- 1 - NC: 2025:KHC-D:4040-DB RFA No. 100326 of 2022 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 28TH DAY OF FEBRUARY, 2025 PRESENT THE HON'BLE MR. JUSTICE ASHOK S. KINAGI AND THE HON'BLE MR. JUSTICE UMESH M ADIGA REGULAR FIRST APPEAL NO. 100326 OF 2022 (SP) BETWEEN: 1. GADDI NAGARAJA S/O. SHIVANGOUDA AGE. ABOUT 53 YEARS, OCC. AGRICULTURE, R/O: ITTIGI GRAM KOTI, HUVINHADAGALI TQ. DIST. BALLARI-583 219. 2. KOTRAMMA W/O GADDI NAGARAJA, AGE. ABOUT 48 YEARS, OCC. HOUSEHOLD WORK, R/O. ITTIGI GRAM KOTI, HUVINHADAGALI TQ, DIST. BALLARI-583 219. 3. KUMARA S/O GADDINAGARAJA, AGE. ABOUT 28 YEARS, OCC. AGRICULTURE, R/O: ITTIGI GRAM KOTI, HUVINHADAGALI TQ. DIST:BALLARI-583 219. …APPELLANTS (BY SRI. ARAVIND D. KULKARNI, ADVOCATE) MALLIKARJUN RUDRAYYA KALMATH Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: HIGH COURT OF KARNATAKA Date: 2025.03.22 11:41:40 +0530 - 2 - NC: 2025:KHC-D:4040-DB RFA No. 100326 of 2022 AND: SMT. K. GANGA W/O K SIDDAPPA AGE. 58 YEARS, R/O: ADAVIMALLINAKERE VILLAGE, HUVINHADAGALI TQ. DIST. BALLARI-583 219. NOW R/O: AT AMOGHA NILAYA, 1ST MAIN ROAD, 3RD CROSS, ADARSHANAGAR, TUMKURU CITY, DIST: TUMKURU-572101. …RESPONDENT (BY SRI. S.S. PATIL, ADVOCATE) THIS RFA IS FILED UNDER SEC. 96 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 25.02.2022 PASSED IN O.S.NO.43/2019 ON THE FILE OF THE SENIOR CIVIL JUDGE, H.B. HALLI, ITINERARY SITTING AT SENIOR CIVIL JUDGE, HUVINHADAGALI, DECREEING THE SUIT FILED FOR SPECIFIC PERFORMANCE. THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE ASHOK S. KINAGI AND THE HON'BLE MR. JUSTICE UMESH M ADIGA ORAL ORDER (PER: THE HON'BLE MR. JUSTICE ASHOK S. KINAGI) The appellants and Power of Attorney Holder of respondent are present before the Court and they are identified by their respective counsels. - 3 - NC: 2025:KHC-D:4040-DB RFA No. 100326 of 2022 2. The parties to the appeal have filed a compromise petition, which reads as under : "1. That, the Appellants herein are seeking for setting aside the Judgment and Decree passed in O.S.43/2019 passed by Senior Civil Judge and J.M.F.C H.B.Halli and itinerary Senior Civil Judge Huvinahadagali on 25th February 2022. 2. It is submitted that during the pendency of the captioned appeal, both the parties after due deliberations, now have agreed to amicably settle the matter in the following terms: - • Appellants herein and Respondent herein have agreed for full and final settle the present dispute for Rs.6,00,000/-. Both Appellants and Respondent have agreed that Respondent shall pay an amount of Rs.6,00,000/- towards the entire present dispute/litigation pertaining to the Agreement dated 17/09/2018. • It is further agreed by the Appellants and Respondent herein that the said amount will be paid on or before - 4 - NC: 2025:KHC-D:4040-DB RFA No. 100326 of 2022 31/03/2025. It is submitted that both the Appellants and Respondent have accepted the above said settlement, is voluntarily and out of free mind. • In view of the above settlement Appellants will execute the Sale Deed in respect of suit schedule property i.e., Sy.No.53/A measuring 26 cents situated in Itagi Village, Tq: Hadagali, Dist: Bellary, after the receipt of the above said amount. • In case Respondent fails to make the payment as agreed herein above, on or before 31/03/2025, Appellants will be at liberty to seek for revival of the captioned Appeal or can file execution Petition. 3. Both the parties have also agreed that the present settlement is towards full and final settlement of the present litigation. It is also agreed by both the parties to the litigation that they have no any other/further claims against Respondent regarding the present litigation. In view of the above said settlement between the parties, it is most respectfully submitted that the impugned judgment and decree may kindly - 5 - NC: 2025:KHC-D:4040-DB RFA No. 100326 of 2022 be modified in terms of the above-mentioned settlement, in the interest of justice and equity. Wherefore, it is most humbly prayed before this Hon'ble Court to accept the abovementioned settlement between the parties and may kindly be pleased to modify the impugned judgment and decree in terms of the above settlement and hold that the entire claim of the Appellants and Respondent regarding the subject matter of the present litigation are settled/closed." The contents of the compromise petition are read over and explained to the parties in Kannada language known to them. They have accepted the terms and contents of the compromise petition and prays to dispose of the appeal in terms of the compromise petition. Accordingly, compromise petition is taken on record. The Appeal is disposed of in terms of the compromise petition. The office is directed to draw decree in terms of the compromise petition and refund the Court fee in favour of - 6 - NC: 2025:KHC-D:4040-DB RFA No. 100326 of 2022 the appellants as per Section 66 of Karnataka Court Fees & Suits Valuation Act, 1958. Sd/- (ASHOK S. KINAGI) JUDGE Sd/- (UMESH M ADIGA) JUDGE bk LIST NO.: 1 SL NO.: 3