- 1 - HC-KAR NC: 2025:KHC:48588-DB RFA No. 2372 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF NOVEMBER, 2025 PRESENT THE HON'BLE MRS. JUSTICE ANU SIVARAMAN AND THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL REGULAR FIRST APPEAL NO. 2372 OF 2023 (RES) BETWEEN: SMT. RAJESWARI W/O SRI. C.K. RAMU AGED ABOUT 48 YEARS R/AT. ANEKAL TOWN BENGALURU URBAN DISTRICT-562 106 …APPELLANT (BY SRI. BHAT GANAPATHY NARAYAN (GANAPATHY BHAT), ADVOCATE) AND: SRI. NUGU NAGARAJU S/O SRI. NUGGU SUBRAMANYAM AGED ABOUT 59 YEARS R/AT. No.107/A Digitally signed by CHANNEGOWDA PREMA Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:48588-DB RFA No. 2372 of 2023 5TH MAIN 1ST BLOCK BSK 3RD STAGE BENGALURU-560 085 …RESPONDENT (BY SRI. RAMESH BABU R., ADVOCATE) THIS RFA IS FILED UNDER SEC.96 R/W ORDER 41 RULE 1 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 26.08.2023 PASSED IN OS No.588/2015 ON THE FILE OF PRINCIPAL SENIOR CIVIL JUDGE AND JMFC, ANEKAL, PARTLY DECREEING THE SUIT FOR SEEKING CANCELLATION OF THE REGISTERED SALE DEED. THIS APPEAL, COMING ON FOR REPORTING SETTLEMENT, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN and HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL - 3 - HC-KAR NC: 2025:KHC:48588-DB RFA No. 2372 of 2023 ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL) This appeal is filed challenging the judgment and decree dated 26.08.2023 in O.S No.588/2015 passed by the learned Principal Senior Civil Judge and JMFC., Anekal. 2. During the pendency of this appeal, the parties have resolved the dispute amicably and filed Memorandum of Compromise Petition under Order XXIII Rule 3 of the Code of Civil Procedure, 1908. 3. We have perused the terms of the compromise petition. We are satisfied that the terms of the compromise are as per law and not opposed to public policy. Appellant and the GPA Holder of the respondent are present before the Court and they are identified by their respective counsels. The appellant and GPA Holder of the respondent submits that they have understood the terms of the compromise and they have duly signed in the compromise petition. - 4 - HC-KAR NC: 2025:KHC:48588-DB RFA No. 2372 of 2023 4. The terms of the compromise petition reads as under: "That the Appellant and Respondent above named most respectfully submits as follows:- 1. The Appellant has filed this Regular First Appeal challenging the judgment and decree in O. S. NO.588/2015. Subsequent to filing of this Appeal the Appellant and Respondent have entered into compromise and settled the matter among themselves amicably at the intervention of the well-wishers and relatives of both the parties. 2. The Appellant and Respondent submit that the Appellant namely Smt. Rajeshwari was the owner of the land bearing Sy. No. 5/4 measuring 1-00 situated at Bommandahalli Village, Jigani Hobli, Anekal Taluk, Bengaluru District, Which is more fully described in the Schedule hereunder and hereinafter referred to as the SCHEDULE PROPERTY, for the sake of brevity. 3. Whereas, the Appellant sold the schedule property in favour of Respondent for valuable sale consideration, through the registered sale deed dated 17-07-2014, registered as document No.BSK-1-04921/2014-15, stored in CD No.BSKD278 in the office of the Sub- Registrar, Banashankari, Bengaluru. Accordingly the Respondent derived absolute right title and interest in and over the schedule property. 4. Whereas due to pendency of the sale consideration amount of Rs.45,00,000/- the Appellant filed Original suit in O.S. No.588/2015 against the Respondent before Senior Civil Judge at Anekal seeking cancellation of sale deed dated 17.07.2014. Wherein the Hon'ble Senior Civil judge has partly decreed the suit and directing the Respondent to pay the due sale consideration amount of - 5 - HC-KAR NC: 2025:KHC:48588-DB RFA No. 2372 of 2023 Rs.45,00,000/- (Rupees Forty Five Lakhs Only) to the Appellant and further Appellant is directed to deliver the vacant possession of the schedule property and original sale deed to the Respondent. 5. Whereas the Appellant has filed this appeal against the Respondent, challenging the said judgment and decree in O.S.No.588/2023 passed by the Senior Civil Judge, Anekal before this Hon'ble High Court of Karnataka. 6. Subsequent to filing of this Appeal at the intervention of the well-wishers of both the parties, the Appellant and Respondent arrived for settlement and have entered into compromise and settled the matter among themselves amicably. 7. The Appellant and Respondent submit as per the terms of the compromise, The Respondent is agreed to pay a sum of Rs.90,00,000/- (Rupees Ninety Lakhs Only) towards full and final settlement (which includes Rs.45,00,000/- (Rupees Forty Five Lakhs only) of decreed amount in OS No.588/2015 passed by the Senior Civil Judge Anekal). The respondent has paid settlement amount of Rs.90,00,000/- (Rupees Ninety Lakhs Only) to the Appellant as follows:- a) Rs.4,50,000/- (Rupees Four Lakhs Fifty Thousand Only) by way of RTGS on 26.05.2025, in favour of Appellant. b) Rs.5,00,000/- (Rupees Five Lakhs Only) by way of RTGS on 26.05.2025, in favour of Appellant. c) Rs.5,00,000/- (Rupees Five Lakhs Only) by way of RTGS on 19.07.2025, in favour of Appellant. d) Rs.10,00,000/- (Rupees Ten Lakhs Only) by way of RTGS on 19.07.2025, in favour of Appellant. - 6 - HC-KAR NC: 2025:KHC:48588-DB RFA No. 2372 of 2023 e) Rs.5,00,000/- (Rupees Five Lakhs Only) by way of RTGS on 22.08.2025, in favour of Appellant. e) Rs.5,00,000/- (Rupees Five Lakhs Only) by way of RTGS on 22.08.2025, in favour of Appellant. e) Rs.50,000/- (Rupees Fifty Thousand Only) by way of Cash to Appellant. f) Rs.10,00,000/- (Rupees Ten Lakhs Only) by way of cheque bearing No. 000211 Drawn on 15.09.2025 drawn on ICICI Bank, HSR Layout Branch, Bengaluru, issued in favour of Appellant. g) Rs.10,00,000/- (Rupees Ten Lakhs Only) by way of cheque bearing No.000212 Drawn on 10.10.2025 drawn on ICICI Bank, HSR Layout Branch, Bengaluru, issued in favour of Appellant. h) Rs.10,00,000/- (Rupees Ten Lakhs Only) by way of cheque bearing No. 000213 Drawn on 10.11.2025 drawn on ICICI Bank, HSR Layout Branch, Bengaluru, issued in favour of Appellant. i) Rs.10,00,000/- (Rupees Ten Lakhs Only) by way of cheque bearing No. 000214 Drawn on 11.12.2025 drawn on ICICI Bank. HSR Layout Branch, Bengaluru, issued in favour of Appellant. j) Rs.10,00,000/- (Rupees Ten Lakhs Only) by way of cheque bearing No.000215 Drawn on 12.01.2026 drawn on ICICI Bank, HSR Layout Branch, Bengaluru, issued in favour of Appellant. k) Rs.5,00,000/- (Rupees Five Lakhs Only) by way of cheque bearing No. 000216 Drawn on 30.02.2026 drawn on ICICI Bank, HSR Layout Branch, Bengaluru, issued in favour of Appellant. - 7 - HC-KAR NC: 2025:KHC:48588-DB RFA No. 2372 of 2023 8. Whereas the Appellant declared and confirmed that the Respondent is the absolute owner of the schedule property and on this day delivered the physical possession of the property to the Respondent and the Appellant undertakes to not disturb the physical possession of the Respondent over the schedule property. 9. The Appellant confirm and declare that the Respondent is the absolute owner in peaceful possession and enjoyment of the SCHEDULE PROPERTY and the Appellant relinquishes all her rights over the schedule property and there are no any further claims against the Respondent. 10. The Appellant and Respondent have satisfied with terms and conditions of this Compromise petition and the Appellant and Respondent are agreed for the terms and conditions of this compromise petition with their own will and wish without any compulsion and force. 11. The parties shall bear their cost. WHEREFORE, the Appellant and Respondent above named begs to pray that this Hon'ble court be pleased and pass a Judgment and Decree, in most respectfully begs to allow this applicant terms of this compromise petition and draw the final Decree in terms of this compromise petition, in the interest of justice and equity." 5. The appeal is disposed of in terms of the compromise petition. The Registry shall draw up decree in terms of the compromise. - 8 - HC-KAR NC: 2025:KHC:48588-DB RFA No. 2372 of 2023 6. Registry is directed to refund the eligible Court fee to the appellant on proper identification. Sd/- (ANU SIVARAMAN) JUDGE Sd/- (VIJAYKUMAR A. PATIL) JUDGE RAK List No.: 1 Sl No.: 60