- 1 - HC-KAR NC: 2025:KHC:20809-DB RFA No. 560 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF JUNE, 2025 PRESENT THE HON'BLE MRS. JUSTICE ANU SIVARAMAN AND THE HON'BLE DR. JUSTICE K.MANMADHA RAO REGULAR FIRST APPEAL NO. 560 OF 2019 (SP) BETWEEN: 1. SRI. AMMERULLA KHAN B.M. DEAD, REP. BY HIS LRS SMT. SHAHEDA BEGUM W/O AMMERULLA KHAN B.M. MAJOR 2. NIKKITH AJJA KHANAM S/O AMMERULLA KHAN B.M. MAJOR 3. ALEEMULLA KHAN S/O AMEERULLA KHAN B.M. MAJOR ALL ARE RESIDING AT KATHRAJU URS ROAD BELLUR TOWN BELLUR HOBLI NAGAMANGALA TALUK MANDYA DISTRICT-571 418 …APPELLANTS (BY SRI. P.B. AJIT, ADVOCATE) Digitally signed by CHANNEGOWDA PREMA Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:20809-DB RFA No. 560 of 2019 AND: SRI. RAMAKRISHNEGOWDA S/O SRI. BOREGOWDA AGED ABOUT 75 YEARS RESIDING AT HALLADA HOSAHALLI BINDIGANAVILLE HOBLI NAGAMANGALA TALUK MANDYA DISTRICT-571 418 …RESPONDENT (BY SRI. CHINNAPPA GOWDA D.G., ADVOCATE FOR C/R) THIS RFA IS FILED U/S.96 OF CPC, PRAYING THIS HON'BLE COURT AGAINST THE JUDGMENT AND DECREE DATED 20.12.2018 PASSED IN OS.No.21/2013 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, NAGAMANGALA, DECREEING THE SUIT FOR SPECIFIC PERFORMANCE OF CONTRACT AND ETC. THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN and HON'BLE DR. JUSTICE K.MANMADHA RAO - 3 - HC-KAR NC: 2025:KHC:20809-DB RFA No. 560 of 2019 ORAL JUDGMENT (PER: HON'BLE MRS. JUSTICE ANU SIVARAMAN) Heard the learned counsel appearing for the appellants as well as the learned counsel appearing for the respondent. 2. Learned counsel for the appellants submits that the matter has been settled out of the Court and that a compromise petition is filed evidencing the agreement between the parties. It is further contended that the appellants have executed a sale deed registered on 08.01.2025 conveying the property in favour of the son of the respondent and that the entire consideration including the amount in deposit before the Trial Court is paid. It is submitted that the respondent and appellants No.2 and 3 have no objection to appellant No.1 to withdraw the amount of Rs.42,80,000/- which is deposited by the respondent before the Trial Court. 3. The compromise petition is taken on record. 4. The compromise entered into between the parties is recorded. - 4 - HC-KAR NC: 2025:KHC:20809-DB RFA No. 560 of 2019 5. The appeal is disposed of in terms of the compromise arrived at between the parties. The compromise petition will form part of the judgment and shall serve as a decree between the parties. 6. Appellants No.1 and 3 are present along with their counsel before the Court today. Appellant No.2, who is abroad has also appeared before us through video conference. 7. The Registry shall refund the Court fee as applicable to the first appellant on proper identification. Sd/- (ANU SIVARAMAN) JUDGE Sd/- (DR.K.MANMADHA RAO) JUDGE RAK List No.: 1 Sl No.: 65