- 1 - HC-KAR NC: 2025:KHC:25458 RFA No. 1672 of 2016 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF JULY, 2025 BEFORE THE HON'BLE MS. JUSTICE JYOTI MULIMANI REGULAR FIRST APPEAL NO. 1672 OF 2016 (RES) BETWEEN: SRI. RAJESH SETHIA @ RAJESH KUMAR SETHIA, S/O. SRI. MADAN CHAND SETHIA, AGED ABOUT 43 YEARS, R/AT NO. 397, 2ND FLOOR, 5TH MAIN, HANUMANTHANAGARA, BANGALORE-560 050. …APPELLANT (BY SRI. DEVARAJ.G., ADVOCATE) AND: SRI. E.SRIPATHI REDDY AGED ABOUT 46 YEARS, R/AT FLAT NO. SF-3, SECOND FLOOR, "SOVEREIGN PARK" NO. 38/10, 2ND MAIN, CHINNANNA LAYOUT, KAVALBYRASANDRA, BANGALORE-560 078. …RESPONDENT (BY SRI. S.S.HIREMATH., ADVOCATE) THIS REGULAR FIRST APPEAL IS FILED UNDER SECTION 96 OF THE CODE OF CIVIL PROCEDURE. THIS REGULAR FIRST APPEAL IS LISTED FOR REPORTING SETTLEMENT, THIS DAY, THE JUDGMENT WAS DELIVERED AS UNDER: Digitally signed by THEJAS KUMAR N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:25458 RFA No. 1672 of 2016 ORAL JUDGMENT Sri.Devaraj.G., counsel for the appellant and Sri.S.S.Hiremath., counsel for the respondent have appeared in person. 2. This is an appeal from the Court of the XII Addl. City Civil and Sessions Judge, Bengaluru (CCH-27). 3. Counsel for respective parties submits that during the pendency of the appeal, at the instance of mutual well- wishers, the appellant and the respondent have agreed to settle the dispute amicably. Hence, they filed a Memorandum of Compromise Petition under Order 23 Rule 3 of CPC. Counsel therefore, submits that the Compromise Petition may be taken on record and the appeal may be disposed of in terms of the compromise petition. The appellant and the respondent are physically present before the Court and they have been duly identified by their respective counsel. When queried, they stated that they have indeed settled the dispute and they have arrived at compromise/ settlement and the appeal may be disposed of in terms of the compromise/ settlement arrived by them. They - 3 - HC-KAR NC: 2025:KHC:25458 RFA No. 1672 of 2016 further state that they have arrived at settlement on their own will and volition without there being any coercion and undue influence from any side. The oral submission and the compromise petition is placed on record. I have perused the same with utmost care. 4. The Regular First Appeal is disposed of in terms of the compromise petition. The Judgment and Decree dated 08.09.2016 passed by the Court of XII Addl. City Civil and Sessions Judge, Bengaluru (CCH-27) in O.S.No.4538/2014 is set-aside. The suit is decreed in terms of the compromise petition. The Registry concerned is hereby directed to draw the decree in terms of the compromise petition. The Registry concerned is also directed to refund the admissible Court fee as per the Karnataka Court Fee and Suits Valuation Act, 1958. Sd/- (JYOTI MULIMANI) JUDGE TKN List No.: 1 Sl No.: 17