- 1 - HC-KAR NC: 2025:KHC:23321-DB RFA No. 91 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF JULY, 2025 PRESENT THE HON'BLE MRS. JUSTICE ANU SIVARAMAN AND THE HON'BLE DR. JUSTICE K.MANMADHA RAO REGULAR FIRST APPEAL NO. 91 OF 2021 (SP) BETWEEN: 1. SMT. BHAGYA, W/O LATE JAGADEESHA, AGED ABOUT 46 YEARS, 2. KUM. NITHYA J, D/O LATE JAGADEESHA, AGED ABOUT 15 YEARS, 3. MASTER SAMARTH, S/O LATE JAGADEESHA, AGED ABOUT 06 YEARS, KUM NITHYA & MASTER SAMARTH BEING MINORS, REPRESENTED BY THEIR MOTHER AND NATURAL GUARDIAN SMT.BHAGYA, (APPELLANT NO.1). ALL ARE R/AT D.NO.1900, 1ST MAIN RATANSINGH ROAD MANDI MOHALLA, MYSURU – 570 021. …APPELLANTS (BY SRI. MARUTHI PRASAD S A., ADVOCATE) Digitally signed by KAVYA G Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:23321-DB RFA No. 91 of 2021 AND: SRI. K.S.LOKANATH RAO, S/O SRI. SRINIVAS RAO, AGED ABOUT 35 YEARS, R/AT DOOR NO.EWS-12, 1ST MAIN, III CROSS, GANGOTHRI LAYOUT, SARASWATHIPURAM, MYSURU – 570 009. …RESPONDENT (BY SRI. DHARMAPAL, ADVOCATE) THIS RFA IS FILED UNDER SECTION 96 R/W ORDER 41 RULE 1 OF THE CPC, AGAINST THE JUDGMENT AND DECREE DATED 10.11.2020 PASSED IN O.S.NO.950/2016 ON THE FILE OF THE VI ADDL. SR. CIVIL JUDGE AND JMFC, MYSURU, DECREEING THE SUIT FOR SPECIFIC PERFORMANCE OF CONTRACT. THIS APPEAL, COMING ON FOR REPORTING SETTLEMENT, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN and HON'BLE DR. JUSTICE K.MANMADHA RAO ORAL JUDGMENT (PER: HON'BLE MRS. JUSTICE ANU SIVARAMAN) It is submitted by the learned counsel appearing on either side that the dispute between the parties has been settled through mediation and that the memorandum of settlement has been entered into, which has been duly signed by the parties. - 3 - HC-KAR NC: 2025:KHC:23321-DB RFA No. 91 of 2021 2. The parties are present before the Court and they are identified by their respective counsels. 3. It is submitted that the appeal can be disposed of in terms of the settlement arrived at between the parties. The settlement arrived at is recorded. The RFA is disposed of accordingly. The Registry shall draw up in decree terms of the settlement. 4. The amounts which have been deposited by the appellants before this Court as well as before the Trial Court, shall be permitted to withdrawn by appellant No.1 on proper identification. The appellants shall also be entitled to refund of Court fee as applicable. 4. Accordingly, appeal is disposed of. Sd/- (ANU SIVARAMAN) JUDGE Sd/- (DR.K.MANMADHA RAO) JUDGE RKA List No.: 1 Sl No.: 49