- 1 - HC-KAR NC: 2025:KHC:42831 RSA No. 1448 of 2018 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE DR. JUSTICE K.MANMADHA RAO REGULAR SECOND APPEAL NO. 1448 OF 2018 (SP) BETWEEN: SRI G BHOJARAJU SON OF LATE GOVINDAPPA AGED ABOUT 42 YEARS, RESIDING AT MANJUNATHANAGARA, JALAMANGALA ROAD, RAMANAGARA- 571 511. …APPELLANT (BY SMT. SUVARNA.N., ADVOCATE) AND: SRI PUTTEGOWDA SON OF LATE CHANDRE GOWDA SINCE DEAD BY HIS LEGAL REPRESENTATIVES THE RESPONDENTS 2 TO 5 1. SMT PADMA DAUGHTER OF LATE PUTTEGOWDA AGED ABOUT 45 YEARS, 2. SRI RAVI SON OF LATE PUTTEGOWDA AGED ABOUT 42 YEARS, 3. SRI PUTTA SON OF LATE PUTTEGOWDA AGED ABOUT 41 YEARS, Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:42831 RSA No. 1448 of 2018 4. SRI RAVIKUMAR SON OF LATE PUTTEGOWDA AGED ABOUT 38 YEARS, THE RESPONDENTS 1 TO 4 ARE RESIDING AT KEMPEGOWDANA DODDI JEEGANAHALLI DAKLE, KASABA HOBLI RAMANAGARA TALUK RAMANAGARA DISTRICT- 571 511. …RESPONDENTS (BY SMT. ASHA KUMARI.K., ADVOCATE FOR SRI. V.SRINIVASAN, ADVOCATE FOR R1 TO R4) THIS RSA IS FILED U/S. 100 OF CPC., 1908 AGAINST THE JUDGEMENT AND DECREE DTD 01.03.2018 PASSED IN R.A.NO.12/2017 ON THE FILE OF THE ADDL.SENIOR CIVIL JUDGE, RAMANAGARA PARTLY ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGEMENT AND DECREE DTD 17.02.2017 PASSED IN OS.NO.90/2012 ON THE FILE OF THE ADDL.CIVIL JUDGE AND JMFC., RAMANAGARA. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE DR. JUSTICE K.MANMADHA RAO ORAL JUDGMENT Both counsel present. 2. This matter was referred to the Karnataka Mediation Centre for mediation and the matter was settled between the parties. The mediation report was also - 3 - HC-KAR NC: 2025:KHC:42831 RSA No. 1448 of 2018 received from the Karnataka Mediation Centre and the same reads as under: "I. The Appellant is a the Plaintiff. The Appellant entered into an agreement of sale dated 09.02.2011 in respect of the immovable property morefully described as suit schedule property O.S.No.90/2012, before Addl. Civil Judge at Ramanagara, with one Sri. Puttegowda, the Respondent No.1. Sri. Puttegowda died on 20.12.2012 leaving behind 2nd Respondent the daughter, 3rd to 5th Respondent as sons and Smt. Sunandamma, the wife. II. Since the deceased 1st Respondent/Sri. Puttegowda did not honour the terms of the registered sale agreement, the Appellant filed O.S.No.90/2012 before the Addl. Civil Judge at Ramanagara for specific performance of the contract. The suit came to be allowed in part resulting to the Appellant filing R.A.No.12/2017 before the Addl. Senior Civil Judge, Ramanagara. The said appeal was allowed partly modifying decree. Hence the second appeal by the plaintiff. III. During the course of the proceedings, the aforesaid appeal was referred to mediation for resolving the dispute between the parties. The Appellant/Plaintiff and the Respondent No.3 appeared in the mediation with their respective advocates to resolve their disputes and they have agreed and arrived the following terms and conditions: 1. It is agreed between the Appellant and 3rd Respondent that the Appellant shall receive a sum of Rs.14,25,000/- (Rupees Fourteen Lakhs Twenty Five Thousand Only) for and on behalf of all the Respondents No.2, 4 and 5 and also Smt. Sunandamma, in full and final settlement of the entire claim. - 4 - HC-KAR NC: 2025:KHC:42831 RSA No. 1448 of 2018 2. 3rd Respondent for himself and behalf of all the Respondents No.2, 4 and 5 and also Smt. Sunandamma undertakes to pay a sum of Rs.14,25,000/- (Rupees Fourteen Lakhs Twenty Five Thousand Only) in full and final settlement of the claim by tendering demand draft in favour of the Appellant before the Hon'ble Court, In the following manner, at the time of reporting settlement. a) A demand draft bearing No.004663 dated 30.08.2025 drawn on HDFC Bank, Ramanagara Branch for an amount of Rs.8,00,000/- (Rupees Eight Lakhs Only). b) A demand draft bearing No.004667 dated 08.09.2025 drawn on HDFC Bank, Ramanagara Branch for an amount of Rs.3,25,000/- (Rupees Three Lakhs Twenty Five Thousand Only). c) A demand draft bearing No.004670 dated 09.09.2025 drawn on HDFC Bank, Ramanagara Branch for an amount of Rs.3,00,000/- (Rupees Three Lakhs Only). 3. The Appellant confirms and assures that upon receipt of the above sum of Rs. Rs.14,25,000/- (Rupees Fourteen Lakhs Twenty Five Thousand Only), he will execute cancellation of the sale agreement before the Jurisdictional Sub- Registrar, at Ramangara within on or before 31.10.2025. 4. Further the Appellant confirms and assures that upon receipt of the above sum of Rs. Rs.14,25,000/- (Rupees Fourteen Lakhs Twenty Five Thousand Only), he has no claims against the respondents or Smt. Sunandamma of whatsoever nature. - 5 - HC-KAR NC: 2025:KHC:42831 RSA No. 1448 of 2018 5. In view of the above settlement duly executed by 3rd Respondent, the Appellant does not press the appeal as against the respondent Nos.2, 4 and 5. 6. The parties further state that there has been no collusion or force, fraud or any undue influence by any of the parties to enter into this compromise in the aforesaid manner. IV. In view of the aforesaid agreement, both the parties pray that this Hon'ble court may be pleased to appropriate orders, in terms of the aforesaid agreement. V. In view of the aforesaid agreement, the appellant prays for refund of the court fee. VI. Parties will appear before the Hon'ble Court for passing necessary orders in terms of the agreement". 3. In view of the above compromise, this Regular Second Appeal is disposed of. 4. The Registry is directed to refund the Court fee as prayed by the appellant and also draw the decree in terms of the compromise entered into between the parties. Sd/- (DR.K.MANMADHA RAO) JUDGE GSR,List No.: 1 Sl No.: 16