SRI. B.V. PRABHAKAR REDDY v. SMT. NAGARATHNAMMA
Case Details
Acts & Sections
Judgment
4. SRI. M. SHASHIDHAR BABU SINCE DEAD BY LR'S. 4(a) SMT. MANJULA .S W/O LATE M.S. SHASHIDAR BABU AGED ABOUT 59 YEARS R/AT. NO.24, SINGENA AGRAHARA ROAD - 3 - NC: 2026:KHC:5099-DB R.F.A. No.922/2024 HC-KAR BEHIND FRUITS MARKET SINGENA AGRAHARA BENGALURU-560100. 4(b) SMT. PREETI REDDY D/O LATE M. SHASHIDAR BABU AGED ABOUT 40 YEARS R/AT. 2ND MAIN, SRINIVAS RESIDENCY ROAD BEHIND TOTAL MALL, K.R. GARDEN MURUGESHAPALYA, VIMANAPURA BENGALURU-560017. 4(c) SMT. RESHMA BABU REDDY D/O LATE M. SHASHIDAR BABU AGED ABOUT 37 YEARS R/AT.NO.142, 1ST MAIN, 2ND CROSS KANAKA LAYOUT, BANASHANKARI 2ND STAGE, BENGALURU-560070. SRI. M. VIJAYA KUMAR REDDY S/O SMT. NAGARATHNAMMA SINCE DEAD BY LR'S. RESPONDENTS NO.5 & 6 ARE THE LR'S OF SRI. VIJAYA KUMAR REDDY.
6. SMT. S.Y. VASANTHA AGED ABOUT 53 YEARS W/O LATE SRI. M. VIJAYA KUMAR REDDY. SMT. SINDHU V.K. REDDY AGED ABOUT 33 YEARS D/O LATE SRI. M. VIJAYA KUMAR REDDY. 5 AND 6 BOTH ARE R/AT NO.676, 3RD FLOOR 1ST CROSS, 5TH MAIN, ITI LAYOUT BANGALORE 560068. SRI. VENKATASWAMY REDDY S/O LATE SRI. B. MUNIREDDY - 4 - NC: 2026:KHC:5099-DB R.F.A. No.922/2024 HC-KAR SINCE DEAD BY LR'S. SMT. GOWRAMMA W/O LATE SRI. M. VENKATASWAMY REDDY DIED ON 09-09-2010 (DELETED IN THE TRIAL COURT VIDE ORDER DATED 28-01.2011) SRI. B.V. RAJASHEKAR REDDY S/O SRI. M. VENKATASWAMY REDDY SINCE DEAD BY LRS. RESPONDENTS NO.7 TO 9 ARE THE LR'S OF SRI. B.V. RAJASHEKAR REDDY.
9. SRI. B.R. VISHWA CORRECT NAME IS B.R. VISHWAS S/O LATE SRI. B.V. RAJASHEKAR REDDY AGED ABOUT 41 YEARS R/AT NO.1883, 10TH MAIN BSK 2ND STAGE BANGALORE 560070. USHA W/O LATE SRI. B.V. RAJASHEKAR REDDY AGED ABOUT 64 YEARS R/AT NO 1883, 10TH MAIN BSK 2ND STAGE BANGALORE 560070.
RACHANA W/O SRI. SHARABHA REDDY AGED ABOUT 41 YEARS. D/O LATE SRI. B.V. RAJASHEKAR REDDY R/AT NO.1883, 10TH MAIN BSK 2ND STAGE BANGALORE 560070.
10. SRI. B.V. GOPALA REDDY S/O SRI. M. VENKATASWAMY REDDY AGED ABOUT 68 YEARS - 5 - NC: 2026:KHC:5099-DB R.F.A. No.922/2024 HC-KAR RESIDING AT NO 491/10 39TH CROSS, 1ST MAIN 8TH BLOCK, JAYANAGAR BANGALORE 560082.
11. SRI. B.V. SADANANDA REDDY S/O SRI. M. VENKATASWAMY REDDY AGED ABOUT 66 YEARS RESIDING AT NO 801 9TH MAIN, III BLOCK KORAMANGALA, BANGALORE 560035.
12. SMT. KALPANA REDDY D/O SRI. M. VENKATASWAMY REDDY W/O N.G. KRSHNA REDDY AGED ABOUT 60 YEARS R/AT NO 530, ANJANEYA TEMPLE STREET V V PURAM, BANGALORE 560004.
13. SRI. AJITH KOTHANETH AGED ABOUT 74 YEARS S/O AIR CMDR., LATE SRI K.N. KOTHANESH R/AT NO.80, 3RD CROSS, LAVELLE ROAD BANGALORE 560001.
14. SMT. KAMALAKSHI KOTHANETH AGED ABOUT 71 YEARS W/O SRI AJITH KOTHANETH RESIDING AT NO 80 3RD CROSS, LAVELLE ROAD BANGALORE 560001.
15. M/S. PAPPY DEVELOPERS PVT LTD A COMPANY REGISTERED UNDER THE PROVISIONS OF THE COMPANIES ACT 1956 HAVING ITS AT NO 403 SAGAR AVENUE LALLUBHAI JUNCTION S.V. ROAD, ANDHERI WEST MUMBAI. - 6 - NC: 2026:KHC:5099-DB R.F.A. No.922/2024 HC-KAR REPRESENTED BY ITS DIRECTOR SRI. DEEPAK B. AGARWAL. [AMENDMENT CARRIED OUT VIDE COURT ORDER DATED 29.01.2026] …RESPONDENTS (BY SRI. RAGHAVENDRA PRASAD M.S. ADV., FOR C/R1 TO R6 SRI. ADITHYA NARAYAN, ADV., FOR R13 & R14 R12 SERVED) ****** THIS RFA IS FILED UNDER SECTION 96 OF CPC, PRAYING TO ALLOW THIS APPEAL AND SET ASIDE THE IMPUGNED JUDGMENT AND DECREE DATED 25.01.2024 PASSED IN O.S.NO.6871/2007 BY THE LXII ADDL. CITY CIVIL AND SESSIONS JUDGE, BENGALURU CITY (CCH NO.63) AND CONSEQUENTLY DISMISS THE SUIT BEARING O.S.NO.6871/2007 & ETC. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL - 7 - NC: 2026:KHC:5099-DB R.F.A. No.922/2024 HC-KAR ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL) Sri.G.L.Vishwanath, learned Senior Counsel appearing on behalf of Sri.V.C.Raju, learned counsel for the appellants, Sri. Raghavendra Prasad M.S., learned counsel for the respondent Nos.1 to 6 and Sri.Adithya Narayan, learned counsel for the respondent Nos.13 and 14 submits that the parties have settled the dispute amicably between themselves and filed compromise petition under Order XXIII Rule 3 read with Section 151 of Civil Procedure Code, 1908.
2. The terms of the compromise petition reads as under: "The Appellants and the Respondents 1 to 6 above named most humbly submit as Follows:
1. The Respondent Nos.1 to 6 were the Plaintiffs in O.S.No.6871/2007 and the Appellants were Defendant Nos.3(a) Smt. Chandra @ Chandrakantha Y R and (3b) Smt. Chaitra @ Chaitra Reddy Pradeep respectively. The - 8 - NC: 2026:KHC:5099-DB R.F.A. No.922/2024 HC-KAR present compromise is restricted to only Plaintiffs and Defendant Nos.3 (a) and 3(b).
2. The above Appeal is filed by the Appellants challenging the Judgement and Decree dated 25.01.2024 passed in O.S.No.6871/2007 by the LXII Addl. City Civil and Sessions Judge, Bengaluru City and to consequently dismiss the Suit bearing O.S.No.6871/2007 besides to award costs and such other reliefs as this Hon’ble Court may deem fit to grant in the interest of justice.
3. One Smt. Nagarathnamma and others, had filed a Suit against Sri Venkataswamy Reddy and others before the trial court in O.S.No.6871/2007 for the relief of Partition and separate possession of their ½ share (50% share) in Item no.1 and 1/4th share (25% share) in Item No.2 of the Plaint Schedule Property. The said suit upon contest came to be decreed vide judgement dated
25.01.2024, passed by the Trial Court. Hence this Appeal.
4. Smt. Nagarathnamma, the Plaintiff No.1, died on
28.12.2020. Smt. Gowramma, the Plaintiff No.2 died on
18.01.2018, Sri M.Vijaya Kumar Reddy, the Plaintiff No.6 died on 06.08.2020 and Sri M.Shashidhar Babu, Plaintiff No. 5 died on 23.09.2025. All the deceased parties are represented by their respective representatives. - 9 - NC: 2026:KHC:5099-DB R.F.A. No.922/2024 HC-KAR
5. The Family Tree of the Parties the better understanding is reproduced below: Family tree Thimmaraya Reddy @ Thimmaraya Gowda B.Muni Reddy Ramakka (Wife) Lakshmaiah Reddy L.Srinivas Reddy L.Narayana Reddy M.Venkataswamy Reddy (D1) Gowramma (wife) D1(a) Nagarathnamma (P.1) Ramakrishna Nagaraja M.Suresh M.Shashidar M.Vijayakumar Reddy (died) Reddy(P.3) Chandra Babu(P4) Babu(P5) Reddy(P6) Gowramma (wife)(P.2) B.V.Rajeshekar Reddy (D2) Usha (wife) [D2(b)] B.V.Prabhakar Reddy(D3) B.V.Gopal Reddy B.V.Sadananda Smt. Kalpana Chandra @ Chandrakantha (wife) D3(a) Reddy (D5) Reddy (D6) (D4) Chaitra @ Chaitra Reddy (D)[3(b)] B.R.Vishwas (D2a) Rachana (D2c)
6. A registered Partition Deed dated 28.06.1974 (Ex.P4) registered as Document No.1200/74-75 came to be - 10 - NC: 2026:KHC:5099-DB R.F.A. No.922/2024 HC-KAR entered into between B. Munireddy (and his branch) on the one hand with Lakshmaiah Reddy (and his branch) on the other. There were 10 Schedules to the said registered Partition Deed (Schedule ‘A’ to ‘J’) and the division was in the manner following: Schedule A B C D E F G H I J Venkataswamy Beneficiary B. Munireddy M. Reddy B.V. Rajashekar Reddy B.V. Prabhakar Reddy B.V. Gopala Reddy B.V. Sadananda Reddy B. Lakshmaiah Reddy L. Srinivasa Reddy L. Narayana Reddy For enjoyment Common
7. The properties allotted/ retained by B. Munireddy vide Schedule ‘A’ was bequeathed by him in favour of his only son Venkataswamy Reddy under a Will dated
20.04.1975 (Ex.D20).
8. As per the family tree mentioned above, Venkataswamy Reddy had 4 sons and 1 daughter. The properties fallen to the share of Venkataswamy under the registered Partition Deed dated 28.06.1974 (Ex.P4) vide schedule B and under the Will dated
20.04.1975 (Ex.D20), he (Venkataswamy Reddy) in turn executed registered Gift Deeds of these properties - 11 - NC: 2026:KHC:5099-DB R.F.A. No.922/2024 HC-KAR in favour of his sons and grandsons. One such registered Gift Deed dated 10.09.2007 (registered as Document No.1534/2007-08 in the office of the Sub- Registrar, Sarjapura, Anekal), executed Venkataswamy Reddy in favour of his 2nd son B.V. Prabhakar Reddy related to the following lands in Dommasandra Village. The details of which are as under: Sl. N o. 1 2 3 4 5 6 7 Sy. No. (New No.75 /5) 124 157/2, New No.15 Total Extent Acres - Guntas 24 24 14 6 ½ 20 3 – 39 30 6 – 37 ½
9. In addition to the above registered Gift Deed dated 10.09.2007 (Document No.1534/2007-08), the said Venkataswamy Reddy had also acquired certain - 12 - NC: 2026:KHC:5099-DB R.F.A. No.922/2024 HC-KAR other lands after the partition deed dated 28.06.1974 (Ex.P4) and these lands constituted his self-acquired properties. In respect of self-acquired properties, Venkaraswamy Reddy executed a registered Gift Deed dated 10.09.2007 (Document No.1541/2007-08 in the office of the Sub-Registrar, Sarjapura, Anekal) thereby gifting those self-acquired lands measuring about 4 acres 6.50 guntas in Sy.No.70/2, 70/3, 70/4, 70/6, 73/1, 73/2, 74/3, 75/4, 77 and 125 of Dommasandra Village to his son B.V. Prabhakar Reddy.
10. In the manner afore sated, B.V. Prabhakar Reddy became the owner of the lands under the two registered Gift Deeds dated 10.09.2007 executed by his father Venkataswamy Reddy. These Gift Deeds were with respect lands acquired by Venkataswamy Reddy under the Will Deed dated
24.04.1975 (Ex.D20) and the lands acquired by him after the date of the Partition (viz., self-acquired properties).
11. The suit O.S.No.6871/2007 from which the present appeal arise relates to the following items of properties: - 13 - NC: 2026:KHC:5099-DB R.F.A. No.922/2024 HC-KAR (a) Schedule ‘A’ of B. Munireddy under the Partition Deed (Ex.P4); and claim for 50% in the said items. (b) The 25% of undivided interest of Venkataswamy Reddy in Schedule ‘J’ under the Partition Deed dated 28.06.1974 (Ex.P4) viz., properties left for common enjoyment of both branches of B. Muni Reddy and Lakshmaiah Reddy.
12. It is submitted that during the pendency of the Appeal the Appellants and the Respondent Nos.1 to 6, (the Plaintiffs in the trial court), held several rounds of discussions and negotiations to effectively and conclusively resolve the dispute between their families amicably. The Appellants and the Respondent Nos. 1 to 6 have arrived at a settlement/compromise to resolve all the interse disputes and hence they have deemed it expedient to report the said settlement / compromise before this Honourable Court.
13. TERMS OF COMPROMISE
13.1 The Respondent Nos. 1 to 6 hereby declare that there are no other case, complaint or legal proceeding either civil or revenue filed by them, pending as against Appellants or family members, concerning the subject matter of this Appeal. If there - 14 - NC: 2026:KHC:5099-DB R.F.A. No.922/2024 HC-KAR is /are any other proceedings pending, the same shall be unconditionally withdrawn immediately by the Respondents, based on this settlement arrived at or in the alternative the Appellants may produce this compromise and have those proceedings terminated.
13.2 The Respondents 1 to 6 agree unconditionally to withdraw all their claim, right, title interest besides the demand and reliefs sought in respect of properties, which have specifically fallen to the share of the Appellant Sri B.V.Prabhakar Reddy vide schedule D to the Partition Deed dated 28.06.1974 (Ex.P4) and also the properties acquired by Sri.B.V.Prabhakar Reddy under the Gift Deed dated 10.09.2007 which is registered as Document No.1534/2007-08. The said B.V.Prabhakar Reddy died during the pendency of the proceedings. Similar disclaimer is made by the Respondent Nos.1 6 properties inherited/acquired by the legal heirs of the said Sri B.V.Prabhakar Reddy, the Appellants herein.
13.3 The Respondents 1 to 6 hereby specifically confirm the due execution and validity of the documents detailed below. They also confirm the ownership and possession of the Appellants and/or the persons claiming through viz., purchaser/alienees in respect of the portions acquired by them respectively pursuant to the said documents: - 15 - NC: 2026:KHC:5099-DB R.F.A. No.922/2024 HC-KAR (i) The Properties fallen to the share of Sri B.V.Prabhakar Reddy under the Partition Deed dated
28.06.1974 (Ex.P4) registered as Document No.1200/1974-75 in the Office of the Sub-Registrar, Anekal and described as schedule D thereto; (ii) The properties bearing Sy. No. 147/7 (2.5 guntas out of 10 guntas) described as Item No. 8 in the schedule and Sy. No. 148/5 (9¼ guntas out of 37 guntas) described as Item No. 9 in the schedule, belonging absolutely to Sri. B.V. Prabhakara Reddy and his legal heirs. The Appellants are entitled to seek mutation / change of revenue records in respect of Items 8 & 9 of the schedule to their names. (iii) The Gift Deed dated 10.09.2007 which registered as Document No.1534/2007-08, and registered in the office of Sub-Registrar, Sarjapur, Anekal, executed by Sri M.Venkataswamy Reddy S/o B.Munireddy in favour of Sri B.V.Prabhakar Reddy in respect of lands bearing Sy.No.70/5 measuring 24 guntas, Sy.No.74/1 measuring 24 guntas, Sy.No.75/1 measuring 14 guntas, Sy.No.75/3 measuring 6 ½ guntas, Sy.No.76/1 measuring 20 guntas, Sy.No.124 measuring 3 acres 39 guntas and 157/2 (new Sy.No.157/9) measuring 30 guntas, totally measuring about 6 Acre and 37.50 Gunta of Dommasandra Village; - 16 - NC: 2026:KHC:5099-DB R.F.A. No.922/2024 HC-KAR (iv) The Respondents 1 to 6 submit that the above stipulations namely clause 13.3(ii) and Clause 13.3 (iii) are without Prejudice to their rights to contest the other appeals as the above stipulations are confined / restricted only to this appeal. (v) Gift Deed dated 09.02.2017 executed by Smt.Y.R.Chandrakantha, W/o late B.V.Prabhakar Reddy in favour of Smt.Chaitra Reddy P, D/o late B.V.Prabhakar Reddy, registered as Document No.4095/2016-17 in the office of the Sub-Registrar, Basavanagudi, Sarjapura, in respect of lands in Sy.Nos.84/3 (27.50 Gunta) and Sy.No.84/4 (34.50 Gunta) totally measuring 1 Acre 22 Gunta situated at T.C.Halli;
13.4 The Respondents 1 to 6 further confirm that the Appellants (and/or their successors in interest) have been in exclusive possession of the subject properties, which are referred in this compromise inter alia at Clause 13.3 above and the Appellants or anyone claiming through them shall be entitled to exclusively continue in open, continuous and uninterrupted possession and enjoyment of the properties mentioned in Clause 13.3 above and to exercise their full ownership rights in the said properties without any obstruction or interference either by the Respondent No.1 to 6 or anyone claiming through them. - 17 - NC: 2026:KHC:5099-DB R.F.A. No.922/2024 HC-KAR
13.5 In consideration of the respondents 1 to 6 waiving, releasing, relinquishing, giving up their undivided share, right, title and interest in the subject properties, the Appellants and the Respondents 1 to 6 have now agreed that the Appellants would pay the sum of Rs. 10,25,00,000/- (Rupees Ten Crore Twenty- Five Lakhs Only) to the Respondents 1 to 6 in lieu of the share of the Respondents 1 to 6 in the subject properties concerned. The said sum is paid in the following manner. (i) Rs.2,05,00,000/- (Rupees Two Crore Five Lakh Only) to Respondent No.1 by way of Demand draft bearing No.019910 dated 21.01.2026 drawn on Canara Bank, Dommasandra Branch, Bengaluru, in favour of Sri. R Vinay Reddy. (ii) Rs.2,05,00,000/- (Rupees Two Crore Five Lakh Only) to Respondent No.2 by way of Demand draft bearing No.019911 dated 21.01.2026 drawn on Canara Bank, Dommasandra Branch,, Bengaluru, in favour of Sri. M. Nagaraja Reddy. (iii) Rs.2,05,00,000/- (Rupees Two Crore Five Lakh Only) to Respondent No.3 by way of Demand draft bearing No.019915 dated 22.01.2026 drawn on Canara Bank, Dommasandra Branch,, - 18 - NC: 2026:KHC:5099-DB R.F.A. No.922/2024 HC-KAR Bengaluru, in favour of Sri. M. Suresh Chandra Babu. (iv) The share of Respondent No. 4 namely late Sri. Shashidhara Babu is divided among his three legal heirs as follows; (a) Rs.68,33,333/- (Rupees Sixty Eight Lakh Thirty Three Thousand Three hundred Thirty Three Only) Respondent No.4(a) by way of Demand draft bearing No. 019909 dated
21.01.2026 drawn on Canara Bank, Dommasandra Branch, Bengaluru, favouring Smt. Manjula .S. (b) Rs. 68,33,333/- (Rupees Sixty Eight Lakh Thirty Three Thousand Three hundred Thirty Three Only) Respondent No.4(b) by way of Demand draft bearing No.019908 dated
21.01.2026 drawn on Canara Bank, Dommasandra Branch, Bengaluru, favouring Smt. Preethi Reddy. (c) Rs. 68,33,333/- (Rupees Sixty Eight Lakh Thirty Three Thousand Three hundred Thirty Three Only) Respondent No.4(c) by way of Demand draft bearing No.019907 dated
21.01.2026 drawn on Canara Bank, - 19 - NC: 2026:KHC:5099-DB R.F.A. No.922/2024 HC-KAR Dommasandra Branch,, Bengaluru, favouring Smt. Reshma Babu Reddy. (v) The share of Respondent No.5 namely late Sri. M. Vijaya Kumar is divided among his two legal heirs as follows; (a) Rs.1,02,50,000/- (Rupees One Crore Two Lakh Fifty Thousand Only) Respondent No.5(a) by way of Demand draft bearing No.019914 dated 21.01.2026 drawn on Canara Bank, Dommasandra Branch,, Bengaluru, favouring Smt. S.Y. Vasantha. (b) Rs.1,02,50,000/- (Rupees One Crore Two Lakh Fifty Thousand Only) Respondent No.5(b) by way of Demand draft bearing No. 019913 dated 21.01.2026 drawn on Canara Bank, Dommasandra Branch,,Bengaluru, favouring Smt. Sindhu V.K. Reddy.
13.6 The Respondents 1 to 6 acknowledge the receipt of the above consideration in full and final settlement of all their claims, demands, right, title and interest and reliefs sought in respect of properties mentioned in Clause 13.3 above. The remaining rights of respondents 1 to 6 under the Judgement and Decree passed in O.S.No.6871/2007, favour of respondents 1 to 6 to stand unaffected. Since the - 20 - NC: 2026:KHC:5099-DB R.F.A. No.922/2024 HC-KAR Respondents have received monetary consideration in lieu of their specific undivided share, right, title and interest in the properties specifically claimed by the Appellants herein and/or their Purchasers, Respondents 1 to 6 hereby give up, release, relinquish their right, title and interest over the properties specifically claimed by the Appellants or Purchasers and mentioned in clause 13.3. This settlement / compromise is confined only in respect of the properties specifically claimed by the Appellants herein and stated in Clause 13.3.
13.7 The Respondents No. 1 to 6 shall have no claim against the Appellants with respect to the properties mentioned in Clause 13.3 above and that the Judgment and Decree passed in O.S.No.6871/2007 shall not affect the rights of the Appellants with respect to the properties mentioned in Clause 13.3. In view of the Respondents No.1 to 6 (Plaintiffs) conceding that the properties mentioned in Clause
13.3 are the absolute properties of the Appellants (Defendants No.3(a) and (b), the Appellants shall withdraw the Appeal filed against Judgement and Decree passed in O.S.No.6871/2007 pending on the file of this Honourable Court in view of compromise. - 21 - NC: 2026:KHC:5099-DB R.F.A. No.922/2024 HC-KAR
13.8 The Appellants and Respondents 1 to 6 hereby declare and undertake that this compromise equitable and the same shall not be reopened or challenged or called in question in future in any court of law. The Respondent Nos.1 to 6 will co-operate in getting the compromise decree duly registered,
13.9 The Respondents 1 to 6 admit that apart from entering into this compromise petition, and in addition thereto, they are ready and willing to execute any type of document in favour of the Appellants herein for better assurance of their title over the properties in clause “13.3” above without claiming any amount from the Appellants.
13.10 The Appellants and the Respondents 1 to 6 have withdrawn all the allegations, claims, counter claims made interse against each other in the Plaint, Written Statements, Appeal and Objection Statements respectively without reserving any rights, in view of this settlement between the parties.
13.11 The Appellants and Respondents 1 to 6 hereby declare that they have understood the contents of this compromise and its legal consequences/implications and the same is lawful and binding on both parties herein. They have entered into this compromise on their self-volition. Hence each of them have come forward voluntarily settle and compromise the matter. - 22 - NC: 2026:KHC:5099-DB R.F.A. No.922/2024 HC-KAR
14. Both Parties hereby affirm/declare that this compromise has been entered into after introspection / deliberations among all the family members, besides well-wishers. They further declare that this settlement/ compromise is beneficial to all the parties concerned. Both parties to overcome uncertainties of court proceedings, besides the time likely to be consumed in the process of such proceedings attaining finality, have taken decision to enter into this compromise in the larger interest of their respective families. The parties do hereby agree that in terms of neither of them have any claim or demand against each other in future and the compromise has been entered into in full final settlement of the rights and interest in respect of the Schedule Properties.
15. In view of the acceptance of the ownership of the Appellants with reference to the properties as detailed above, the respondents 1 to 6 by releasing, relinquishing their specific right, title, interest and claims on the said properties, both parties now affirm that there are no other mutual claims and this compromise has brought about full, final, complete effective settlement as between the Appellants and the Respondents 1 to 6. The Respondents 1 to 6 have received monetary consideration in lieu of their specific - 23 - NC: 2026:KHC:5099-DB R.F.A. No.922/2024 HC-KAR share in the properties, which are the subject matter of this Appeal.
16. The Appellants have sold some of the properties which were acquired by Sri. B.V. Prabhakar Reddy under the Gift Deed dated 10.09.2007 (Document No.1534/2007-08) executed by Sri. M. Venkataswamy Reddy, which were acquired by M. Venkataswamy Reddy under the Partition Deed dated 28.06.1974 and under the Will dated 20.04.1975. The details of the Sale Deeds with respect to the properties acquired by B.V. Prabhakar Reddy under the Gift Deed dated 10.09.2007 (Document No.1534/2007-08) and sold to third party purchasers are as follows: (i) Sy.No.70/5 of Dommasandra Village measuring 24 guntas was sold in favour of Ms.Anitha S. Shetty under a Sale Deed dated 25.05.2016 registered as Document No.SRJ-1-00660-2016-17 in the office of the Sub-Registrar, Basavanagudi, Sarjapura. (ii) Sy.No.74/1 of Dommasandra Village measuring 24 guntas was sold in favour of M/s. Sai Suyug Ventures LLP under a Sale Deed dated 11.03.2024 registered as Document No.SRJ-4-00724-2023-24 in the office of the Sub-Registrar, Basavanagudi, Sarjapura. - 24 - NC: 2026:KHC:5099-DB R.F.A. No.922/2024 HC-KAR (iii) Sy.No.75/1 of Dommasandra Village measuring 14 guntas was sold in favour of M/s. Sai Suyug Ventures LLP under a Sale Deed dated 11.03.2024 registered as Document No.SRJ-4-00725-2023-24 in the office of the Sub-Registrar, Basavanagudi, Sarjapura. (iv) Sy.No.75/3 of Dommasandra Village measuring
06.05 guntas was sold in favour of T.Y. Mahesh Kumar under a Sale Deed dated 15.06.2016 registered as Document No.SRJ-1-00965-2016-17 in the office of the Sub-Registrar, Basavanagudi, Sarjapura. (v) Sy.No.76/1 of Dommasandra Village measuring 20 guntas was sold in favour of M/s. Sai Suyug Ventures LLP under a Sale Deed dated 11.03.2024 registered as Document No.SRJ-4-00726-2023-24in the office of the Sub-Registrar, Basavanagudi, Sarjapura. The Respondents No.1 to 6 shall confirm the above said Sale Deeds and concede that the said purchasers are the absolute owners of the properties purchased by them under the said Sale Deeds. The Respondents No.1 to 6 agree that they will not interfere with the right, possession and enjoyment of the said purchasers with respect to the properties purchased by them. - 25 - NC: 2026:KHC:5099-DB R.F.A. No.922/2024 HC-KAR
17. The Respondents No.1 to 6 have no objections to the said purchasers getting Khatha/Mutation in their respective names for the properties purchased by them under the Sale Deeds mentioned in paragraph No.9 above.
18. Each of the parties have read and understood and/or got explained the contents of this Compromise Petition in a language understood by them and after obtaining independent legal advice, each of the parties have entered into this Compromise. This Compromise will bind not only to the parties to this Compromise Petition but also the respective legal heirs, successors in interest and/or anybody claiming through them. WHEREFORE, the Appellants and Respondent Nos.1 to 6 most humbly pray that this Hon’ble Court may be pleased to accept this compromise petition and dispose off the above Appeal in terms hereof, in the interest of justice and equity. SCHEDULE PROPERTY Item :1 All that piece and parcel of the property bearing Sy. No. 70/5 measuring 24 Guntas Situated at Dommasandra Village, Sarjapura Hobli, Anekal Taluk, Bengaluru District and bounded on the - 26 - NC: 2026:KHC:5099-DB R.F.A. No.922/2024 HC-KAR East by : Property of Appajappa & Sy. No. 76 & West by : Private Property North by South by : Property of M Ramaiah & Sy. No. 70/3 & : Private property & Sy. No. 70/6 Item: 2 All that piece and parcel of the property bearing Sy. No. 74/1 measuring 24 Guntas Situated at Dommasandra Village, Sarjapura Hobli, Anekal Taluk, Bengaluru District and bounded on the East by : Land in Survey No 104/2 West by : Land in Survey No 75/1 North by : Land in Survey No 88/2 and 86/2 South by : Land in Survey No 74/2 Item :3 All that piece and parcel of the property bearing Sy. No. 75/1 measuring 14 Guntas Situated at Dommasandra Village, Sarjapura Hobli, Anekal Taluk, Bengaluru District and bounded on the East by : Land in Survey No 74/1 West by : Land in Survey No 76/1 North by : Land in Survey No 86/2 and 85/2 South by : Land in Survey No 75/2 Item :4 All that piece and parcel of the property bearing Sy. No. 75/5 (Old Sy. No. 75/3) measuring 06 ½ Guntas - 27 - NC: 2026:KHC:5099-DB R.F.A. No.922/2024 HC-KAR Situated at Dommasandra Village, Sarjapura Hobli, Anekal Taluk, Bengaluru District and bounded on the East by : Property of B Lakshmaih Reddy West by : Property of M Appajappa North by : Property of Venkat Reddy 75/4 South by : Property of B Lakshmaih Reddy Item :5 All that piece and parcel of the property bearing Sy. No. 76/1 measuring 20 Guntas Situated at Dommasandra Village, Sarjapura Hobli, Anekal Taluk, Bengaluru District and bounded on the East by : Land in Survey No 75/1 West by : Land in Survey No 77/2 North by : Land in Survey No 85/2 and 77/1 South by : Land in Survey No 76/2 Item :6 All that piece and parcel of the property bearing Sy. No. 157/9 (Old Sy. No. 157/2) measuring 30 Guntas Situated at Dommasandra Village, Sarjapura Hobli, Anekal Taluk, Bengaluru District and bounded on the East by : Property of C Muni Reddy and B.Venakata Reddy West by : Property in Survey No 156 North by : Property of the Donor as per Schedule A to the Partition dated 28.06.1974 South by : Property of B Venkata Reddy - 28 - NC: 2026:KHC:5099-DB R.F.A. No.922/2024 HC-KAR Item :7 All that piece and parcel of the property bearing Sy. No. 124 measuring 3 acres 39 Guntas Situated at Dommasandra Village, Sarjapura Hobli, Anekal Taluk, Bengaluru District and bounded on the East by : Property of Survey No 123 West by : Govindapura Gram Thana North by : Property of Survey No 158/15 South by : Property of Survey No 125 Item :8 All that piece and parcel of the property bearing Sy. No. 147/7 measuring 2.5 Guntas out of 10 Guntas Situated at Dommasandra Village, Sarjapura Hobli, Anekal Taluk, Bengaluru District and bounded on the East by : Property of B Venkatesh Reddy Land West by : ‘A’ Schedule Land North by : ‘G’ Schedule Land South by : Property of B Venkatesh Reddy Land Item :9 All that piece and parcel of the property bearing Sy. No. 148/5 measuring 9 ¼ Guntas out of 37 Guntas Situated at Dommasandra Village, Sarjapura Hobli, Anekal Taluk, Bengaluru District and bounded on the East by : Property as per Schedule ‘G’ to the Partition dated28.06.1974 West by : Property as per Schedule ‘H’ to the Partition dated 28.06.1974 - 29 - NC: 2026:KHC:5099-DB R.F.A. No.922/2024 HC-KAR North by : Property as per Schedule ‘G’ to the Partition dated 28.06.1974 South by : Property of B Venkatesh Reddy Land"
3. Learned Senior Counsel and the learned counsel representing the parties submit that the parties to the appeal are present and they are identified by their respective counsel. The parties, who are present before the Court, state that they have understood the terms of compromise and affixed their signature on their own volition. It is also submitted that as per the terms of compromise, amount has been received as per para 13.5 of the compromise petition.
5. Their statement is placed on record. Learned Senior Counsel for the appellants submits that respondent Nos.7 to 15 are co-defendants in the suit, and they are not parties in the compromise petition and a memo is filed to the said effect.
7. The said memo is placed on record. Sri.Raghavendra Prasad M.S., learned counsel for the respondents submits that respondent No.6 has given - 30 - NC: 2026:KHC:5099-DB R.F.A. No.922/2024 HC-KAR Special Power of Attorney in favour of respondent No.5 to sign the compromise petition.
8. The said Special Power of Attorney is placed on record.
9. We have perused the terms of compromise petition, they are in accordance with law and not opposed to public policy.
10. The compromise petition is placed on record.
11. The appeal is disposed of, in terms of the compromise petition. Registry to draw the decree in terms of the compromise petition. Sd/- (ANU SIVARAMAN) JUDGE Sd/- (VIJAYKUMAR A. PATIL) JUDGE BSR/List No.: 4 Sl No.: 0