- 1 - NC: 2025:KHC:14877 RSA No. 1621 of 2016 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE ASHOK S.KINAGI REGULAR SECOND APPEAL NO. 1621 OF 2016 (SP) BETWEEN: SRI. G. RAVINDRA S/O R GOPALA REDDY, AGED ABOUT 43 YEARS, R/AT AVALAKUPPA VILLAGE, KASABA HOBLI, SRINIVASPURA TALUK - 563 135 KOLAR DISTRICT. …APPELLANT (BY SMT. SUNANDA SANKAR, ADVOCATE FOR SRI. DEEPAK J, ADVOCATE) AND: SRI. S. CHAND PASHA S/O SYED HUSSAIN, AGED ABOUT 54 YEARS, R/AT RAJAJI ROAD, SRINIVASPURA TOWN - 563 135 KOLAR DISTRICT. …RESPONDENT (BY SRI. SATYANAND B.S, ADVOCATE) THIS RSA IS FILED UNDER SEC.100 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 20.07.2016 PASSED IN RA NO.36/2015 ON THE FILE OF THE PRL. SR. CIVIL JUDGE, KOLAR, PARTLY ALLOWING THE APPEAL AND SETTING ASIDE Digitally signed by SUNITHA K S Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:14877 RSA No. 1621 of 2016 THE JUDGMENT AND DECREE DATED 13.02.2015 PASSED IN OS NO.218/2012 ON THE FILE OF THE PRL. CIVIL JUDGE AND JMFC., C/C, ADDL. CIVIL JUDGE AND JMFC., SRINIVASPUR. THIS APPEAL, COMING ON FOR HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE ASHOK S.KINAGI ORAL JUDGMENT The Appellant and respondent are physically present before the Court, and they are identified by their respective counsels. They filed a joint memo for compromise, which reads as under: Both the Appellant and Respondent after due deliberations by the respective parties have settled the matter among themselves on the following terms: 1. The Respondent herein agreed to pay Rs.4,50,000/- (Rupees Four Lakhs And Fifty Thousands Only) to the Appellant towards full and final settlement in respect of Agreement of Sale dated 04/02/2012. The Appellant has agreed to accept Rs.4,50,000/- (Rupees Four Lakhs And Fifty Thousands Only) towards full and final settlement in respect of Agreement of Sale dated 04/02/2012. - 3 - NC: 2025:KHC:14877 RSA No. 1621 of 2016 2. The Respondent has on this day paid a sum of Rs.3,00,000/- (Rupees Three Lakhs Only) by way of cash to the Appellant. The Respondent has positively agreed to pay balance amount of Rs.1,50,000/- (Rupees One Lakh Fifty Thousands Only) within one month from today failing which, the Appellant is at liberty to file Execution Petition seeking for recovery of Rs.1,50,000/-(Rupees One Lakh Fifty Thousands Only) along with 8% interest per annum from today. 3. The Respondent has no objection for the Appellant to withdraw the deposits made before the Trial Court, Principal Civil Judge and JMFC, Srinivaspura in O.S.No.218/2012. 4. Both the parties agree that, Agreement of Sale dated 04/02/2012 stands cancelled and both the parties have no right and liability flowing from the above Agreement of Sale. 5. Both the parties have consciously and voluntarily entered into this settlement dated 07/04/2025 without being influenced by anyone in this regard. Therefore, this Hon'ble Court maybe pleased to modify the Judgment and Decree passed in R.A.No.36/2015 dated 20/07/2016 before the - 4 - NC: 2025:KHC:14877 RSA No. 1621 of 2016 Principal Senior Civil Judge at Kolar in terms of the above Joint Memo in the interest of Justice and Equity. 2. The contents of the joint memo is read over and explained to the parties in the Kannada Language known to them. They have accepted the terms and conditions mentioned in joint memo, and prays to dispose of the appeal, in terms of joint memo. 3. Joint memo is taken on record. 4. The Appeal is disposed of in terms of joint memo. 5. The Office is directed to draw a decree in terms of joint memo, and refund the Court fee in favour of appellant as per Section 66 of the Karnataka Court Fee and Suit Valuation Act, 1958. Sd/- (ASHOK S.KINAGI) JUDGE VS List No.: 1 Sl No.: 10 CT: BHK