- 1 - HC-KAR NC: 2025:KHC:34471 RFA No. 1425 of 2019 C/W RFA No. 1639 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR REGULAR FIRST APPEAL NO. 1425 OF 2019 (DEC/INJ) C/W REGULAR FIRST APPEAL NO. 1639 OF 2019 (DEC/INJ) IN RFA No. 1425/2019: BETWEEN: SMT. L K AKILA AGED 41 YEARS, D/O. L K RAJU, R/AT NO. 38/11, 2ND MAIN ROAD, GD PARK EXTENSION, VYALIKAVAL, BENGALURU-560 003. …APPELLANT (BY SMT. PRATHIMA S K., ADVOCATE) AND: 1. MR. M SURESH S/O. K MANI, AGED ABOUT 47 YEARS R/AT NO. 15/A, MILK COLONY, MALLESWARAM WEST, BENGALURU-560 055. 2. MR. P. ELUMALAI S/O PERUMAL AGED ABOUT 51 YEARS R/AT NO.1523, 9TH MAIN ROAD 2ND STAGE, RAJAJINAGAR BENGALURU-560 010. …RESPONDENTS (BY SRI. JNANESH KUMAR K., ADVOCATE FOR C/R1; SRI. SUPREETH S., ADVOCATE FOR R2) THIS RFA IS FILED UNDER SEC.96 ORDER 41 RULE 1 R/W.SEC.96 OF CPC.,AGAINST THE JUDGMENT AND DECREE DATED 26.04.2019 PASSED IN OS NO.4555/2013 ON THE FILE OF THE XXXVII ADDL. CITY CIVIL JUDGE (CCH-38) Page No.1 is retyped and replaced vide chamber order dated 25.09.2025 Digitally signed by RAMYA D Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:34471 RFA No. 1425 of 2019 C/W RFA No. 1639 of 2019 BANGALORE PARTLY DECREEING THE SUIT FOR DECLARATION AND PERMANENT INJUNCTION. IN RFA NO. 1639/2019: BETWEEN: MR.P.ELUMALAI S/O PERUMAL, AGED ABOUT 51 YEARS, R/AT NO.1523, 9TH MAIN ROAD, 2ND STAGE, RAJAJINAGAR, BENGALURU-560010 ...APPELLANT (BY SRI. SUPREETH S., ADVOCATE) AND: 1. MR.M.SURESH S/O K MANI, AGED ABOUT 47 YEARS, R/AT NO.15/A, MILK COLONY, MALLESHWARAM WEST, BENGALURU-560055 2. SMT L K AKILA AGED 41 YEARS, D/O L K RAJU, R/AT NO.38/11, 2ND MAIN ROAD, G.D.PARK EXTENSION, VYALIKAVAL, BENGALURU-560003 ...RESPONDENTS (BY SRI. JNANESH KUMAR.K., ADVOCATE FOR C/R1; SMT. S.K.PRATHIMA, ADVOCATE FOR R2) THIS RFA IS FILED UNDER SEC.96 R/W.41 RULE 1 OF THE CPC.,AGAINST THE JUDGMENT AND DECREE DATED 26.04.2019 PASSED IN OS NO.4555/2013 PASSED IN OS NO.4555/2013 ON THE FILE OF THE XXXVII ADDL. CITY CIVIL AND SESSIONS JUDGE, BANGALORE CITY PARTLY DECREEING THE SUIT FOR DECLARATION AND INJUNCTION. - 3 - HC-KAR NC: 2025:KHC:34471 RFA No. 1425 of 2019 C/W RFA No. 1639 of 2019 THESE APPEALS, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR ORAL JUDGMENT The Karnataka Mediation Centre has submitted a Report stating that the matter is settled between the parties in the appeal and settlement agreement is drawn in the appeals. Along with a Report, memorandum of agreement under Section 89 of the CPC read with Rules 24 & 25 of Karnataka Civil Procedure (Mediation) Rules, 2007 is produced. 2. The said Report and memorandum of agreement are placed on record. 3. In view of the settlement in the Mediation Centre, the appeal is disposed of. 4. In the memorandum of agreement, at Clause (d), the appellant has agreed and confirmed that they have no objection for cancellation of registered sale deed - 4 - HC-KAR NC: 2025:KHC:34471 RFA No. 1425 of 2019 C/W RFA No. 1639 of 2019 dated 06.02.2013 at the Office of the Sub-Registrar, Gandhinagara (Byatarayanapura), Bengaluru. Therefore, as per this agreement by the parties, it is directed the Office of the Sub-Registrar, Gandhinagara (Byatarayanapura), Bengaluru to take steps for cancellation of sale deed in detail stipulated at para (d) in the memorandum of agreement. 5. Draw decree in terms of settled memorandum of agreement. 6. Copy of the memorandum of agreement shall be annexed with part and parcel of this order. Registry is directed to refund the Court Fee. Sd/- (HANCHATE SANJEEVKUMAR) JUDGE KA List No.: 1 Sl No.: 29