- 1 - HC-KAR NC: 2025:KHC:20240 RFA No. 321 of 2014 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD REGULAR FIRST APPEAL NO. 321 OF 2014 (SP) BETWEEN: 1. SMT. PARVATHAMMA SINCE DEAD BY HER LR’S *1(a) SMT. SHIVAMMA D/O LATE SHIVANNA R/AT SAMPIGEHALLI VILLAGE BENNERGHATTA DAKHALE, JIGANI HOBLI ANEKAL TALUK. BENGALURU DISTRICT. 2. SRI RUDRAPPA SINCE DEAD BY HIS LR’S *2(a) SMT. RATHNAMMA W/O LATE RUDRAPPA AGED ABOUT 58 YEARS. *2(b) SRI R MANJUNATH S/O LATE RUDRAPPA AGED ABOUT 38 YEARS BOTH ARE R/AT SAMPIGEHALLI BANNERGHATTA POST-560 083 JIGANI HOBLI, ANEKAL TALUK BENGALURU DISTRICT-560 083 *2(c) SMT. DEVIKA D/O LATE RUDRAPA W/O B MANJUNATHA R/AT NO.42 VANAKANAHALLI, KASABA HOBLI ANEKAL TALUK BANGALORE DISTRICT-562106. …APPELLANTS (BY SRI.N K SIDDESWARA. FOR ,ADVOCATE) * Corrected vide chamber order dated: 24.06.2025 Digitally signed by HEMALATHA A Location: HIGH COURTOF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:20240 RFA No. 321 of 2014 AND: 1. SRI.T.SHANTHARAJU S/O LATE T DASAPPA AGED ABOUT 67 YEARS R/O NO.142, 4TH MAIN 100 FT RING ROAD KEB LAYOUT, BTM 1ST STAGE BANGALORE 560041. 2. SRI P MANJUNATH S/O LATE PAPAIAH AGED ABOUT 61 YEARS R/O NO.20, 2ND CROSS 2ND MAIN ROAD 1ST BLOCK, JAYANAGAR EAST BANGALORE 560 041 …RESPONDENTS (BY SRI. SHANMUKAPPA, ADVOCATE FOR R1 & R2) THIS RFA IS FILED UNDER SECTION 96 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 18.1.2014 PASSED IN O.S.NO.1215/2007 ON THE FILE OF THE SENIOR CIVIL JUDGE, ANEKAL, DECREEING THE SUIT FOR SPECIFIC PERFORMANCE AND ETC. THIS APPEAL, COMING ON FOR HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE H.T. NARENDRA PRASAD ORAL JUDGMENT This appeal is filed by the defendants challenging the judgment and decree dated 18.01.2014 passed by the Senior Civil Judge and JMFC, Anekal in O.S.No.1215/2007, - 3 - HC-KAR NC: 2025:KHC:20240 RFA No. 321 of 2014 whereby the suit filed by the plaintiffs for specific performance of the contract was decreed. 2. The plaintiffs filed a suit for specific performance of the contract in O.S.No.1215/2007. The said suit came to be decreed by judgment and decree dated 18.01.2014. Being aggrieved by the same, the defendants are before this Court. 3. During the pendency of the appeal, both the appellants died and their legal representatives were brought on record. Now, the parties have settled the matter and they have filed a compromise petition under Order 23 Rule 3 of CPC. The compromise petition is signed by the parties. The parties are present before the Court. They and their signatures are identified by their respective learned advocates. They state that they have entered into the settlement out of their volition and without any duress from anybody and they have settled the matter in terms of the compromise petition. The compromise petition is extracted below: - 4 - HC-KAR NC: 2025:KHC:20240 RFA No. 321 of 2014 “MEMORANDUM OF COMPROMISE PETITION UNDER ORDER XXIII RULE 3 OF CODE OF CIVIL PROCEDURE The Appellants and the Respondents have jointly entered into the Compromise and submit as follows: 1. The Respondents have agreed to purchase the suit schedule property for a sale consideration of Rs.13,00,000/- (Rupees Thirteen lakhs only) to an extent of 2 acres of land in Sy.No.193 of Sampigenahalli Village, Bannerghatta Dhakale, Jigani Hobli, Anekal Taluk, Bengaluru District and they paid a sum of Rs.2,00,000/- (Rupees two lakhs only) as an advance to Smt. Parvathamma (1st appellant herein) & Rudrappa (2nd appellant herein) on 05/09/2004 and entered into an agreement dated 05/09/2004. Later on 10/08/2005 a sum of Rs.2,00,000/- (Rupees two lakhs only) has paid as an additional amount to Rudrappa ( 2nd appellant) with the consent of Smt. Parvathamma (1st Appellant) and in all the respondents 1 & 2 have paid total sum of Rs.4,00,000/-(Rupees four lakhs only) to the appellants 1 & 2 out of total sale consideration of Rs.13,00,000/- (Rupees Thirteen lakhs only). Since the appellants did not execute - 5 - HC-KAR NC: 2025:KHC:20240 RFA No. 321 of 2014 the sale deed in favour of the respondents, the respondents have filed a suit in O.S.No.1215/2007 for Specific Performance of Contract by paying the court fee in a sum of Rs.77,125/- (Rupees Seventy Seven Thousand one hundred & twenty five only) against the appellants before the Trial Court. In fact, during the pendency of the suit the respondents have deposited a sum of Rs.8,58,000/- (Rupees eight lakhs Fifty Eight Thousand only) as duty and penalty on 09/10/2013 and thereafter after completion of the Trial, the suit was decreed by the Trial Court on 18/01/2014. In pursuance of the Decree passed by the Trial Court, the respondents have also deposited a sum of Rs.9,00,000/- (Rupees Nine Lakhs only) towards balance of sale on 20/01/2014 before the Trial Court in O.S.No.1215/2007. Therefore as against the Judgment and Decree dated 18/01/2014 passed by the Trial Court, the appellants have filed the appeal before this Hon'ble Court and the same is pending consideration even to this day. 2. Under these Circumstances, the Appellants and the Respondents have decided to settle the dispute out of the court and entered into this compromise at the intervention of the friends, well- wishers and elders without any coercion and compulsion and they have voluntarily out of their - 6 - HC-KAR NC: 2025:KHC:20240 RFA No. 321 of 2014 free will and have mutually agreed to compromise under the following terms and conditions: a) The appellants have paid an advance amount of Rs.4,00,000/-(Rupees Four lakhs only) and additional amount of 1,00,000/- (Rupees one lakh only) and in all a sum of Rs. 5,00,000/- (Rupees five lakhs only) to the 1st and 2nd respondents towards part payment agreement dated 05/09/2004 paid by the respondents 1 & 2 to late Parvathamma & late Rudrappa. The appellants have already paid the said amount by way of Demand drafts bearing No. 693681 for a sum of Rs 2,50,000/- dated 05-04-2025 and bearing No. 693682 for a sum of Rs 2,50,000/- dated 05-04-2025 drawn on Bank of Baroda, Byrasandra Branch, Bengaluru-560 041 in the names of respondents 1 & 2. The said D.D's are handed over to the respondent No. 1 and 2 & they have acknowledged the same & they have no objection for the same and the respondents shall not claim the same in future. b) The appellants shall have no objection to the Respondent No.1 to withdraw the amount of Rs.8,58,000/- (Rupees eight lakhs fifty eight thousand only) in which the 2nd respondent has no objection for the same as duty & penalty deposited - 7 - HC-KAR NC: 2025:KHC:20240 RFA No. 321 of 2014 before the Trial Court in O.S.No.1215/2007 on 09/10/2013 which is under deposit. c) The appellants shall have no objection to the Respondent No.1 to withdraw the amount of Rs.9,00,000/- (Rupees Nine lakhs only) towards balance of the sale consideration amount deposited before the Trial Court in O.S.No.1215/2007 on 20/01/2014 in which the 2nd respondent has no objection for the same. d) The appellants shall have no objection to the Respondent No.1 to withdraw the amount of Rs.77,125/- (Rupees Seventy Seven Thousand one hundred twenty five only) paid before the Trial Court towards Court Fee in O.S.No.1215/2007 in which the 2nd respondent has no objection for the same towards refund of court fee before the Trial Court. e) The respondents shall have no objection to allow this appeal, set aside the Judgment and Decree dated 18/01/2014 passed by the learned Senior Civil Judge & JMFC, Anekal in O.S.No.1215/2007 and dismissing the suit filed by the respondents. f) The respondents shall have no objection to withdraw the amount of Rs.77,125/- (Rupees - 8 - HC-KAR NC: 2025:KHC:20240 RFA No. 321 of 2014 Seventy Seven Thousand one hundred twenty five only) paid before this Hon'ble Court at the time of filing the above Appeal towards Court Fee and refund the same in the name of Appellant No.2 (a) in which the other appellants have also no objection for the same. g) The Respondents shall not have any right, title, interest and claim over the Suit Schedule property from the date of alleged agreement of sale dated 05/09/2004 and all the Appellants have got right, title and interest over the Suit Schedule property being the absolute owners from this Compromise Petition. h) The Respondents shall hand over the physical possession of the Suit Schedule property to the Appellants from the date of this Compromise Petition and the Respondents have no objection to cancel the alleged Agreement of Sale dated 05/09/2004 and the respondents have assured to the Appellants that there is no encumbrances on Suit schedule property on the basis of alleged agreement of sale and any act done under the alleged Agreement of sale. i) Both the Appellants 1 (a) & 2 (a) to (c) and the Respondents 1 and 2 shall not have any claim - 9 - HC-KAR NC: 2025:KHC:20240 RFA No. 321 of 2014 against each other from the date of this Compromise Petition either in past, present or in future. SCHEDULE PROPERTY All that piece and parcel of the land bearing Sy.No.193 measuring 2 acres including Kharab, situated at Sampigenahalli Village, Bannerghatta Dakle, Jigani Hobli, Anekal Taluk, Bangalore District, Bangalore bounded on: East by: Patel Annayappa's son Basavaraj land West by: Kannappa and Shankarappa's land North by: Sharanappa's land & South by: Hanumegowda & Rangamma's land WHEREFORE, the Appellants 1 (a) & 2 (a) to (c) and Respondent Nos. 1 & 2 Pray that this Hon'ble Court be pleased to allow the Compromise Petition and Pass Compromise Decree in terms of this Compromise Petition by setting aside the Judgment and Decree dated 18/01/2014 passed by the learned Senior Civil Judge & JMFC, Anekal in - 10 - HC-KAR NC: 2025:KHC:20240 RFA No. 321 of 2014 O.S.No.1215/2007 by allowing this appeal filed by the Appellants and dismiss the suit filed by the respondents in the interest of justice & equity.” 5. This Court, after satisfying with the terms of the compromise petition, passed the following order: a) The appeal is disposed of in terms of the compromise petition. b) The compromise petition filed under Order XXIII Rule 3 of CPC is ordered to be treated as part and parcel of this order. c) The Registry is directed to draw the decree in terms of the compromise petition. d) The Registry is directed to refund the entire court fee in favour of the appellant No.2(a) – Rathnamma, after due verification. e) The trial court is directed to refund the court fee paid by the plaintiffs and also sale consideration amount of Rs.9,00,000/- before - 11 - HC-KAR NC: 2025:KHC:20240 RFA No. 321 of 2014 the trial court, in favour of plaintiff No.1 – T.Shantaraju, after due verification. Sd/- (H.T. NARENDRA PRASAD) JUDGE CM List No.: 1 Sl No.: 63