- 1 - HC-KAR NC: 2025:KHC:37748 RSA No. 702 of 2013 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE REGULAR SECOND APPEAL NO.702 OF 2013 (SP) BETWEEN: 1. S.T. JAYASHANKAR S/O LATE THIMME GOWDA AGED ABOUT 50 YEARS 2. SMT. S.J. BHARATHI W/O S.T. JAYASHANKAR AGED ABOUT 40 YEARS BOTH ARE RESIDING AT SHANTHAPURA VILLAGE KODLIPET SOMWARPET TALUK KODAGU DISTRICT-571 231. …APPELLANTS (BY SRI. G. MANIVANNAN, ADVOCATE) AND: 1. H.S. MALLIKARJUNA S/O. LATE H.M. SHANKARAPPA AGED ABOUT 55 YEARS R/AT KODLIPET TOWN SOMAWARPET TALUK KODAGU DISTRICT-571 231. …RESPONDENT (BY SRI. CHANDRASHEKAR S., ADVOCATE) Digitally signed by PRAMILA G V Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:37748 RSA No. 702 of 2013 THIS RSA IS FILED U/S.100 ORDER XLII RULE 1 OF CPC, AGAINST THE JUDGEMENT AND DECREE DATED 11.03.2013 PASSED IN R.A.NO.47/2010 ON THE FILE OF DISTRICT JUDGE, MADIKERI, ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGEMENT AND DECREE DATED 21.07.2010 PASSED IN O.S.NO.86/2003 ON THE FILE OF THE SENIOR CIVIL JUDGE, MADIKERI. THIS APPEAL COMING ON FOR FURTHER HEARING THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE ORAL JUDGMENT The application is filed under Order XXIII Rule 3 of the Code of Civil Procedure reporting settlement. 2. Learned counsel for the appellants and learned counsel for the respondent are present, so also the appellants and the respondent. 3. This second appeal is arising out of divergent finding in a suit for specific performance. The suit was initially dismissed, on appeal by the plaintiff, the suit was decreed granting the decree for specific performance. 4. Now, the parties, who are present before this Court jointly submit that they have settled the dispute amicably. The - 3 - HC-KAR NC: 2025:KHC:37748 RSA No. 702 of 2013 parties are filed the compromise petition under Order XXIII Rule 3 of the Code of Civil Procedure. 5. This Court has gone through the terms and conditions of the settlement. The terms of the settlement are as under: a) The Respondent has agreed to give up all his right rights, interest, possession which he had acquired under the Document Dated 31.3.1997 as per Ex. P1 and the said document to be Cancelled. b) The Appellants has agreed to receive a sum of 10,00,000/-(Rupees Ten Lakhs only) from the Appellants in full and final settlement of his claim under the Document Dated 31.3.1997, as per Ex. P-1. c) The Respondent has agreed to handover the vacant of possession of the Suit Schedule Property to the Appellants on or before 20.11.2025 and on handing over the vacant possession of the Suit Schedule Property by the Respondent, the Appellants have agreed to pay the agreed sum of 10,00,000/- (Rupees Ten Lakhs only) to the Respondent and both the parties agreed to comply - 4 - HC-KAR NC: 2025:KHC:37748 RSA No. 702 of 2013 with the same on or before 20.11.2025 with out allowing either parties for further litigations. c) That in the event, the Respondent fails to deliver the vacant possession of the Suit Schedule Property on or before 20.11.2025, the Appellants are at liberty to Execute the Decree before the Trial Court by depositing the sum of 10,00,000/- (Rupees Ten Lakhs only) before the Trial Court, in which event, the Respondent shall hand over the vacant possession of the Suit Schedule Property without raising any Objections in any manner. d) On delivery of the vacant possession of the Suit Schedule Property, the Respondent undertakes that he would not interfere with the peaceful possession and enjoyment of the Suit Schedule Property of the Appellants and that the Respondents do not have any Objections in any manner in the Appellants dealing with the Suit Schedule Property belonging to them of their choice, and further the Respondent under takes that he would not part with the Possession of the Suit Schedule Property to any of the third Parties. e) In view of the above, the Judgment and Decree Dated. 11.03.2013, passed by the Honourable District & Sessions Judge, at Madikeri, in R.A. No. 47 of 2013, may be set aside and the - 5 - HC-KAR NC: 2025:KHC:37748 RSA No. 702 of 2013 Decree in O.S. No. 86 of 2003, on the file of the Honourable Senior Civil Judge, at Madikeri, may be Modified in terms of the Joint Memo. f) The Parties have entered into this Compromise out of their own free will without there being any external pressure, undue influence or coercion and with an intention to live in peace and free from all litigations. g) Parties shall bear their own costs. 6. This Court does not find any impediment to accept the terms of the settlement. 7. Accepting the terms of the settlement, the impugned judgment and decree dated 21.07.2010 in O.S.No.86/2003 and judgment and decree dated 11.03.2013 in R.A.No.47/2010 are set aside and the suit in O.S.No.86/2003 is decreed in terms of the settlement. 8. The Registry to draw the decree accordingly. 9. The Registry to refund the Court fee to the appellant No.1. - 6 - HC-KAR NC: 2025:KHC:37748 RSA No. 702 of 2013 10. The amount in deposit before First Appellate Court shall be released in favour of the respondent inclusive of interest, if any. No order as to cost. SD/- (ANANT RAMANATH HEGDE) JUDGE ST List No.: 1 Sl No.: 32 ...