- 1 - NC: 2025:KHC-D:3918-DB RFA No. 100313 of 2020 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 25TH 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. 100313 OF 2020 (SP) BETWEEN: SRI. T. SHANKAR S/O T. BASANNA, AGED ABOUT 42 YEARS, HINDU, OCC: AGRICULTURIST, R/O: NO.10 MUDDAPURA VILLAGE, HOSAPETE-583201. …APPELLANT (BY SRI. SATHISH M.S., ADVOCATE) AND: 1. KATTE SHANKARAPPA S/O. LATE K. CHANNABASAPPA, AGRICULTURIST, HINDU, R/O: NO.10 MUDDAPURA VILLAGE-583132, HOSAPETE SINCE DEAD BY HIS LR'S SMT. KATTE PARVATHAMMA W/O LATE KATTE SHANKARAPPA, AGED ABOUT 69 YEARS, R/O: 2ND WARD, GOULER ONI, NO.10 MUDDAPURA VILLAGE, NEAR KAMPLI, KAMPLI TALUK, BALLARI DISTRICT-583132. 2. HULIGEMMA W/O PAINTER VEERESH S/O PAINTER KARIYAPPA, D/O LATE KATTE SHANKARAPPA, AGED ABOUT 44 YEARS, R/O: ONTETTINA BANDI, Digitally signed by V N BADIGER Location: HIGH COURT OF KARNATAKA Date: 2025.03.01 12:10:18 +0530 - 2 - NC: 2025:KHC-D:3918-DB RFA No. 100313 of 2020 14TH WARD, RAJEEV GANDHI NAGARA, KARATAGI, GANGAVATHI, GANGAVATHI TALUK, KOPPAL DISTRICT-583229. 3. KATTE MANJUNATHA S/O LATE KATTE SHANKARAPPA, AGED ABOUT 42 YEARS, R/O: 2ND WARD, GOULER ONI, NO.10 MUDDAPURA VILLAGE, NEAR KAMPLI, KAMPLI TALUK, BALLARI DISTRICT-583132. 4. Y. REKHA W/O HULUGAPPA D/O LATE KATTE SHANKARAPPA, AGED ABOUT 40 YEARS, R/O: WARD NO.10, NEAR SUNKLAMMA TEMPLE, NO.5, BELGODU HALLU VILLAGE, NEAR KAMPLI, KAMPLI TALUK, BALLARI DISTRICT-583132. 5. SMT. CHANDRIKA W/O RAGHAVENDRA D/O LATE KATTE SHANKARAPPA, AGED ABOUT 38 YEARS, R/O: MUNIRABAD, KOPPAL TALUK AND DISTRICT-583234. …RESPONDENTS (BY SRI. H.R. DESHPANDE, ADVOCATE FOR R1, R2, R4 AND R5; NOTICE R3 TO SERVED) THIS RFA IS FILED UNDER ORDER XLI RULE 1 R/W. SEC. 96 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED.07.03.2020 PASSED IN O.S.NO.131/2016 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE AND JUDICIAL MAGISTRATE FIRST CLASS, HOSAPETE, DISMISSING THE SUIT FILED FOR SPECIFIC PERFORMANCE OF CONTRACT. THIS APPEAL, COMING ON FOR REPORTING FOR SETTLEMENT, 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 - 3 - NC: 2025:KHC-D:3918-DB RFA No. 100313 of 2020 ORAL ORDER (PER: HON'BLE MR JUSTICE ASHOK S. KINAGI) This appeal is filed challenging the judgment and decree passed in O.S.No.131/2016, dated 7.03.2020 by learned Addl. Senior Civil Judge and JMFC., Hospeth, wherein the appellant herein filed suit for Specific Performance of Contract. The said suit was dismissed vide judgment dated 07.03.2020. The plaintiff aggrieved by the judgment passed in O.S.No.131/2016 filed this Regular First Appeal. 2. The appellant and respondent Nos.2, 4 and 5 are present before the Court and they are identified by their respective counsels. They have filed a compromise petition which reads as under: 1) The respondents no.2, 4 & 5 have amicably agreed and paid amount of Rs.28,00,000/- (Rupees Twenty Eight Lakhs only) to the Appellant as full and final settlement of his claim in respect of suit schedule property. - 4 - NC: 2025:KHC-D:3918-DB RFA No. 100313 of 2020 2) The Appellant has agreed and accepted the said amount as full and final settlement and he shall not have any claim in respect of suit schedule property henceforth. 3) The respondents no.2, 4 & 5 have paid an amount of Rs.2,00,000/- as advance to the appellant on 02-02-2025, the said amount has been received by appellant. 4) The respondents no.2, 4 & 5 have paid remaining amount of Rs.26,00,000/- (Rupees Twenty Six Lakhs) as remaining amount out of the total agreed amount to the appellant on today i.e., 25-02-2025, the said amount has been received by appellant. 5) The appellant has no objection for respondents to claim back the original agreement produced before trial court as Ex.P-1 by appellant. 6) Accepting the above statements, this Appeal may be disposed of as settled in terms of the compromise between the parties, accordingly modifying the impugned judgment and decree dated: 07-03-2020 passed by Hon'ble Additional - 5 - NC: 2025:KHC-D:3918-DB RFA No. 100313 of 2020 Senior Civil Judge & JMFC, at Hosapete in O.S No.131 of 2016, in the interest of justice. The terms of this Compromise Petition which are written down in English language are read over and explained in Kannada language to the parties, who after having fully understood the same have affixed their respective signatures out of their free will & consent, without any coercion or undue influence. Respondent Nos.2, 4 and 5 have paid amount of Rs.28,00,000/- to the appellant towards full and final settlement and the appellant has no claim against the respondents. 3. The contents of compromise petition is read over and explained to them in Kannada language know to them. 4. They accepted the terms and conditions mentioned in the compromise petition and pray to dispose of the appeal in terms of the compromise petition. - 6 - NC: 2025:KHC-D:3918-DB RFA No. 100313 of 2020 5. The Compromise petition is placed on record. Accordingly, the following: ORDER i) The appeal is disposed of in terms of the compromise. ii) The office is directed to draw decree in terms of the compromise petition. iii) The Office is directed to refund the Court fee to the appellant/plaintiff as per the Section 66 of the Karnataka Court Fees and Suits Valuation Act, 1958. Sd/- (ASHOK S. KINAGI) JUDGE Sd/- (UMESH M ADIGA) JUDGE VB/-List No.: 1 Sl No.: 26