- 1 - HC-KAR NC: 2025:KHC:39138 RSA No. 45 of 2020 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA REGULAR SECOND APPEAL No.45 OF 2020 (SP) BETWEEN: D R HANUMANTHEGOWDA S/O D RAMAIAH AGED ABOUT 49 YEARS R/O NEAR VINAYAKA TENT MARASANDRA ROAD RANGANATHA BADAVANE HAROHALLI VILLAGE AND HOBLI KANAKAPURA TALUK RAMANAGARA DISTRICT-562112 …APPELLANT (BY SRI G M ANANDA, ADVOCATE) AND: MANJUNATH S/O MUTHAIAH AGED ABOUT 40 YEARS R/O HAROHALLI VILLAGE AND HOBLI KANAKAPURA TALUK RAMANAGARA DISTRICT-562112 …RESPONDENT (BY SRI VENKATESH PRASAD.R, ADVOCATE) THIS RSA IS FILED UNDER SECTION 100 OF CIVIL PROCEDURE CODE, 1908 AGAINST THE JUDGMENT AND DECREE DATED 10.07.2019 PASSED IN R.A.No.33/2018 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC KANAKAPURA ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGMENT AND DECREE DATED 26.10.2017 PASSED IN O.S.No.395/2013 ON THE FILE OF THE C/C I ADDL.CIVIL JUDGE AND JMFC, KANAKAPURA. Digitally signed by MALATESH K C Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:39138 RSA No. 45 of 2020 THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE V SRISHANANDA ORAL JUDGMENT Parties present with their respective advocates. They present a compromise petition under Order XXIII Rule 3 of the Code of Civil Procedure. 2. On enquiry parties admit that contents of the compromise petition depict true terms of settlement after due deliberation. Reaching the compromise is voluntary and there is no force, undue influence or coercion in reaching out the terms of the compromise petition. 3. Taking note of the escalation in the value of the property and the hardship pleaded on behalf of the defendant-appellant and also taking note of the fact that in the agreement there is no mention as to the house though it is a small and old house, the enhanced sale consideration in a sum of Rs.16,00,000/- (less amount of Rs.3,00,000/- already in deposit which has to be withdrawn by the appellant) as against Rs.3,00,000/- in the sale agreement, in the considered opinion of this court is - 3 - HC-KAR NC: 2025:KHC:39138 RSA No. 45 of 2020 justifiable in the peculiar facts and circumstance of the case on hand. 4. Therefore, there is no impediment for this court to dispose of the appeal in terms of the compromise petition. 5. Hence, the following: ORDER (i) Appeal stands disposed of in terms of the compromise petition. (ii) Office is directed to pass modified decree in terms of the compromise petition appending the copy of the compromise petition as part of the decree. (iii) In view of the compromise, refund of permissible court fees allowed. Sd/- (V SRISHANANDA) JUDGE kcm List No.: 1 Sl No.: 32