- 1 - NC: 2025:KHC:3340-DB RFA No. 1689 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF JANUARY, 2025 PRESENT THE HON'BLE MR JUSTICE K.SOMASHEKAR AND THE HON'BLE MR JUSTICE VENKATESH NAIK T REGULAR FIRST APPEAL NO.1689 OF 2019 (SP) BETWEEN: SMT. B. UDAYASHREE W/O. SRI J. PURUSHOTHAM AGED ABOUT 61 YEARS NO.1-2-366/C & D DOMAIGUDA OPP. BURSAHAN GAS GODOWN HYDERABAD-AP - 560 029. …APPELLANT (BY SRI AMARESH A. ANGADI, ADVOCATE) AND: 1. SRI G. SELVARAJ S/O. SRI GOVINDAN AGED ABOUT 68 YEARS 2. SMT. LILLY W/O. SRI. G. SELVARAJ AGED ABOUT 61 YEARS BOTH ARE RESIDING AT NO.B2-37, BDA QUARTERS KALHALLI, BENGALURU - 560 042. …RESPONDENTS (BY SRI EUGENE PRABHU B., ADVOCATE; R-2: SERVED) Digitally signed by MOUNESHWARAPPA NAGARATHNA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:3340-DB RFA No. 1689 of 2019 THIS REGULAR FIRST APPEAL IS FILED UNDER SECTION 96 OF C.P.C., AGAINST THE JUDGMENT AND DECREE DATED 01.07.2019 PASSED IN O.S. NO.15961/2003 ON THE FILE OF THE XIII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, MAY HALL UNIT, BENGALURU, PARTLY DECREEING THE SUIT FOR SPECIFIC PERFORMANCE AND PERMANENT INJUNCTION. THIS REGULAR FIRST APPEAL IS COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE K.SOMASHEKAR and HON'BLE MR JUSTICE VENKATESH NAIK T ORAL JUDGMENT (PER: HON'BLE MR JUSTICE K.SOMASHEKAR) This appeal is directed against the judgment and decree dated 01.07.2019, rendered by the learned XII Addl. City Civil and Sessions Judge, Mayo Hall, Bengaluru (CCH-2) in O.S.No.15961/2003 on various grounds. 2. Sri. Amaresh.A.Angadi, learned counsel appearing for the appellant, Sri. Eugene Prabhu.B, learned counsel for the respondents are present before the Court physically and appellant and respondents are also present before the Court physically for consideration of the memorandum of settlement received from the Karnataka Mediation Centre, Bengaluru. - 3 - NC: 2025:KHC:3340-DB RFA No. 1689 of 2019 3. This matter was referred to the Karnataka Mediation Centre, Bengaluru on 25.07.2025. Accordingly, the Karnataka Mediation Centre, Bengaluru has forwarded the Memorandum of Settlement under the provisions of Section 89 of CPC inclusive of Rule 24 and 25 of the Karnataka Civil Procedure (Mediation Rules), 2005, which reads as under : "The parties above named submit as follows:- Preamble: I. i) The Appellant is the owner of the premises bearing site Old No.30, New No.28, House list No.2354/3, New No. 120/168, 10th Cross, 1st Main, 2nd Block, Kacharakanahalii, Kasoba Hobli, Bengaluru measuring in total 2720 Sq. Fts., which is more fully described in the schedule given below which is also the suit schedule, and the same was purchased from one Dr. Narayana Ballal. ii) The Appellant and the Respondents entered into a sale agreement dated 26.12.2002, to sell the premises i.e. schedule property of the suit /appeal, to the Respondents for a sale consideration of Rs.17,80,000/- (Rupees Seventeen Lakhs Eighty Thousand Only). iii) The Respondents have filed a original suit bearing No.15961/2003 for possession and injunction against the appellant herein. The Respondents after 6 years amended the prayer for the relief of specific - 4 - NC: 2025:KHC:3340-DB RFA No. 1689 of 2019 performance of the alleged agreement dated: 26.12.2002. iv) The Suit was decreed on 01.07.2019 and directed the appellant to deliver the suit/appeal schedule property to the Respondents, against which the appellant herein preferred the above Regular First Appeal against the Respondents. II. The aforesaid appeal was referred to mediation for resolving the dispute between the parties. During the course of mediation, they have resolved their dispute and have agreed to the following terms and conditions: 1. The Respondents have agreed to purchase the suit/appeal schedule property from the appellant for a sum of Rs.1,25,00,000/- (Rupees One Crore Twenty Five Lakhs Only) in full and final settlement and the appellant has accepted to sell the schedule premises and to receive the agreed amount from the Respondents. 2. The Agreed amount of Rs.1,25,00,000/- (Rupees One Crore Twenty Five Lakhs Only) shall be paid to the appellant as under: a) A sum of Rs.20,00,000/- (Rupees Twenty Lakhs Only) by way of RTGS Transfer bearing No.SBIN324318826738, Dated: 13.11.2024, from State Bank of India, MEG and Center, Bengaluru to the appellant account No. 00811000158348 at HDFC Bank "Sadbhavana Heights", Begam Bazar, Hyderabad. The appellant acknowledges the receipt of the same. - 5 - NC: 2025:KHC:3340-DB RFA No. 1689 of 2019 b) A sum of Rs 20,00,000/- (Rupees Twenty Lakhs Only) by way of RTGS, against the vacating the tenant from the schedule premises. c) Remaining amount of Rs.85,00,000/- (Rupees Eighty Five Lakhs Only) by way of Demand Draft at the time of registration of the suit schedule premises. 3. The premises is presently in the occupation of the tenant and the Appellant has agreed and assured to get vacated the tenant on or before 31st March 2025, for which the Respondents has agreed and has no objection. 4. The Appellant shall register the schedule premises within one month from the date, the tenant vacates the schedule premises and the appellant deliver the vacant possession to the Respondents at the time of registration of the premises and receiving the amount: Rs.85,00,000/- (Rupees Eighty Five Lakhs Only). 5. The Appellant undertakes to vacate the premises at her cost and consequence against the receipt of Rs.20,00,000/- (Rupees Twenty Lakhs Only) 2nd installment mentioned above in para No.2 (b). 6. In the event the Respondents fails to pay the agreed amount of Rs.20,00,000/- (Rupees Twenty Lakhs Only) 2nd installment mentioned above in para No.2 (b) the appellant will be at liberty to recovery the said amount along with the balance of Rs.85,00,000/- (Rupees Eighty Five Lakhs Only) in total an amount of Rs.1,05,00,000/- (Rupees One Crore Five Lakhs Only) - 6 - NC: 2025:KHC:3340-DB RFA No. 1689 of 2019 against the Respondents with interest in accordance with law. 7. The appellant shall execute the sale deed in favour of the Respondents or family members such as wife, son and daughter, alone and not to any third party. 8. It is agreed between the parties herein that in the event the appellant fails to get the vacant possession of the schedule premises on or before 31 March 2025 the Respondents shall deposit the remaining sale consideration of Rs.85,00,000/- (Rupees Eighty Five Lakhs Only) in the court and proceed for the execution of the terms of the agreement in the court of law for redressal. 9. It is agreed between the parties that in the event the Respondents fails to purchase the schedule property within the stipulated period then the appellant will have the liberty to approach the court of law for recovery of the remaining sale consideration amount along with the interest at the rate in accordance with law. 10. In the event the appellant does not receive Rs.20,00,000/- (Rupees Twenty lakhs Only) as agreed against the vacating the tenant, under such circumstances the Respondents shall deposit the said amount of Rs.20,00,000/- (Rupees Twenty lakhs Only) along with the balance amount of Rs. 85,00,000/- (Rupees Eighty-five lakhs Only) in total Rs.1,05,00,000/- (Rupees One Crore Five Lakhs Only) in the court in case he happens to approach the court of law. - 7 - NC: 2025:KHC:3340-DB RFA No. 1689 of 2019 11. Both the parties have agreed to complete the entire sale transaction of the Schedule Property on or before 30th April 2025, failing which both the parties at liberty to approach the court of law for redressal. 12. Both the parties further state that there has been no collusion or force, fraud or any undue influence in entering into this settlement / agreement in the aforesaid manner. SCHEDULE All that piece and parcel of Property site Old No.30, New No.28, House list No.2354/3, New No.120/168, measuring 68 ft North to south 40 ft measuring in total 2720 Sq.Fts., situated at 10th Cross, 1st Main, 2nd Block, Kacharakanahalii, Kasoba Hobli, Bengaluru, which is bounded on: East by: 40 ft Road West by: 30 ft Road North by: Sayannana's house South by: Site no 29. III. In view of the aforesaid agreement entered into between the parties, the parties pray that this Hon'ble Court may be pleased to appropriate order in accordance with the terms of this agreement. IV. In view of the aforesaid agreement, the Appellant and the Respondents prays for refund of the institution court fee paid in the Hon'ble High Court of Karnataka, Bengaluru. V. In view of the aforesaid agreement the Respondents also prays for refund of the - 8 - NC: 2025:KHC:3340-DB RFA No. 1689 of 2019 institution court fee paid in O.S.No.15961/2003 in the City Civil and Sessions Court, Bengaluru. VI. Parties will appear before the Court for passing decree/orders in terms of the agreement." 4. The report of the Karnataka Mediation Centre, Bengaluru is taken on record. 5. In terms of the mediation report, the judgment and decree dated 01.07.2019, rendered by the learned XII Addl. City Civil and Sessions Judge, Mayo Hall, Bengaluru (CCH-2) in O.S.No.15961/2003, is hereby modified. 6. Draw decree accordingly. 7. Keeping in view the submission made by the learned counsel for the appellant, Registry is directed to refund the court fee to the appellant on proper identification, in accordance with law. 8. Learned counsel for the respondents has filed a memo dated 23.01.2025 seeking to return the original documents filed as exhibit 'P' series in O.S.No.15961/2003. - 9 - NC: 2025:KHC:3340-DB RFA No. 1689 of 2019 9. In view of the memo, Registry is directed to return the original documents by placing the certified copies of the same for the purpose of record. Accordingly, the appeal is hereby disposed of. Sd/- (K.SOMASHEKAR) JUDGE Sd/- (VENKATESH NAIK T) JUDGE PHM List No.: 1 Sl No.: 2