- 1 - NC: 2025:KHC:11499 RSA No. 254 of 2016 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE ASHOK S.KINAGI REGULAR SECOND APPEAL NO. 254 OF 2016 (SP) BETWEEN: 1. KEMPAMMA W/O KUMARAIAH AGED ABOUT 46 YEARS RESIDING AT JOGIHALLI VILLAGE CHIKKANAYAKANAHALLY TALUK – 572 214. TUMKUR DISTRICT …APPELLANT (BY SRI. B.R. RAGHAVENDRA, ADVOCATE) AND: 1. DODDAIAH S/O BOMMANNA AGED ABOUT 60 YEARS RESIDING AT JOGIHALLI VILLAGE CHIKKANAYAKANAHALLY TALUK – 572 214. TUMKUR DISTRICT …RESPONDENT (BY SRI. R. VIJAYA KUMAR, ADVOCATE) THIS RSA IS FILED UNDER SECTION 100 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 18.12.2015 PASSED IN RA.NO.22/2015 ON THE FILE OF THE SENIOR CIVIL JUDGE, ITINERATE COURT, CHIKKANAYAKANAHALLI, ALLOWING THE APPEAL AND DECREEING THE JUDGMENT AND DECREE DATED 27.02.2015 PASSED IN O.S.NO.343/2010 ON Digitally signed by SUNITHA K S Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:11499 RSA No. 254 of 2016 THE FILE OF THE PRL. CIVIL JUDGE AND JMFC, CHIKKANAYAKANAHALLI. THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE ASHOK S.KINAGI ORAL JUDGMENT The appellants and respondents are present. They are identified by their respective learned counsel. The parties to the appeal have filed the compromise petition, which reads as under: “1. On the intervention of well wishers, friends and family members of the parties, they have amicably settled their dispute, on the terms appearing hereinafter. Both parties are present before this Hon'ble personally along with their respective Counsel. 2. The Appellant/Plaintiff has agreed to receive a sum of Rs. 1,50,000/- [Rupees One Lakh Fifty Thousand Only] from the Respondent/Defendant in full and final settlement of all her claims against the Respondent/Defendant, in relation to the suit transaction, the agreement to sell dated 19/04/2005 entered into between them in relation to the agricultural land bearing Sy.No. 34/4A, extent 10 guntas, situate at Dabbaegatta Village, Kasaba Hobli, Chikkanayakana Hally Taluk, Tumkur District [suit schedule property]. The Respondent/Defendant has paid the aforesaid amount of Rs. 1,50,000/- [Rupees One Lakh Fifty Thousand Only] to the Appellant/Plaintiff, by way of a post dated bearers Cheque No. 667470, dated 24.03.2025 from SB Account No: 64170705453, belonging to Sri Sashikumar D., S/o Sri Doddaiah, State Bank of - 3 - NC: 2025:KHC:11499 RSA No. 254 of 2016 India, C.N. Hally Branch, favouring Smt Kempamma, this day before this Hon'ble Court and the Appellant/Plaintiff acknowledges the receipt of the said sum from the Respondent/Defendant. The Respondent/Defendant undertakes that the aforesaid cheque would be honoured on its presentation. In the event of the aforesaid cheque is dishonoured for any reason, it will be open to the Appellant/Plaintiff to get this appeal reopened for further consideration. Besides, it will also open to the Appellant/Plaintiff to proceed against not only against the Respondent/Defendant but also against his son Sri Sashikumar D, for offences punishable under Section 138 of the N.I.Act and also for cheating/breach of trust under the Penal Statue. 3. The Appellant/Plaintiff does not press the relief of specific performance of the contract against the Respondent/Defendant in relation to the suit schedule property, in view of clause 1 supra & as such the decree be modified to the extent agreed herein & the decree is fully satisfied by the Respondent/Defendant [EFS] be entered in this behalf. 4. The Appellant/Plaintiff agrees and concedes that she has no other claim/s against the Respondent/Defendant, in view of the present settlement, in relation to the suit schedule property. The parties further agree that there are no other transactions between them in relation to the suit schedule property. 5. The Appellant/Plaintiff concedes and admits that the Respondent/Defendant continues to be in actual and physical possession of the suit schedule property & the Appellant/Plaintiff undertakes not to interfere with the possession and enjoyment of the suit schedule property by the Respondent/Defendant. 6. The parties pray that the court fee paid on this memorandum of Appeal may be ordered to be refunded to the Appellant/Plaintiff. - 4 - NC: 2025:KHC:11499 RSA No. 254 of 2016 7. The parties agree that the original agreement of sale dated 19/04/2005 be handed over to the Respondent/Defendant, even though it is produced by the Appellant/Plaintiff. 8. The Parties have entered into this compromise on their own free will and volition and there is no force, compulsion, coercion & both the parties have understood the terms of this compromise, which has since been translated by their respective Counsel in Kannada Language and after understanding the contents of this compromise, both parties have signed and executed the same this day, in the presence of each other and their Advocates. WHEREFORE, the parties respectfully pray that this Hon'ble Court be pleased to modify the decree passed by the courts below, in terms of this compromise & the suit be decreed in the aforesaid terms, without any order as to costs, in the interests of justice and equity.” 2. The contents of the compromise petition is read over and explained to the parties in the Kannada Language, known to them. They have accepted the terms and conditions of the compromise petition and prays to dispose of the appeal in terms of the compromise petition. 3. The compromise petition is taken on record. 4. Accordingly, I proceed to pass the following: - 5 - NC: 2025:KHC:11499 RSA No. 254 of 2016 ORDER The appeal is disposed of in terms of the compromise petition. The Office is directed to refund the Court fee as per Section 66 of the Karnataka Court Fees and Stamp Valuation Act, in favour of the appellants. The Office to draw a decree in terms of the compromise petition. Sd/- (ASHOK S.KINAGI) JUDGE BVK List No.: 1 Sl No.: 1