- 1 - HC-KAR NC: 2025:KHC-D:7757-DB RFA No. 100057 of 2020 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 18TH DAY OF JUNE 2025 PRESENT THE HON'BLE MR. JUSTICE R.NATARAJ AND THE HON'BLE MR. JUSTICE RAJESH RAI K REGULAR FIRST APPEAL NO. 100057 OF 2020 (SP) BETWEEN: SUBHASAGOUD S/O. GOUDAPPAGOUD PATIL, AGE: 35 YEARS, OCC: AGRICULTURE, R/O: ARAKERI, TQ: BILAGI, DIST: BAGALKOTE-587116. …APPELLANT (BY SRI. S.B.HEBBALLI, ADVOCATE) AND: 1. BASAVARAJ S/O. SHIDDAPPA DESAI SINCE DECEASED BY HIS LR’s., 1(A). SMT. TARABAI W/O. BASAVARAJ DESAI, AGE: 71 YEARS, OCC: NIL, R/O: INAM HANCHINAL, TQ: BILAGI, DIST: BAGALKOT. 1(B). SMT. NIRMAL W/O. ASHOK CHOURADDI, AGE: 53 YEARS, OCC: HOUSEHOLD WORK, R/O: INAM HANCHINAL, TQ: BILAGI, DIST: BAGALKOT. Digitally signed by VIJAYALAKSHMI M KANKUPPI Location: HIGH COURT OF KARNATKA DHARWAD BENCH Date: 2025.06.24 14:35:03 +0530 - 2 - HC-KAR NC: 2025:KHC-D:7757-DB RFA No. 100057 of 2020 1(C). SRI. UMMAPPA S/O. BASAVARAJ DESAI, AGE: 51 YEARS, OCC: AGRICULTURE, R/O: INAM HANCHINAL, TQ: BILAGI, DIST: BAGALKOT. 1(D). SMT. ANASUYA W/O. MALLAPPA MELLIGERI, AGE: 49 YEARS, OCC: HOUSEHOLD WORK, R/O: INAM HANCHINAL, TQ: BILAGI, DIST: BAGALKOT. 1(E). SMT. RENUKA W/O. GOVINDAPPA DIREVVAGOL, AGE: 47 YEARS, OCC: HOUSEHOLD WORK, R/O: INAM HANCHINAL, TQ: BILAGI, DIST: BAGALKOT. 1(F). SRI. RAJAKUMAR S/O. BASAVARAJ DESAI, AGE: 46 YEARS, OCC: AGRICULTURE, R/O: INAM HANCHINAL, TQ: BILAGI, DIST: BAGALKOT. …RESPONDENTS (BY SRI. HARSH DESAI, ADVOCATE) THIS RFA IS FILED UNDER SECTION 96 OF CPC AGAINST THE JUDGMENT AND DECREE DATED 17.10.2019 PASSED IN O.S.NO.59/2014 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JUDICIAL MAGISTRATE FIRST CLASS BILAGI, PARTLY DECREEING THE SUIT FILED FOR SPECIFIC PERFORMANCE OF CONTRACT. THIS APPEAL COMING ON FOR FINAL HEARING THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE R.NATARAJ AND THE HON'BLE MR. JUSTICE RAJESH RAI K - 3 - HC-KAR NC: 2025:KHC-D:7757-DB RFA No. 100057 of 2020 ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE R.NATARAJ) This appeal arises out of a judgment and decree dated 17.10.2019 passed by the Senior Civil Judge & JMFC, Bilagi in O.S.No.59/2014 by which the suit filed for specific performance was decreed in part. 2. When this appeal was listed for final hearing, the parties were counseled to workout a settlement and accordingly, the parties after negotiations agreed to settle the dispute on terms that was recorded by this Court on 16.06.2025. Today the parties have filed a compromise petition under Order 23 Rule 3 of the Code of Civil Procedure, 1908. The relevant portion of the compromise petition reads as under: “4) Accordingly, the terms of compromise are as under; a) Defendant - 1 / Appellant herein shall pay a total sum of Rs. 50,00,000-00 (Rupees Fifty Lakhs only) to the legal heirs of the Plaintiff / Respondents 1A to 1F herein. He shall pay of sum of Rs. 25,00,000-00 (Rupees Twenty-Five Lakhs only) on or before 31-07-2025. And the balance sum of Rs. 25,00,000-00 (Rupees Twenty-Five Lakhs only) shall be paid over on or before 31-12-2025 to the legal heirs of the Plaintiff / Respondents 1A to 1F herein and obtain proper receipt for the same. - 4 - HC-KAR NC: 2025:KHC-D:7757-DB RFA No. 100057 of 2020 b) Such payments shall be made by either by cash /demand-drafts / bank transfers / RTGS in favor of Rajakumar Desai / Respondent 1F herein. The bank account details are as under: Name Rajakumar Desai Bank Karnataka Bank Ltd. Account No. 9652500100233201 IFSC Code KARB0000965 MICR Code 587052104 Respondents - 1A to 1E have no objection whatsoever for such payments. Respondent - 1F shall duly acknowledge the receipt of the same on behalf of all the legal heirs i. e. Respondents - 1A to 1F herein. c) Upon payment of the full sum of Rs. 50,00,000- 00 (Rupees Fifty Lakhs only) to the legal heirs of the Plaintiff / Respondents - 1A to 1F, Defendant - 1/Appellant shall enjoy the aforesaid land measuring 5 acres as full owner without any kind of claim from Respondents - 1A to 1F herein, and the said registered Agreement of Sale dated 06-02-2010 (Ex. P-1) and unregistered sale-agreement also dated 06-02-2010 (Ex. D-1) both stand annulled. Plaintiff / Respondents 1A to 1F herein shall have no claim / right / interest over the said land. d) However, in the event Defendant - 1 / Appellant herein fails to pay the said total sum of Rs. 50,00,000-00 (Rupees Fifty Lakhs only) to the legal heirs of the Plaintiff / Respondents - 1A to 1F herein as scheduled i. e. Rs. 25,00,000- 00 (Rupees Twenty-Five Lakhs only) on or before 31-07-2025, and the remaining sum of Rs. 25,00,000-00 (Rupees Twenty-Five Lakhs only) on or before 31-12-2025, the impugned judgment & decree dated 17-10-2019 passed by the Court of the Senior Civil Judge & JMFC at Bilagi in OS No. 59 of 2014 shall be executable at once with costs in accordance with law, and Defendant - 1/ Appellant herein shall not claim any equities against the same. - 5 - HC-KAR NC: 2025:KHC-D:7757-DB RFA No. 100057 of 2020 5) The parties have no other claim whatsoever against each other. Since the dispute is amicably resolved, Defendant - 1 / Appellant herein shall be entitled for refund of the entire Court-fee paid on the Memorandum of Regular First Appeal. 6) Subject to the above mentioned terms and conditions, the impugned judgment & decree dated 17-10-2019 passed by the Court of the Senior Civil Judge & JMFC at Bilagi in OS No. 59 of 2014 may be suitably modified by this Hon'ble Court. 7) Wherefore it is most humbly prayed that this Hon'ble Court may be pleased to accept the compromise, modify the decree in OS No. 59 of 2014 and dispose of this Regular First Appeal as having been settled between the parties in the terms mentioned above, in the interest of justice.” 3. The appellant Sri.Subashagoud Patil is present and respondent No.1F is also present. They agree to the terms mentioned in the compromise petition. As a token of their acceptance of the terms of compromise, they have affixed their signatures to the compromise petition. 4. We have perused the terms of the compromise. It is evident that the appellant being defendant No.1 has offered to pay a sum of Rs.50,00,000/- (Fifty Lakh Rupees only) to the legal heirs of the plaintiff i.e. respondents No.1A to 1F towards full and final settlement of all claims arising - 6 - HC-KAR NC: 2025:KHC-D:7757-DB RFA No. 100057 of 2020 out of the agreement of sale dated 06.02.2010 (Ex.P.1) which was duly registered in the office of the sub-Registrar as well as modified agreement dated 06.02.2010 which was marked as Ex.D.1 in the suit. 5. Since the terms of settlement is just and proper and is not opposed to any law, the same is accepted. Consequently, this regular first appeal is allowed and the suit filed by the respondent No.1 in O.S.No.59/2014 on the file of the Senior Civil Judge & JMFC, Bilagi is disposed of in terms of this compromise petition. 6. Office is directed to refund full court fee. Sd/- (R.NATARAJ) JUDGE Sd/- (RAJESH RAI K) JUDGE RH Ct:vh List No.: 1 Sl No.: 27