- 1 - NC: 2025:KHC-D:1547-DB RFA No. 100064 of 2018 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 27TH DAY OF JANUARY, 2025 PRESENT THE HON'BLE MR. JUSTICE ASHOK S. KINAGI AND THE HON'BLE MR. JUSTICE UMESH M ADIGA REGULAR FIRST APPEAL NO. 100064 OF 2018 (SP) BETWEEN: 1. SHRI. ISHWAR S/O. YALLOJIRAO MELGE AGE: 59 YEARS, OCC: AGRICULTURE, 2. SHRI. VINAYAK S/O. ISHWAR MELGE AGE: 28 YEARS, OCC: AGRICULTURE, BOTH ARE R/O: 716/B2, ANGOL MAIN ROAD, ANGOL, BELAGAVI, DIST: BELAGAVI. …APPELLANTS (BY SRI. AFSHAN A. SHABASHKHAN AND SRI. DR. AMEERAHMED H., ADVOCATES) AND: 1. SHRI. PRAKASH YASHWANT POTE AGE: 58 YEARS, OCC: AGRICULTURE, 2. SMT. PRABHAVATI W/O. PRAKASH POTE AGE: 48 YEARS, OCC: HOUSEHOLD, Digitally signed by BHARATHI H M Location: HIGH COURT OF KARNATAKA Date: 2025.01.31 12:26:09 +0530 - 2 - NC: 2025:KHC-D:1547-DB RFA No. 100064 of 2018 3. SHRI. JAGANNATH S/O. PRAKASH POTE AGE: 27 YEARS, OCC: AGRICULTURIST, 4. SHRI. MALLESHI S/O. PRAKASH POTE AGE: 25 YEARS, OCC: AGRICULTURIST, ALL ARE R/O: H.NO.96, NATH PAI, NAGAR, ANGOL, BELAGAVI, DIST: BELAGAVI-590006. 5. SHRI. ARUN MARUTI CHOUGLE AGE: 63 YEARS, OCC: AGRICULTURIST, R/O: 67 “YASHODA” SHIVAJI COLONY, TILAKWADI, BELAGAVI 590006. …RESPONDENTS (BY SRI. VITHAL S. TELI, ADVOCATE FOR R1 TO R4; SRI. SHREEVATSA HEGDE, ADVOCATE FOR R5) THIS RFA IS FILED UNDER SEC. 96 READ WITH ORDER 41 RULE 1 OF CPC, 1908, AGAINST THE JUDGMENT AND DECREE DATED:30.11.2017 PASSED IN O.S.NO.47/2013 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND CHIEF JUDICIAL MAGISTRATE, BELAGAVI, DISMISSING 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 ASHOK S. KINAGI AND THE HON'BLE MR. JUSTICE UMESH M ADIGA - 3 - NC: 2025:KHC-D:1547-DB RFA No. 100064 of 2018 ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE ASHOK S. KINAGI) Appellants, respondents No.1, 3 and 4 are present before the Court and they are identified by their respective counsel. They have filed a compromise petition, which reads as under: 1. That the appellants/plaintiffs herein filed OS No 47/2013 for specific performance of agreement before the Prl Senior Civil Judge and CJM-Belagavi and same came to be dismissed by judgment and decree dated 30/11/2017 in OS No 47/2013 Prl Senior Civil Judge and CJM-Belagavi. 2. That the appellants/plaintiffs being aggrieved by the judgment and decree dated 30/11/2017 in OS No 47/2013 Prl Senior Civil Judge and CJM-Belagaví preferred above appeal. 3. That the respondent No 2/defendant No 2 now has been paralyzed as such unable move and is bedridden as such respondent No 1 being husband and respondent No 3 and 4 are sons undertake to compromise the matter on behalf of the respondent No 2. 4. The appellants and respondents have decided to settle the dispute amicably compromised/settled dispute with each other as under - 4 - NC: 2025:KHC-D:1547-DB RFA No. 100064 of 2018 a. That the appellants/plaintiffs have agreed to receive the Rs.15,00,0000/- towards full and final settlement and appellants/plaintiffs submit that they have no any other further claim as against the defendants/respondents. b. That the respondents/defendants have agreed and undertake to pay sum of Rs 15,00,000/- to the plaintiffs/appellants towards full and final settlement within three months from today i.e. on or before 27/04/2025, the respondents/defendants failing to deposit said amount within three months from today i.e. on or before 27/04/2025, the appellants/plaintiff are entitled for interest at 6% from the date of default. 5. That the appellants/plaintiffs and respondents/defendants that they have entered into compromise voluntarily and out of their free will as per advice of the elders. 6. That the appellants and respondents that the compromised is arrived without any force, coercion, misrepresentation and out free consent. Wherefore, for the above stated amongst other reasons that the judgment and decree dated 30/11/2017 in OS No 47/2013 Prl Senior Civil Judge and CJM- Belagavi may kindly be modified în above terms, in the interest of justice and equity. 2. The contents of the compromise petition were read over and explained to the parties in Hindi language - 5 - NC: 2025:KHC-D:1547-DB RFA No. 100064 of 2018 known to them. They have admitted the contents of the compromise petition and prayed to accept the compromise petition. 3. Learned counsel for the respondents submits that respondent No.2 is suffering from paralysis and hence, she is unable to attend the Court, and she has orally authorized respondents No.1, 3 and 4 to enter into a compromise on her behalf. Accordingly, they have entered into compromise on behalf of respondent No.2. 4. 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 appellants/plaintiffs as per the Section 66 - 6 - NC: 2025:KHC-D:1547-DB RFA No. 100064 of 2018 of the Karnataka Court Fees and Suits Valuation Act, 1958. iv) In view of disposal of the appeal, I.A.No.1/2025 does not survive for consideration. Accordingly, I.A.No.1/2025 is disposed of. Sd/- (ASHOK S. KINAGI) JUDGE Sd/- (UMESH M ADIGA) JUDGE VB Ct-cmu LIST NO.: 1 SL NO.: 5