- 1 - NC: 2025:KHC:15684-DB RFA No. 87 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF APRIL, 2025 PRESENT THE HON'BLE MR JUSTICE K.SOMASHEKAR AND THE HON'BLE MR JUSTICE VENKATESH NAIK T REGULAR FIRST APPEAL NO. 87 OF 2022 (SP) BETWEEN: 1. SRI. M.H. DEVARAJEGOWDA, AGED ABOUT 52 YEARS, S/O HANUMEGOWDA MANACHANAHALLI POST AND VILLAGE, KASABA HOBLI, HASSAN BELUR ROAD, HASSAN TALUK - 573 217. 2. SMT. H.S. NAVYA, AGED ABOUT 34 YEARS, W/O M.H. DEVARAJEGOWDA, MANACHANAHALLI POST AND VILLAGE, KASABA HOBLI, HASSAN BELUR ROAD, HASSAN TALUK - 573 217. …APPELLANTS (BY SRI. A RAVISHANKAR, ADVOCATE) AND: SMT. GOWRAMMA, AGED ABOUT 50 YEARS, W/O LATE RAMESHA, KUVEMPUNAGARA EXTENSION, 1ST STAGE, 9TH CROSS, HASSAN - 573 201. …RESPONDENT (BY SRI. AMRUTHESH C, ADVOCATE) Digitally signed by MOUNESHWARAPPA NAGARATHNA Location: High Court of Karnataka - 2 - NC: 2025:KHC:15684-DB RFA No. 87 of 2022 THIS RFA IS FILED UNDER SEC.96 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 30.11.2021 PASSED IN OS.NO. 32/2018 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE, HASSAN, DECREEING THE SUIT FOR SPECIFIC PERFORMANCE. THIS APPEAL, COMING ON FOR ORDERS, 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 directed against the respondent relating to the judgment and decree dated 30.11.2021 passed by the learned Additional Senior Civil Judge and J.M.F.C., Hassan in O.S.No.32/2018 by urging various grounds. 2. Sri. A. Ravishankar, learned counsel appearing for appellants along with appellants - Sri. M. H. Devarajegowda and Smt. H. S. Navya and Sri. Amruthesh C., learned counsel for the respondent along with respondent - Smt. Gowramma are present before the Court physically. - 3 - NC: 2025:KHC:15684-DB RFA No. 87 of 2022 3. On 19.02.2025, this Court directed to refer this appeal to the Mediation Centre, Hassan to explore the possibilities of amicable settlement keeping in view Rules 24 and 25 of the Karnataka Civil Procedure (Mediation) Rules 2005. Both parties have appeared before the Mediation Centre, Hassan and in their presence, the matter arrived for settlement in terms of compromise. 4. The Mediation Centre submitted the report in kannada language and the same is required to be apprised to both the parties to the appeal proceedings as in the rank of the appellants and respondent and in the presence of the learned counsel for the parties. 5. The report of the Mediation Centre states that the respondent had earlier filed a suit in the court of the Additional Senior Civil Judge and J.M.F.C., Hassan, against the appellants for the performance of a specific contract in relation to the suit property in O.S. No. 32/2018. In the said case, proceedings were held in the trial court and the trial court rendered judgment and order of collision against the appellants. Appellant Nos.1 and 2 have received advance money through - 4 - NC: 2025:KHC:15684-DB RFA No. 87 of 2022 the purchase agreement of the original claim in O.S. No 32/2018 and the remaining Rs.1,00,000/- will be collected from the other party on the day of execution of the purchase agreement and Rs.1,00,000/- will be paid as per the purchase agreement. The trial Court passed judgment and order directing appellant Nos.1 and 2 to collect Rs.1,00,000/- from the respondent as per the said purchase agreement and to issue a purchase agreement to respondent within 02 months, failing which the appellants are at liberty to get the sale deed registered through the agency of the Court. 6. The appellants filed an appeal before this Court against the judgment in Original Case No. 32/2018. After giving notice to respondent, stay was granted on the condition to deposit the advance payment of the purchase agreement received from the respondent. Now, appellants and the respondent have agreed to settle this case amicably on the following terms and conditions: Appellant Nos.1 and 2 have agreed to cancel the purchase agreement previously entered into with the - 5 - NC: 2025:KHC:15684-DB RFA No. 87 of 2022 respondent. Appellant No.1 has deposited Rs.30,60,000/-. 7. Since both the parties have reached settlement, there is no dispute between appellant Nos.1 and 2 regarding recovery of Rs.30,60,000/- deposited by appellants. The respondent is entitled to recover the amount of Rs.30,60,000/- deposited by filing an application in the court. Further, appellants and the respondent request the court to refund the court fees paid by them. 8. The said Mediation report is taken on record. 9. Keeping in view the submission made learned counsel for both the appellants and respondent and the report received from the Mediation Centre, Hassan, this appeal stands disposed of in terms of compromise. 10. Consequently, the judgment and decree dated 30.11.2021 passed by the learned Additional Senior Civil Judge and J.M.F.C., Hassan in O.S.No.32/2018 is hereby modified to the extent as per conditions, which is stated in the report of the Mediation Centre, Hassan. - 6 - NC: 2025:KHC:15684-DB RFA No. 87 of 2022 11. Therefore, the concerned decree branch is directed to draw decree in terms of Mediation report in accordance with law. Sd/- (K.SOMASHEKAR) JUDGE Sd/- (VENKATESH NAIK T) JUDGE PHM List No.: 1 Sl No.: 9 CT: BHK