The High Court
Case Details
- 1 - NC: 2025:KHC:20114 RSA No. 1142 of 2013 HC-KAR IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE ASHOK S.KINAGI REGULAR SECOND APPEAL NO. 1142 OF 2013 (DEC/INJ-) …APPELLANT BETWEEN: 1. R. PATRIC, AGED ABOUT 59 YEARS, S/O, RATNAM, RESIDING AT NO.114/2B, II CROSS, RAJENDRANAGARA, MYSORE-570007.
Legal Reasoning
(BY SRI.T.P.VIVEKANANDA, ADVOCATE) AND: 1. CHANDRU, AGED ABOUT 55 YEARS, S/O.LATE VENKATAIAH, RESIDING AT NO.142/1, MODEL HOUSE BLOCK, TANK ROAD, 4TH CROSS, N.R.MOAHLLA, MYSORE-570001, SINCE DEAD, BY HIS LR’s 1(a) SOMASHEKAR, S/O LATE CHANDRU V, AGED ABOUT 49 YEARS, R/AT NO.142, 4TH CROSS TANK ROAD, N.R.MOAHLLA, MYSORE-570007. Digitally signed by SUNITHA K S Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:20114 RSA No. 1142 of 2013 HC-KAR 1(b) LOKESH C, S/O LATE CHANDRU V, AGED ABOUT 47 YEARS, R/AT NO.14217781, VIJAYANAGAR 4TH STAGE, II PHASE, MYSORE-570032. 1(C) SRI.RAVIPRAKASH C, S/O LATE V CHANDRU, AGED ABOUT 42 YEARS, R/AT NO.187, GANESH NAGAR, MASHANA GATE OPP. ROAD, MYSORE-570007. (BY MS.SAMASHRITHA R, ADVOCATE FOR SRI. AKARSH KUMAR GOWDA, ADVOCATE FOR PROPOSED R1(A); VIDE ORDER DATED 11.06.2025 R1(B) AND R1(C) ARE DELETED) …RESPONDENTS THIS RSA IS FILED UNDER SEC.100 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 16.3.2013 PASSED IN R.A.NO.9/2012 ON THE FILE OF THE PRESIDING OFFICER, FAST TRACK COURT IV, MYSORE, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 12.9.2011 PASSED IN O.S.NO.1387/2007 ON THE FILE OF THE III ADDL. I CIVIL JUDGE & JMFC., MYSORE. THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE ASHOK S.KINAGI - 3 - NC: 2025:KHC:20114 RSA No. 1142 of 2013 HC-KAR ORAL JUDGMENT 1. Learned counsel for respondent No.1(a) filed a memo stating that the deceased respondent No.1 i.e., V.Chandru had gifted the property situated at No.142/1, Model House Block, Tank Road, 4th cross, N.R.Mohalla, Mysore in favour of respondent No.1(a) and, hence, the other legal heirs of deceased respondent No.1 i.e., respondent No.1(b) and 1(c) do not have any right over the suit schedule property as respondent No.1(a) is the absolute owner. Hence, the signatures of respondent No.1(b) and 1(c) on the compromise petition may be dispensed with, and that respondent No.1(a) undertakes to produce the gift deed executed by respondent No.1 in favour of respondent No.1(a) on or before 17.06.2025. 2. The memo is placed on record. - 4 - NC: 2025:KHC:20114 RSA No. 1142 of 2013 HC-KAR 3. The appellant and respondent No.1(a) are physically present before the Court. They are identified by their respective counsel. 4. The appellant and respondent No.1(a) filed a compromise petition under Order 23 Rule 3 of CPC, which reads as under: “1. The appellant has filed a suit in OS No.1387/2007 for a declaration that the staircase put up by the defendant towards the western side of the suit schedule property encroaching upon the set back area of 4'. In addition, the appellant has also sought for mandatory injunction to remove the staircase or in the alternative permit him to remove the stair case at the cost of the defendant. 2. The case of the appellant was that he is the owner of suit schedule property having purchased the same through registered Sale Deed dated 15.06.2006. Out of the total plot measuring 45' X 50', construction has been put up in 41' X 50' leaving setback of about 4' on the western side of the property. 3.The defendant has contended that in the partition dated 29.11.1999, he and his brother have partitioned the remaining extent of 30' X 50' i.e., 22' × 20’ each to the defendant and his younger brother Shri.Nagendra and a passage of 8' has been provided for common usage. - 5 - NC: 2025:KHC:20114 RSA No. 1142 of 2013 HC-KAR 4. Trial court has dismissed the suit and the First Appellate court has confirmed the judgment of the Trial Court. Challenging the said judgments the above appeal is file. 5. During the pendency of the above appeal, the appellant and the legal representatives of respondent the original defendant Nos.1(a) herein on the aid and advice of their respective Counsel and well-wishers have decided to give a quietus to the dispute by amicably settling the matter in the following terms: i.e., (i) Out of the area of 8' existing in between the building belongs to the appellant and the respondents, the appellant shall be entitled to retain 3' X 50' and the respondents shall be entitled to retain 5' X 50’. (ii) The respondents shall alter the staircase at the North- West corner attached to the appellant's building and make suitable alteration for their ingress residential house within 3 months from today. egress and to (iii) The appellant shall be entitled to put up compound wall on the western side of his property within the boundary of 3' as detailed in para (i) above. It is clarified that the compound shall be within 3' area. (iv) The respondent Nos.1(a) have no claim whatsoever in respect of the area measuring 3' X 50' from north to south. - 6 - NC: 2025:KHC:20114 RSA No. 1142 of 2013 HC-KAR (v) The appellant has no claim over the area measuring 5' X 50' north to south. (vi) The respondent Nos.1(a) undertakes to alter the staircase existing on the North-West corner attached to the building belongs to the appellant. (vii) The appellant is at liberty to put up construction of compound wall as mentioned above within four weeks from the date of removal of the staircase as per Clause (ii) above. (viii) At the time of alteration of staircase by Respondent No.1(a) and at the time of construction of compound wall by the appellant, the appellant and Respondent No.1(a) shall cooperate each other and do not raise any objections. PRAYER WHEREFORE, the appellant and respondent Nos.1(a) to 1(c) respectfully pray that this Hon’ble Court may be pleased to dispose of the above appeal in the aforesaid terms, in the interest of justice and equity.” 5. The contents of the compromise petition are read over, and explained to the parties. They have accepted the terms and conditions mentioned in the compromise petition and, accordingly, prays to - 7 - NC: 2025:KHC:20114 RSA No. 1142 of 2013 HC-KAR dispose of the appeal, in terms of the compromise petition. 6. 7. 8. 9. The compromise petition is taken on record. Accordingly, the appeal is disposed of, in terms of the compromise petition. The office is directed to draw a decree in terms of compromise petition. In view of the disposal of the appeal, I.A.No.1/2024 does not survive for consideration. Accordingly, the
Decision
same is disposed of. Sd/- (ASHOK S.KINAGI) JUDGE GSR,List No.: 1 Sl No.: 8