- 1 - HC-KAR NC: 2025:KHC:23898-DB RFA No. 401 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD 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. 401 OF 2025 (SP) BETWEEN: 1. SRI K C UMESH S/O. CHANDRAIAH, AGED ABOUT 48 YEARS. 2. DEEKSHITH S/O. K. C. UMESH, AGED ABOUT 20 YEARS, (GUARDIAN DISCHARGED AS PER ORDER ON IA NO.16 DATED 28-5-2024) 3. MANJULA W/O. K. C. UMESH, AGED ABOUT 42 YEARS, ALL ARE R/AT THALEKOPPA VILLAGE, CHELUR HOBLI, GUBBI TALUK. TUMKUR DISTRICT PIN CODE 572117. …APPELLANTS (BY SRI. KUMAR K R., ADVOCATE) Digitally signed by VIJAYALAKSHMI B N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:23898-DB RFA No. 401 of 2025 AND: SRI MALIKARJUNA A S/O ALLEGOWDA, AGED ABOUT 46 YEARS R/AT “SHIVASANAGARA”, BHEEMASNADRA EXTENTION, BELLAVI ROAD, TUMKUR, PIN CODE 572 101. …RESPONDENT (BY SRI. N.JAGADISH BALIGA C/RESPONDENT) THIS RFA IS FILED UNDER SECTION 96 OF THE CIVIL PROCEDURE CODE, 1908, PRAYING TO CALL FOR RELEVANT RECORDS IN O.S.NO.182/2019 ON THE FILE OF THE ADDL. SENIOR CIVIL JUDGE AND JMFC AT GUBBI AND SET ASIDE THE JUDGMENT AND DECREE DATED 30.11.2024 BY ALLOWING THIS REGULAR FIRST APPEAL AND DISMISS THE SUIT OF THE RESPONDENT AND THE APPELLANTS ARE READY TO REFUND THE ADVANCE AMOUNT ALONG NOMINAL INTEREST AND GRANT SUCH OTHER RELIEF OR RELIEFS AS THIS HON’BLE COURT DEEMS FIT TO IN THE CIRCUMSTANCES OF THE CASE IN THE INTEREST OF JUSTICE. THIS APPEAL, COMING ON FOR ORDERS, 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:23898-DB RFA No. 401 of 2025 ORAL JUDGMENT (PER: HON'BLE MRS. JUSTICE ANU SIVARAMAN) 1. It is submitted by the learned counsel appearing on either side that the parties have reached the settlement with regard to the dispute and an application to record the compromise is placed on record. The terms of the compromise are recorded at Paragraph Nos.3 to 5 of the application, which reads as under; “3. That the Respondent/Plaintiff in addition to the amount already paid to the Appellants/Defendants, agreed to pay further amount of Rs.25,00,000/- (Twenty five Lakhs only) towards the full and final claim of Appellants/Defendants. On payment of Rs.25,00,000/-(Rupees Twenty Five Lakhs only) by the Respondent/Plaintiff and the Appellants/Defendants undertakes to execute the absolute Sale Deed in respect of the entire land measuring 3 Acres and 36 Guntas in Sy. No. 103/1 in favour of the Respondent/ Plaintiff or any nominee of the Respondent/Plaintiff. The Parties agreed that the transaction of Sale agreed under this compromise to be concluded within Three (3) months from the date of acceptance of this compromise by this Court. To enable the - 4 - HC-KAR NC: 2025:KHC:23898-DB RFA No. 401 of 2025 Respondent/Plaintiff to get it registered at the earliest, the Appellants/Defendants under takes to hand over the physical possession of the Schedule Property to the Respondent/Plaintiff within Three (03) days from the date of acceptance of this compromise by this Court. In case of default by any of the Parties, the other Party is entitled for Execution of Decree. 4. That during the pendency of the Suit, the Appellants/Defendants sold 7 Guntas of land in favour of Sri. T. C. Narasimhaswamy son of Sri Chandraiah by the Sale Deed dated 20-03-2023. In pursuance of the present compromise, the Appellants/ Defendants along with Sri. T C Narasimhaswamy executed the absolute Sale Deed dated 26-06-2025 in favour of the Respondent/ Plaintiff and handed over the actual possession in favour of the Respondent /Plaintiff. 5. The Parties agreed that the Parties will bear the cost of the proceedings throughout. The Court Fee paid on this Appeal is requested to be refunded to the Appellants. It is further declared that this compromise is entered with free will by understanding the consequences thereof and without any pressure or force from the other side.” - 5 - HC-KAR NC: 2025:KHC:23898-DB RFA No. 401 of 2025 2. The counsel appearing on either side as well as the parties are present before the Court today. 3. In the above view of the matter, the appeal is disposed of in terms of the compromise. 4. Registry shall draw up the decree accordingly in terms of the compromise. 5. Registry shall refund the Court fee as applicable to the first appellant as agreed, on proper identification. Sd/- (ANU SIVARAMAN) JUDGE Sd/- (DR.K.MANMADHA RAO) JUDGE GH List No.: 1 Sl No.: 33