- 1 - HC-KAR NC: 2025:KHC:19966 RFA No. 311 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM REGULAR FIRST APPEAL NO. 311 OF 2023 (INJ) BETWEEN: 1. 1(a) 1(b) 1(c) SRI. K.S. SURESH S/O LATE K. SRINIVASA REDDY AGED ABOUT 52 YEARS RESIDING AT NO.45 KASAVANAHALLI, BELLANDUR POST BANGALORE EAST TALUK SINCE DEAD BY LRs SMT. SHOBITHA SURESH W/O LATE K.S. SURESH AGED ABOUT 52 YEARS KUM. S. LIKITHA LAKSHMI D/O LATE K.S. SURESH AGED ABOUT 31 YEARS SRI. S. NIKHIL REDDY S/O LATE K.S. SURESH AGED ABOUT 27 YEARS ALL ARE RESIDING AT NO.45 KASAVANAHALLI BANGALORE-560 037. …APPELLANTS (BY SRI. ROHAN TIGADI, ADVOCATE FOR LRs OF APPELLANT) Digitally signed by CHAITHRA A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:19966 RFA No. 311 of 2023 AND: M/S. SSS PROJECTS LTD A COMPANY INCORPORATED UNDER THE COMPANIES ACT 1956, HAVING ITS REGISTERED OFFICE AT NO.13/2 SOUTH PART ROAD, NEHRU NAGAR BANGALORE-560 020. REPRESENTED BY ITS MANAGING DIRECTOR SRI.K.SATISH KUMAR …RESPONDENT (BY SRI. B.L. LINGARAJU, ADVOCATE) THIS RFA IS FILED UNDER SECTION 96 R/W ORDER XLI RULE 1 OF THE CPC, AGAINST THE JUDGMENT AND DECREE DATED 12.01.2023 PASSED IN OS.NO.4024/2015 ON THE FILE OF THE XXII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU, DISMISSING THE SUIT FOR INJUNCTION. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM ORAL JUDGMENT This appeal is by the unsuccessful plaintiff assailing the dismissal decree rendered in O.S.No.4024/2015. 2. The original appellant, K. Suresh, who was an agreement holder, had instituted a suit seeking injunction against the vendors. - 3 - HC-KAR NC: 2025:KHC:19966 RFA No. 311 of 2023 3. Today, a joint compromise petition has been filed by the legal heirs of the original plaintiff, K. Suresh, placing on record that the dispute has been amicably resolved. The parties have confirmed that the claim based on the agreement to sell executed by the respondent has been relinquished upon receipt of a sum of Rs. 3 Crores. Clause 8(A) of the compromise petition specifically records this payment. 4. This Court, upon interacting with the appellants present before the Court, has ascertained that they have voluntarily entered into the compromise without any reservation. The appellants have categorically submitted that the compromise was executed on their own volition, with full awareness of its terms and implications, and without any element of coercion, duress, undue influence, or misrepresentation. The joint compromise petition clearly reflects such voluntary consent and mutual settlement between the parties. No signatory to the petition has raised any grievance with regard to the - 4 - HC-KAR NC: 2025:KHC:19966 RFA No. 311 of 2023 fairness or legitimacy of the settlement. Accordingly, this Court finds the compromise lawful and records the same. 5. The judgment and decree dated 12.01.2023 passed in O.S. No.4024/2015 shall stand modified in terms of the compromise entered into between the parties. Consequently, the appeal stands disposed of in accordance with the joint compromise petition, which shall form part of the record. 6. Office to draw the decree accordingly. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE ALB List No.: 1 Sl No.: 76