SRI BASAVARAJAIAH S/O LATE NANJUNDAIAH vs SRI N RUDRAIAH S/O LATE NANJUNDAIAH

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HC-KAR
NC: 2026:KHC:57438
RSA No. 2075 of 2008
C/W RSA No. 935 of 2010

CNR: KAHC010343892008





IN THE HIGH COURT OF KARNATAKA AT BENGALURU

TH
DATED THIS THE 12 DAY OF OCTOBER, 2026


BEFORE

THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM

REGULAR SECOND APPEAL NO. 2075 OF 2008 (DEC/INJ)
C/W
REGULAR SECOND APPEAL NO. 935 OF 2010 (PAR)

IN RSA No. 2075/2008
BETWEEN:

1. SRI BASAVARAJAIAH
S/O LATE NANJUNDAIAH
AGED 57 YEARS
R/O MALLASANDRA VILLAGE, DASANAPURA HOBLI
BANGALORE NORTH TQ.-560 037.
…APPELLANT

(BY SRI. RAGHU .H, ADVOCATE A/W SRI. K.S.HARISH,
ADVOCATE)

AND:

1. SRI N RUDRAIAH
S/O LATE NANJUNDAIAH
AGED 59 YEARS
R/O PARMANNA LAYOUT, NELAMANGALA
BANGALORE RURAL DISTRICT-560 037.
…RESPONDENT

(BY SRI. RAMESH P. KULKARNI, ADVOCATE)

THIS RSA IS FILED U/S. 100 OF CPC AGAINST THE
JUDGEMENT & DECREE DATED 8.8.2008 PASSED IN
R.A.NO.307/2004 ON THE FILE OF THE I ADDL.CIVIL JUDGE
(SR.DN.), BANGALORE RURAL DIST, BANGALORE, ALLOWING
THE APPEAL AND SETTING ASIDE THE JUDGEMENT AND













Digitally Signed By:
SACHIN SHANKAR MAGADUM
Verified

- 2 -
HC-KAR
NC: 2026:KHC:57438
RSA No. 2075 of 2008
C/W RSA No. 935 of 2010

CNR: KAHC010343892008



DECREE DATED 30.10.2004 PASSED IN OS.NO. 206/1992 ON
THE FILE OF THE CIVIL JUDGE (JR.DN.), NELAMANGALA.

IN RSA NO. 935/2010
BETWEEN:

1. SRI N RUDRAIAH
S/O LATE SRI NAJUNDAIAH
AGED 62 YEARS
R/O PARAMANNA LAYOUT
NELAMANGALA, BANGALORE DISTRICT-562 123.
...APPELLANT
(BY SRI. RAMESH P. KULKARNI, ADVOCATE)

AND:

1. SRI BASAVARAJAIAH
S/O LATE SRI. NANJUNDAIAH
AGED 60 YEARS
R/O MALLASANDRA VILLAGE
DASANAPURA HOBLI
BANGALORE NORTH TALUK-562 123.
...RESPONDENT
(BY SRI. RAGHU .H, ADVOCATE A/W SRI. K.S.HARISH,
ADVOCATES)

THIS RSA IS FILED U/S 100 OF CPC., AGAINST THE
JUDGMENT AND DECREE DATED 08.08.2008 PASSED IN
R.A.307/2004 ON THE FILE OF THE I-ADDL. CIVIL JUDGE (SR.
DN.), BANGALORE RURAL DISTRICT, BANGALORE, ALLOWING
THE APPEAL AND SETTING ASIDE THE JUDGMENT AND
DECREE DATED 30.10.2004 PASSED IN O.S.206/1992 ON THE
FILE OF THE CIVIL JUDGE (JR.DN), NELAMANGALA.

THESE APPEALS, COMING ON FOR HEARING, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM
Digitally Signed By:
SACHIN SHANKAR MAGADUM
Verified

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HC-KAR
NC: 2026:KHC:57438
RSA No. 2075 of 2008
C/W RSA No. 935 of 2010

CNR: KAHC010343892008




ORAL JUDGMENT
These two regular second appeals arise out of the
judgment and decree passed in O.S.No.206/1992. The
appellant in one appeal is the plaintiff, and the appellant in the
connected appeal is the defendant. The parties are full
brothers.
2. The plaintiff instituted the suit seeking partition and
separate possession of his share in the suit schedule properties
and a declaration that Item No.1 of the suit schedule properties
is his self-acquired property. The Trial Court dismissed the suit
in its entirety. In the appeals preferred against the said
judgment and decree, the First Appellate Court reversed the
findings of the Trial Court and decreed the suit, granting equal
shares to both the brothers in the suit schedule properties,
including Item No.1.
3. Aggrieved by the judgment and decree of the First
Appellate Court, the defendant has preferred an appeal
contending that he is entitled to succeed to the entire suit
schedule properties under a Will, the claim founded on which
Digitally Signed By:
SACHIN SHANKAR MAGADUM
Verified

- 4 -
HC-KAR
NC: 2026:KHC:57438
RSA No. 2075 of 2008
C/W RSA No. 935 of 2010

CNR: KAHC010343892008



was negatived by the First Appellate Court. The plaintiff, in
turn, has preferred a separate appeal insofar as the decree
grants the defendant a share in Item No.1, which the plaintiff
asserts to be his self-acquired property. Thus, both the
brothers have challenged the judgment and decree of the First
Appellate Court to the extent that it operates against their
respective claims.
4. Today, the parties have filed a joint compromise
petition seeking to resolve the dispute amicably. Both the
brothers are personally present before this Court and have
affirmed the terms and conditions of the compromise.
5. The plaintiff, who is the elder brother and a retired
teacher, has acknowledged the terms of the compromise and
expressed his willingness to abide by the same. The defendant,
Basavarajaiah, has acknowledged and agreed that the entire
residential house shall be allotted exclusively to him, while the
remaining agricultural lands shall be divided equally between
the two brothers.
Digitally Signed By:
SACHIN SHANKAR MAGADUM
Verified

- 5 -
HC-KAR
NC: 2026:KHC:57438
RSA No. 2075 of 2008
C/W RSA No. 935 of 2010

CNR: KAHC010343892008



6. The defendant has further acknowledged receipt of
a sum of Rs.10,00,000/- (Rupees Ten Lakh only) from the
plaintiff by way of a demand draft, which has been handed over
to him in open Court today. The defendant has acknowledged
receipt of the said demand draft, and the same is also
confirmed by his learned counsel. A copy of the demand draft
has been placed on record along with the memo filed by the
parties.
7. This Court has interacted with both the parties and
specifically ascertained whether they have understood the
terms and conditions embodied in the joint compromise
petition. Both the brothers have unequivocally stated that they
have read the compromise petition, that the terms and
conditions thereof have been explained to them by their
respective learned counsel, and that they have signed the same
voluntarily after fully understanding its contents and
consequences.
8. In view of the categorical statements made by the
parties in person, this Court is satisfied that the compromise
has been entered into voluntarily, with full knowledge and
Digitally Signed By:
SACHIN SHANKAR MAGADUM
Verified

- 6 -
HC-KAR
NC: 2026:KHC:57438
RSA No. 2075 of 2008
C/W RSA No. 935 of 2010

CNR: KAHC010343892008



understanding of its terms, and without any coercion or undue
influence. Accordingly, the joint compromise petition is taken
on record and accepted, subject to the terms contained therein.
9. The dispute between the parties has remained
pending for several years. The parties, being full brothers, have
now voluntarily chosen to resolve their inter se disputes and
bring the litigation to a quietus. The plaintiff, who is the elder
brother and a retired teacher, has agreed to the exclusive
allotment of the residential house in favour of the defendant
.
and has additionally paid a sum of Rs 10,00,000/- to him in
terms of the settlement. The defendant, in turn, has agreed
that the remaining agricultural lands shall be divided equally
between them.
10. Having regard to the terms of the compromise, the
statements made by the parties in person, and the
acknowledgment of receipt of the demand draft by the
defendant, this Court is satisfied that the settlement is lawful,
voluntary and binding upon both parties. The compromise
resolves the rival claims raised in the connected appeals and
obviates the necessity of adjudicating the substantial disputes
Digitally Signed By:
SACHIN SHANKAR MAGADUM
Verified

- 7 -
HC-KAR
NC: 2026:KHC:57438
RSA No. 2075 of 2008
C/W RSA No. 935 of 2010

CNR: KAHC010343892008



concerning the respective rights of the parties in the suit
schedule properties on merits.
11. For the foregoing reasons, the joint compromise
petition is accepted, and the connected regular second appeals
are disposed of in terms of the compromise, with the following:
ORDER
(i) The judgments and decrees of the Courts below
are set aside, and the suit in O.S.No.206/1992 stands
decreed in terms of the joint compromise petition filed
by the parties. The joint compromise petition shall form
part and parcel of the decree.
(ii) The Registry shall draw a fresh final decree in
terms of the joint compromise petition, incorporating
the terms of settlement agreed upon by the parties.
(iii) The Registry shall refund the Court fee paid by
the appellant-defendant in accordance with the
applicable provisions of law.
Digitally Signed By:
SACHIN SHANKAR MAGADUM
Verified

- 8 -
HC-KAR
NC: 2026:KHC:57438
RSA No. 2075 of 2008
C/W RSA No. 935 of 2010

CNR: KAHC010343892008



(iv) Both the regular second appeals stand disposed
of in terms of the joint compromise petition.
(v) In view of the amicable settlement, there shall be
no order as to costs.
Digitally Signed By:
SACHIN SHANKAR MAGADUM
Verified

(SACHIN SHANKAR MAGADUM)
JUDGE




ALB
List No.: 3 Sl No.: 12