- 1 - HC-KAR NC: 2025:KHC:48382-DB RFA No. 1837 of 2018 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF NOVEMBER, 2025 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MS. JUSTICE TARA VITASTA GANJU REGULAR FIRST APPEAL NO. 1837 OF 2018 (SP) BETWEEN: 1. SRI. P.J.KUMARA RAO AGED ABOUT 73 YEARS, S/O LATE P.JAYA RAO, SINCE DECEASED BY LR’S, SMT. JYOTHI R.RAMPURE AGED ABOUT 50 YEARS, W/O SRI. R.K.RAMACHANDRA, RESIDING AT NO.228, 1ST FLOOR, 8TH CROSS, GOKULAM 3RD STAGE, MYSURU-570 002. 2. MRS. TARA K.PATHANGE AGED ABOUT 71 YEARS, W/O SRI. P.J.KUMARA RAO, BOTH ARE RESIDING AT NO.88, 8TH MAIN ROAD, GOKULAM I STAGE, MYSURU-570 002. …APPELLANTS (BY SRI. Y.K.PRAKASH., ADVOCATE) AND: 1. SRI. SRICHAND TARACHAND AGED ABOUT 71 YEARS, S/O LATE TARACHAND, - 2 - HC-KAR NC: 2025:KHC:48382-DB RFA No. 1837 of 2018 RESIDING AT DOOR NO.83/C, 2ND MAIN ROAD, YADAVAGIRI, MYSURU-570 020. 2. STATE BANK OF MYSORE (PRESENTLY STATE BANK OF INDIA), GOKULAM BRANCH, GOKULAM, MYSURU-570 002. REPRESENTED BY ITS BRANCH MANAGER. …RESPONDENTS (BY SRI. GANAPATHI HEGDE., ADVOCATE FOR R1; R2-SERVED AND UNREPRESENTED) THIS RFA FILED UNDER SECTION 96 R/W ORDER XLI RULE 1 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 22.06.2018 PASSED IN OS.NO.118/2014 ON THE FILE OF THE JUDGE, ADDITIONAL COURT OF SMALL CAUSES, MYSURU, PARTLY DECREEING THE SUIT FOR SPECIFIC PERFORMANCE. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE D K SINGH & HON'BLE MS. JUSTICE TARA VITASTA GANJU ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE D K SINGH) This appeal is filed by the defendant against the judgment and decree dated 22.06.2018 passed in O.S. No. 118 of 2014 (Old O.S. No. 624 of 2009) by the learned Additional Small Causes and Senior Civil Judge, Mysuru. - 3 - HC-KAR NC: 2025:KHC:48382-DB RFA No. 1837 of 2018 2. Vide the impugned judgment and decree, the learned Trial Court held that the plaintiff is entitled to a refund of the advance amount of Rs. 17,00,000/- with interest at 12% per annum from the date of its receipt. It was further ordered that if the amount was not paid within four months from the date of the decree, the defendants would pay interest at the rate of 12% per annum thereon until the date of realization. 3. During the pendency of this appeal, the parties have settled their dispute outside the Court and have filed a joint application under Order XXIII Rule 3 of the Code of Civil Procedure (CPC). The parties are present in Court along with their respective counsels. 4. We have interacted with the parties, who have unequivocally stated that they have entered into a compromise voluntarily and have signed the application filed under Order XXIII Rule 3 CPC. The terms of the compromise, as set out in the memorandum, read as follows: - 4 - HC-KAR NC: 2025:KHC:48382-DB RFA No. 1837 of 2018 “A. The parties have agreed that Respondent No.1 shall be permitted to withdraw the compensation amount of Rs. 36,75,000/- (Rupees Thirty PY Six Lakh Seventy-Five Thousand only) which was deposited by the Appellant before this Hon'ble Court, along with interest accrued till date. B. In addition to the above, the Appellant shall pay an additional compensation of Rs 3,25,000/- (Rupees Three Lakhs Twenty-Five Thousand only) to Respondent No.1 towards full and final settlement of all claims. C. The Appellants have drawn a Bankers Cheque, dated 07.11.2025. bearing No. 696721 drawn on State Bank of India, for Rs.3,25,000/-(Rupees Three Lakhs Twenty-Five Thousand only) in the name of the Respondent No.1 and the same shall be handed over to the Respondent No.1 at the time of recording the present Compromise by this Hon'ble Court. D. In lieu of the payment made by the Appellants and Respondent No.1 will withdraw the cases pending in: (i) Execution Petition No.66/2019 pending before the Additional Small Causes and Senior Civil Judge, Mysuru, (ii) Crl.Appeal No.280/2020 and Crl Appeal No.281/2020 pending before the Hon'ble High Court of Karnataka. E. The parties agree that the aforesaid settlement shall be a full and final settlement of the claims between the parties. The parties shall not have any further claims against each other with respect to the subject matter of the instant suit. WHEREFORE, the parties above named most respectfully pray that this Hon'ble Court may be pleased to- (a) Take on record the above Petition and dispose of the above Appeal in terms of settlement set out in the present Compromise Petition; - 5 - HC-KAR NC: 2025:KHC:48382-DB RFA No. 1837 of 2018 (b) Modify the Judgment and Decree dated 22.06.2018 passed by the Court of the Additional Small Causes and Senior Civil Judge, Mysuru ("Trial Court') in O.S. No.118/2014 (earlier O.S. No.624/2009) filed by the Respondent No.1 in terms of the settlement terms contained herein between the Appellants and Respondent No.1; (c) Pass necessary Orders directing the Registry to transfer the sompensation amount of Rs.36,75,000/- deposited by the Appellants with the Registrar General, High Court of Karnataka, pursuant to the Order dated 15.06.2023, along with accrued interest, to the Bank Account of the Respondent No.1, bearing No. 331402010004916, IFSC Code UBIN0900117, Union Bank of India, Ashoka Road, Mysore. (d) Refund the entire Court Fee paid by the Appellants to the Appellant No.2 in the above case in the interest of justice.” 5. Satisfied that the compromise is lawful, voluntary, and made to settle the dispute wholly, we allow the memorandum. A decree is passed in terms of the settlement recorded in the memorandum under Order XXIII Rule 3 CPC. Let a compromise decree be drawn accordingly. (D K SINGH) JUDGE (TARA VITASTA GANJU) JUDGE TIN List No.: 1 Sl No.: 12 Digitally signed by TARA VITASTA GANJU Location: HIGH COURT OF KARNTAKA Digitally signed by DINESH KUMAR SINGH Location: HIGH COURT OF KARNATAKA