- 1 - NC: 2025:KHC-D:4041-DB RFA No. 100418 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. 100418 OF 2022 (SP) BETWEEN: FATECHAND S/O SAGARMALJI SOLANKI, AGE. 68 YEARS, OCC. BUSINESS, R/O.NAYANASAGAR, CHAVHAN CHALA, VIJAYA ROAD, DHARWAD-580 001. …APPELLANT (BY SRI. K.L. PATIL, ADVOCATE) AND: SMT. SHAMSHADBEGAUM, W/O MEHABOOBSAAB KALAKERI, AGE.59 YEARS, OCC.BUSINESS/HOUSE WIFE, R/O: M.S.M.BUILDING, MUTTOT FINANCE BUILDING (UPPER), GANDHI NAGAR, GANESH HOTEL, DHARWAD-580 004. …RESPONDENT (BY SRI. H.R. BENTUR, ADVOCATE) THIS RFA IS FILED UNDER SEC. 96 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 21.03.2022 PASSED IN O.S.NO.254/2019 ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE AND JUDICIAL MAGISTRATE FIRST CLASS, DHARWAD, PARTLY DECREEING THE SUIT FILED FOR SPECIFIC PERFORMANCE OF CONTRACT. MALLIKARJUN RUDRAYYA KALMATH Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: HIGH COURT OF KARNATAKA Date: 2025.03.22 11:41:50 +0530 - 2 - NC: 2025:KHC-D:4041-DB RFA No. 100418 of 2022 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 appellant and Power of Attorney Holder of respondent are present before the Court and they are identified by their respective counsels. 2. The parties to the appeal have filed a compromise petition, which reads as under : " 1. It is submitted that the Appellant had filed O.S. No. 254/2019 on the file of 2nd Addl. Senior Civil Judge and JMFC, Dharwad seeking relief specific performance of registered agreement of sale dated 05/09/2017. The Trial Court after hearing the matter was pleased to pass the Judgment and Decree dated: 21/03/2022, thereby refused to grant relief of Specific Performance and decreed the suit for refund of earnest money of Rs.50,00,000/- along with interest @ 9% p.a. from the date of execution - 3 - NC: 2025:KHC-D:4041-DB RFA No. 100418 of 2022 of agreement of sale till the date of decree and 6% from the date of decree to till realization. 2. It is submitted that being aggrieved by the said Judgment and decree dated 21/03/2022 in O.S. No. 254/2019 the appellant had preferred the present appeal. 3. It is submitted that during the pendency of the appeal the Appellant and Respondent got their dispute amicably settled with the intervention of elders, well-wishers and friends as per the terms incorporated below. 4. The Respondent has agreed to pay an amount of Rs.80,00,000/- (Rupees Eighty Lakhs) only toward full and final settlement. Further the Respondent has agreed to pay the said amount on or before 30/06/2025. 5. If the Respondent fails to pay the said amount on or before 30/06/2025, the Appellant is at liberty to get sale deed executed in terms of the agreement of sale dated 05/09/2017. 6. The parties to this compromise have understood the terms of compromise and they have put their signature out of free will and consent and the parties hereby undertake to abide by the terms of the compromise. - 4 - NC: 2025:KHC-D:4041-DB RFA No. 100418 of 2022 7. It is submitted that in view of the compromise the Hon'ble Court may be pleased direct the Registry of this Hon'ble Court to refund the entire court fee paid by the Appellant herein. Wherefore, under these circumstances the Hon'ble Court may kindly be ordered to be draw a Decree in terms of compromise, in the interest of justice and equity." 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 - 5 - NC: 2025:KHC-D:4041-DB RFA No. 100418 of 2022 the appellant 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.: 4