- 1 - HC-KAR NC: 2025:KHC:46551 RFA No. 650 of 2010 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE R. NATARAJ REGULAR FIRST APPEAL NO.650 OF 2010 (SP) BETWEEN: C.L. PUTTANNAIAH, S/O LATE RAJEGOWDA LINGAPPA, AGED ABOUT 67 YEARS R/AT NO.507, HOSABADAVANE, PWD HOSPITAL, OPPOSITE K.R.NAGAR, BELAGOLA HOBLI, SRIRANGAPATNA TALUK-571 416. MANDYA DISTRICT. …APPELLANT (BY SMT. KAVYA ANILKUMAR, ADVOCATE) AND: SMT. CHANDRAMMA, W/O MAHADEVA, R/AT: D.NO.27/ID, OFFICIALS COLONY, K.R.SAGARA, BELAGOLA HOBLI, SRIRANGAPATNA TALUK-571416. MANDYA DISTRICT …RESPONDENT (BY SRI. ADITYA BHAT, ADVOCATE) THIS RFA IS FILED UNDER SECTION 96 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 18.01.2010 PASSED IN O.S.NO.154/2006 ON THE FILE OF THE ADDITIONAL CIVIL JUDGE (SR.DN) SRIRANGAPATNA, DECREEING SUIT FOR SPECIFIC PERFORMANCE OF SALE AGREEMENT. Digitally signed by SUMA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:46551 RFA No. 650 of 2010 THIS APPEAL, COMING ON FOR HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE R. NATARAJ ORAL JUDGMENT This appeal is filed by the defendant in O.S.No.154/2006 on the file of the Additional Civil Judge (Sr. Dvn.), Srirangapatna, challenging the judgment and decree dated 18.01.2010, by which the suit for specific performance was decreed. 2. When this appeal was listed for final hearing, the parties have filed a compromise petition under Order XXIII Rule 3 of CPC. The relevant terms of the compromise reads as follows:- 6. That, during the pendency of the captioned Appeal, at the intervention of common friends, elders in the family, relatives, well wishers and friends, the Parties to the instant lis have arrived at this settlement. The Plaintiff and Defendant are accordingly submitting this compromise petition, requesting this Hon'ble Court to record the same and pass appropriate orders. Accordingly, the Plaintiff and Defendant submit - 3 - HC-KAR NC: 2025:KHC:46551 RFA No. 650 of 2010 that in terms of this settlement they agree, confirm and submit as follows:- i. It is agreed between the Parties that Schedule 'A' Property measuring in total 7623 sq.ft. shall be divided into three portions - the first portion measuring 3515.31 sq. ft. comprising the Mangalore Tiled and RCC house (more fully described in the schedule under and hereinafter referred to as "Schedule 'B' Property"), second portion comprising of vacant land measuring 507.66 sq. ft (more fully described in the schedule under and hereinafter referred to as "Schedule 'C' Property") and third portion comprising of vacant land measuring 3600 sq. ft (more fully described in the schedule under and hereinafter referred to as "Schedule 'D' Property") ii. It is agreed between the Parties that the Defendant shall retain ownership and possession of the Schedule 'B' Property. The Plaintiff hereby unequivocally acknowledges and confirms the Defendant's absolute right, title and interest over the said property and further undertakes that neither the Plaintiff nor any person claiming through or under the Plaintiff shall, at any time hereafter, - 4 - HC-KAR NC: 2025:KHC:46551 RFA No. 650 of 2010 raise any dispute, claim or objection in respect of the Schedule 'B' Property. iii. It is agreed between the Parties that the title, ownership and possession of Schedule 'C' Property and Schedule 'D' Property shall hereafter vest absolutely and exclusively with the Plaintiff. The Defendant hereby unequivocally acknowledges and confirms the Plaintiff's absolute right, title and interest over the said property and further undertakes that neither the Defendant nor any person claiming through or under the Defendant shall, at any time hereafter, raise any dispute, claim or objection in respect of Schedule 'C' Property and Schedule 'D' Property. iv. It is agreed between the Parties that the Defendant hereby confirms and acknowledges receipt of a sum of Rs.2,00,000/-(Rupees Two Lakhs Only) paid by the Plaintiff at the time of execution of the sale agreement on 29.08.2005. The said amount shall stand adjusted and treated as full and final consideration towards transfer of ownership and possession of Schedule 'C' Property and Schedule 'D' Property in favour of the Plaintiff and the Defendant shall have - 5 - HC-KAR NC: 2025:KHC:46551 RFA No. 650 of 2010 no further claim or demand in respect thereof. v. It is agreed between the Parties that the Defendant represents that he has a good and marketable title to the Schedule 'C' Property and Schedule 'D' Property, which is free from all encumbrances, charges, liens, claims or demands of any kind. The Defendant further agrees that in the unlikely event of any claim or dispute arising hereafter in respect of the title or possession of Schedule 'C' Property and Schedule 'D' Property, he shall not only extend full cooperation but indemnify the Plaintiff to ensure the Plaintiff's ownership and possession remain undisturbed. vi. It is agreed between the Parties that the Defendant shall whenever required execute and sign all such documents, letters, declarations or no objection certificates as may be necessary or desirable to give full and complete effect to the Plaintiff's ownership and possession of Schedule 'C' Property and Schedule 'D' Property. The Plaintiff undertakes to bear and discharge all expenses, charges and costs, if any, that may be incurred in giving effect to and - 6 - HC-KAR NC: 2025:KHC:46551 RFA No. 650 of 2010 perfecting his ownership and possession of Schedule 'C' and Schedule 'D' Property. vii. It is agreed between the Parties that each shall hereafter respect and not disturb the other's peaceful ownership, possession and enjoyment of their respective properties, namely, the Defendant in respect of the Schedule 'B' Property and the Plaintiff in respect of Schedule 'C' Property and Schedule 'D' Property. The Parties further declare that this compromise represents a full and final settlement of all their claims, rights and obligations inter se and that neither party shall hereafter have or raise any manner of claim against the other in respect of this compromise or otherwise. 7. The Parties have entered into this compromise petition out of their own free will and volition and there is no threat or coercion or undue influence and further the Parties agreed that the terms of the compromise are fair and just WHEREFORE, the Parties pray that this Hon'ble Court may be pleased to take on record the present compromise petition filed for joint compromise among the Parties in the interest of justice and equity. - 7 - HC-KAR NC: 2025:KHC:46551 RFA No. 650 of 2010 SCHEDULE Schedule A Property Mangalore Tiled and R.C.C. house situated at K.R. Sagar, in Srirangapatana Taluk, bearing K.R. Sagara, Gram panchayath Khatha No.123 (New Khatha No.94/123) North-south towards East 45 ft, towards West 80 ft, East-West 150 ft, Southern Side 26 ft (Total 7623 Sq. ft) 29½ ft x 80 ft., out of this 11 ft x 30 ft Mangalore Tiled House and 48½ ft x 25 ft R.C.C House, including Hullar and Floor Mill and Western side encroachment land bounded on: East : Road West : K.R.S Garden Road North : House of Krishnegowda & Sankaregowda South: Kamalamma's site Schedule B Property Property measuring 3515.31 sq ft including Mangalore Tiled and R.C.C. house situated at K.R. Sagar, in Srirangapatana Taluk, bearing K.R. Sagara, Gram panchayath Khatha No.123 (New Khatha No.94/123) North-south 38.314 ft, East-West 91.75 ft, out of this 11 ft x 30 ft is Mangalore Tiled house and 48½ ft x 25 ft is R.C.C house land bounded by: East : Road - 8 - HC-KAR NC: 2025:KHC:46551 RFA No. 650 of 2010 West : Erstwhile property of C L Puttannaiah which now belongs to Chandramma North : House of Krishnegowda & Sankaregowda South: Kamalamma's site Schedule C Property Property measuring 507.6605 sq. ft situated at K.R. Sagar, in Srirangapatana Taluk, bearing K.R. Sagar, Gram panchayath Khatha No.123 (New Khatha No.94/123) North-South 38.314 ft, East-West 13.25 ft, bounded on: East : C.L Puttannaiah's Property West : Erstwhile property of C L Puttannaiah which now belongs to Chandramma North : House of Krishnegowda & Sankaregowda South : Kamalamma's site Schedule D Property Property measuring 3600 sq ft situated at K.R. Sagar, in Srirangapatana Taluk, bearing K.R. Sagar, Gram panchayath Khatha No. 123 (New Khatha No.94/123) North-South 80 ft, East-West 45 ft, bounded on: East : Kamalamma's site and the erstwhile property of C L Puttannaiah which now belongs to Chandramma - 9 - HC-KAR NC: 2025:KHC:46551 RFA No. 650 of 2010 West : Vacant Property followed by K.R.S Garden Road North : House of Krishnegowda & Sankaregowda South : Kamalamma's site 3. By virtue of the compromise, the appellant/defendant has agreed that he shall retain ownership and possession of the schedule 'B' property, while schedule 'C' and 'D' properties shall vest in favour of the respondent/plaintiff. In addition, certain other terms are settled between the parties relating to the refund. Since the terms of the settlement are just and proper and are not opposed to any law, the same is accepted. 4. The appellant/defendant and the respondent/plaintiff are present before the Court and are identified by their respective counsel. They have acknowledged that they have settled the dispute on terms mentioned above and have affixed their signatures to the compromise petition. In token of such acceptance, they have affixed their signatures on the order sheet of this appeal. - 10 - HC-KAR NC: 2025:KHC:46551 RFA No. 650 of 2010 5. In view of the aforesaid, the judgment and decree dated 18.01.2010 passed by the Additional Civil Judge (Sr. Dvn.), Srirangapatna in O.S.No.154/2006 is modified. 6. This appeal as well as the suit filed by the plaintiff in O.S.No.154/2006 before the Additional Civil Judge (Sr. Dvn.), Srirangapatna stand disposed off in terms of the compromise. 7. Office is directed to draw a decree in terms of the compromise and if the parties are interested, they are at liberty to get the same registered in accordance with law. 8. In view of disposal of the appeal, pending I.As., if any, do not survive for consideration and the same stand disposed off. 9. In view of the settlement entered between the parties, office is directed to return the entire Court fee paid by the appellant/defendant in this appeal. Sd/- (R. NATARAJ) JUDGE PMR List No.: 2 Sl No.: 3