schedule property by metes and bounds and for the relief of declaration of the exchange of Sy.No.25/3 and sale - 14 - NC: 2025:KHC:3809-DB RFA No. 396 of 2019 deeds are not binding on her. Since the suit came to be rejected by the trial Court, the present appeal is filed. 3. The appellant-Smt. K.R. Nanjamma, respondent No.1 Sri K.R. Rajanna, respondent No.2- Sri. K.R. Byatarudrappa and their respective counsels are present before the Court and they are identified by their respective counsels. 4. Learned counsel for the parties have filed the application under Order XXIII Rule 3 read with Section 151 CPC, 1908, stating that the parties have compromised the matter and the compromise petition is filed by the appellant and respondent Nos.1 and 2 reads thus:- APPLICATION FILED UNDER ORDER XXIII RULE 3 READ WITH SECTION 151 OF CODE OF CIVIL PROCEDURE, 1908 The Appellant, Respondent Nos.1 and 2 who are the contesting parties to the above appeal respectfully submits as follows: 1. The plaintiff / appellant herein had filed the suit for partition and separate possession in O.S.NO.659/2014 OLD ΝΟ.392/2013 on the file of the Senior Civil Judge and JMFC., Magadi. In the said suit the respondent Nos.1 and 8 had filed an application for rejection of plaint under Order 7 Rule 11 (a) & (d) of CPC. The trial court by its order dated 14.11.2018 allowed the applications and dismissed the suit. - 15 - NC: 2025:KHC:3809-DB RFA No. 396 of 2019 Being aggrieved by the said judgment the appellant herein has filed the above appeal. 2. The appellant namely K R Nanjamma and Respondent no 7 KR Narasamma are the daughters and respondent No 1 KR Rajanna, Respondent no 2 KR Bytarudrappa and Respondent No 7 KR Ramaiah are the children of Late Rudrappa @ Rudriah and Late Rangamma. There is no dispute between the relationship between the parties. Now since the respondent no 1 is the only contesting respondent he is having authority and authorization to represent other siblings and to sign and verify this compromise petition. 3. Upon notice from this Hon'ble court the respondent No 1, 2 and 7 appeared and after due deliberation between the parties it is mutually agreed by appellant and respondent no 1 herein to settle the dispute in the following manner: - a. Appellant has agreed to withdraw the present appeal and not to file any petition/appeal before any other court or forum as she agrees to receive a lump-sum amount of Rs 25,00,000/- (Rupees Twenty Five Lakhs only) from respondent no 1. b. By receiving the said amount appellant herein acknowledges and confirms that during the lifetime of N.Rudrappa @ Rudraiah his male children got partitioned the suit schedule properties under the Panchayath. Palupathi dt: 15/3/1993 and therefore there is no ancestral property available for partition. - 16 - NC: 2025:KHC:3809-DB RFA No. 396 of 2019 c. As the appellant has agreed to the above terms the Respondent No. 1 K R Rajanna has paid a sum of Rs.25,00,000/- in favour of appellant KR Nanjamma in the following manner. Amount Dated Rs.10,00,000/- 27-1-25 Rs.5,00,000/- 27-2-25 Rs.10,00,000/- 27-3-25 Sl.No. 1 2. 3 Cheque /DD No and Bank Details on DD Bearing No:578585, Drawn the Karnataka Co.Op.Apex Bank Ltd at Kengeri Satellite Branch. on Cheque No:067292, Drawn The Karnataka Co.Op. Apex Bank Ltd at Kengeri Satellite Branch. on Cheque No: 067293 Drawn The Karnataka Co.Op.Apex Bank Ltd at Kengeri Satellite Branch. - 17 - NC: 2025:KHC:3809-DB RFA No. 396 of 2019 The Respondent no.1 hereby undertakes to make necessary arrangements to honor the above cheques on the respective dates upon due presentation. d. Further the executing parties of this compromise application shall not file any claim before any other court or forum with respect the issue involved in the above case as the same is settled in terms of this compromise. e. The Appellant and Respondents No 1 and 2 submits that, there is no compulsion from anybody and in view of the relationship between them and long pendency of the litigation they have settled the dispute and are executing this compromise petition out their free Will. f. The Respondent no 1 hereby undertakes if the said Cheques are dishonored the above appeal may be reopen and dispose the above appeal on merits. WHEREFORE, the parties to the above proceedings respectfully pray that this Hon'ble Court may be pleased to pass a Judgment and decree in terms of compromise, in the interest of justice and equity. 5. In view of the compromise entered between the parties, the appeal is disposed of. - 18 - NC: 2025:KHC:3809-DB RFA No. 396 of 2019 Office is directed to draw the decree accordingly. Sd/- (K.SOMASHEKAR) JUDGE Sd/- (VENKATESH NAIK T) JUDGE MN List No.: 2 Sl No.: 18