- 1 - NC: 2025:KHC:9614 RFA No. 630 of 2010 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD REGULAR FIRST APPEAL NO. 630 OF 2010 (SP) BETWEEN: 1. MR S V GURUSWAMY SINCE DEAD REP BY HIS LR. MRS MUTHUKUMARI SINCE DEAD BY LRs. APPELLANT NOS. 2 TO 4. 2. MRS JAYANTHI AGED 36 YEARS D/O LATE S V GURUSWAMY 3. MR KANDHAN AGED 33 YEARS S/O LATE S V GURUSWAMY 4. MRS KUMUDA AGED 27 YEARS D/O LATE S V GURUSWAMY ALL ARE R/AT NO.19, 2ND CROSS ’O’ STREET, SIVAN CHETTY GARDEN BANGALORE-560043. …APPELLANTS (BY SRI. M.D. RAGHUNATH, ADVOCATE) Digitally signed by HEMALATHA A Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:9614 RFA No. 630 of 2010 AND: 1. S INDRANI SINCE DEAD REP. BY HER LRs. 2. A.S. VENKATESH VINOD KUMAR S/O LATE INDRANI AGED ABOUT 37 YEARS. 3. SMT. A.S. NANDINI D/O LATE INDRANI AGED ABOUT 30 YEARS. R2 AND R3 ARE R/AT NO.53, 4TH CROSS NEAR MARIAMMAN TEMPLE JAI JAWAN NAGAR SUBBANAPALYA BENGALURU-560043. …RESPONDENTS (BY B.S. SATHYANANDA, ADVOCATE) THIS RFA IS FILED UNDER SECTION 96 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED:12.3.2010 PASSED IN O.S.NO.15544/1999 ON THE FILE OF THE XIII ADDL. CITY CIVIL JUDGE, MAYOHALL UNIT, BANGALORE, DECREEING THE SUIT FOR SEPCIFIC PERFORMANCE. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE H.T. NARENDRA PRASAD - 3 - NC: 2025:KHC:9614 RFA No. 630 of 2010 ORAL JUDGMENT The plaintiff filed a suit for specific performance of the contract in O.S.No.15544/1999. The suit came to be decreed, by judgment and decree dated 12.03.2010. Being aggrieved by the same, the legal representatives of the defendant filed this regular first appeal before this Court. 2. After service of notice to the respondents, the parties have settled the matter and they have filed the compromise petition under Order XXIII Rule 3 r/w. Section 151 of CPC. 3. The parties are present before the Court and they have been identified by their respective counsel. The parties have agreed for the compromise without any volition or duress from anybody. The compromise petition is taken on record. The same is extracted below: “1. The Parties have settled their disputes at the intervention of friends and well wishers. - 4 - NC: 2025:KHC:9614 RFA No. 630 of 2010 2. The Respondents being the Legal Heirs of the Original Respondent who was the Plaintiff before the Court below. 3. The Original Respondent Smt. S.Indirani had also prayed for Specific Performance of Sale Cum Possession Agreement dt: 04.06.1990 in respect of All that piece and parcel of building site measuring East to West 40 ft and North to South 15 ft in all 600 sq ft which forms a portion of the larger property bearing Site No. 25 & 26 in Sy. No. 217 of Banaswadi Village, K.R. Puram Hobli, Bangalore South Taluk, Bangalore, and also sought for execution of Sale Deed in her favour, which Agreement was denied by the Original Defendant. 4. The Parties further submit that the suit O.S. 15544/1999 on contest came to be decreed on 12.03.2010 which judgment and decree was challenged by the Original Defendant before this Hon'ble Court. 5. The Appellant died on 02/10/2008 and his legal heirs are brought on record. - 5 - NC: 2025:KHC:9614 RFA No. 630 of 2010 6. The Original Respondent died on 17.08.2024 and the Legal Heirs of the Respondent have agreed and confirm that they are not having any rights, over the Schedule Property. 7. The Respondents have given up their right, title and interest in the Schedule Property and undertakes that they or their children shall not have any interest in the Schedule Property. 8. The Respondents have this day surrendered vacant possession of the Schedule Property and have also received a sum of Rs. 10,00,000/- (Rupees Ten Lakhs Only) as under: a) Rs. 5,00,000/- (Rupees Five Lakhs Only) by way of two cheques (i) Rs. 2,50,000/- (Rupees Two Lakhs Fifty Thousand Only) by way of Demand Draft bearing No. 903538, dt: 27/02/2025 drawn on Canara Bank, Cantonment Branch (ii) Rs. 2,50,000/- (Rupees Two Lakhs Fifty Thousand Only) by way of Demand Draft bearing No. 903535, dt: 27/02/2025 drawn on Canara Bank, - 6 - NC: 2025:KHC:9614 RFA No. 630 of 2010 Cantonment Branch in favour of Sri. A.S.Venkatesh Vinod Kumar. b) Rs. 5,00,000/- (Rupees Five Lakhs Only) by way of two cheques Rs. 5,00,000/- (Rupees Five Lakhs Only) by way of two cheques (i) Rs. 2,50,000/- (Rupees Two Lakhs Fifty Thousand Only) by way of Demand Draft bearing No. 903536, dt: 27/02/2025 drawn on Canara Bank, Cantonment Branch (ii) Rs. 2,50,000/-(Rupees Two Lakhs Fifty Thousand Only) by way of Demand Draft bearing No. 903537, dt: 27/02/2025 drawn on Canara Bank, Cantonment Branch in favour of Smt. A.S.Nandini Towards full and final settlement of their claim in respect of the Schedule Property. 9. The Respondents further undertake that they or their mother during her lifetime have not dealt with the Schedule Property in any manner and that there are no any claims in respect of the Schedule Property from any source, in case any claim/s arises - 7 - NC: 2025:KHC:9614 RFA No. 630 of 2010 then the Respondents alone have undertaken to clear the same at their cost. 10. The Appellants have this day paid the aforesaid amounts to the Respondents towards full and final settlement of all their claims. 11. The Parties therefore, pray that this Hon'ble Court be pleased to allow the Appeal, in the interest of justice and equity, each party to bear their costs. Schedule All that piece and parcel of building site measuring East to West 40 ft and North to South 15 ft in all 600 sq ft which forms a portion of the larger property bearing Site No. 25 & 26 in Sy No. 217 of Banaswadi Village, K.R.Puram Hobli, Bangalore South Taluk, Bangalore, and bounded on: East by : Site No. 27 & 28, a private Property West by : 25 Feet Wide Road North by : Ramaiah's Property South by : Vendor's remaining property. - 8 - NC: 2025:KHC:9614 RFA No. 630 of 2010 And the residential premises constructed on the said site with AC Roof, measuring East to West 25ft and North to South 12 ft, bath on the Eastern Side and Lavatory on the Southern Side and a Private Passage of 3 feet width on the South side of the property. 4. Pursuant to the compromise petition condition, the respondent/plaintiff handed over the key to the appellant/defendant. 5. In view of the compromise decree, the appeal stands disposed of. 6. The registry is directed to draw a modified decree in terms of the compromise. Sd/- (H.T. NARENDRA PRASAD) JUDGE Cm/- LIST NO.: 1 SL NO.: 76