- 1 - NC: 2025:KHC-D:2693-DB RFA No. 100128 of 2018 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 11TH 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. 100128 OF 2018 (SP) BETWEEN: 1. SMT. SHARADABAI W/O. SURESHAPPA KARIGOUDRU BY HER LR’S 2 SRI. UDAYAKUMAR S. KARIGOUDRU, S/O. SURESHAPPA KARIGPUDAR, AGED ABOUT 51 YEARS, OCC:AGRICULTURE AND SECURITY, R/O: DAMBALA, TQ:MUNDARGI, DIST:GADAG. 3. SRI. ASHOK S. KARIGOUDRU S/O. SURESHAPPA KARIGOUDRU, AGED ABOUT 49 YEARS, OCC:AGRICULTURE AND BUSINESS, R/O: DAMBALA, TQ:MUNDARGI, DIST:GADAG. 4. SRI. RAJU S. KARIGOUDRU S/O. SURESHAPPA KARIGOUDRU, AGED ABOUT 47 YEARS, OCC:AGRICULTURE AND BUSINESS, R/O: DAMBALA, TQ:MUNDARGI, DIST:GADAG. …APPELLANTS (BY SRI. SADIQ N. GOODWALA, ADVOCATE) Digitally signed by V N BADIGER Location: HIGH COURT OF KARNATAKA Date: 2025.02.17 15:42:18 +0530 - 2 - NC: 2025:KHC-D:2693-DB RFA No. 100128 of 2018 AND: 1. BASAPPA @ BASAVARAJ S/O. MALLAPPA MUDIYAJJANAVA, AGED ABOUT 55 YEARS, OCC: AGRICULTURE, R/O: HALUVAGALU, TQ:HARAPANAHALLI, DIST:DAVANAGERE. 2. BHARATI W/O. ASHOK ELIGAR AGE: 50 YEARS, OCC: HOUSEWIFE R/O: POLICE HEAD QUARTERS, DHARWAD, DIST: DHARWAD. …RESPONDENT (BY SRI. B.K. MALLIGAWAD, ADVOCATE FOR R1; SRI. S.B. PATIL, ADVOCATE FOR R2) THIS RFA IS FILED UNDER SEC. 96 OF CPC., PRAYING TO SET ASIDE THE JUDGMENT AND DECREE DATED:20.02.2018 PASSED IN O.S.NO.64/2013 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE, GADAG, DECREEING THE SUIT FILED FOR SPECIFIC PERFORMANCE OF CONTRACT. 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 respondents are present. They are identified by their respective counsel. The parties have filed compromise petition, which reads as under: - 3 - NC: 2025:KHC-D:2693-DB RFA No. 100128 of 2018 This mutual consent compromise deed is executed on this 11 day February month 2025 at Dharwad between the aforesaid parties as under; Whereas, the respondent No. 1 herein had instituted a suit for specific performance with respect to the agricultural land bearing S.Y.NO.54//3 measuring 2 acres situated at Dumbala village, Mundargi Taluk in terms of the registered agreement for sale dated 18/11/2011 which came to be numbered as O.S.NO.604/2013. That respondent No. 1 has paid an amount of Rs.19 lakhs as earnest money to the present appellants in terms of the registered agreement for sale. Whereas the said suit in O.S.No.604/2013 came to be decreed on 20/02/2018 with a direction to the present appellants to execute a registered sale deed in favour of the present respondent No. 1. Challenging the said judgment and decree defendant/appellant have preferred the present appeal. Now upon the intervention of the elders and well wishers of both the parties, the appellant and the Respondents have agreed to enter into the compromise upon the following terms as under: 1. That the appellants here in agree to refund the earnest amount of Rs.19,00,000 (Rupees Ninteen Lakh Only) paid by the respondent No.1 under the agreement for sale dated 18/11/2011 with an interest @ 15% P.a. from the date of the agreement for sale that is 18/11/2011 till date. That the total due amount along with the interest as on today would come about Rs.56,74,500 (Rupees Fifty Six Lakh Seventy Four Thousand Five Hundred Only). 2. That the appellants shall pay the aforesaid amount to the respondent No.1 within a period of two months from today, that is on or before 11/04/2025 in the following manner. The appellant shall pay 50% of the aforesaid amount - 4 - NC: 2025:KHC-D:2693-DB RFA No. 100128 of 2018 on or before 11/03/2025 and remaining 50% shall be paid on or before 11/04/2025. Further the appellants also agree to refund the court fees of Rs.1,09,626/- paid by the respondent No. 1 before the trial court. 3. That in the event appellant fail to comply with the condition No.2 herein the respondent No.1 shall be at liberty to proceed with the appropriate legal proceedings to get the regular sale deed executed in terms of the judgment and decree dated 20/02/2018 passed in O.S.No.64/2013. 4. The parties hereby affirm and acknowledge that they have read the terms of the present compromise and that counsel representing the parties herein have read out the terms of the instant compromise to their parties. 5. That both the parties have mutually and voluntarily agreed to enter into the instant compromise with free will and well informed consent and without any coercion, undue influence or duress from either of the parties or their henchmen or agents. 6. The parties herein acknowledge and affirm that the instant compromise is bona fide and the same is in the best interests of the parties. The parties hereby agree to be bound by the terms of the instant compromise and that the terms of the instant compromise is binding on the their agents or henchmen or any 1 claiming through them. That the respondent No.2 has no objections to the terms of present compromise. 7. The parties agree to bear their own cost. 2. The contents of the compromise petition are read over and explained to them in Kannada language known to - 5 - NC: 2025:KHC-D:2693-DB RFA No. 100128 of 2018 them. They have accepted the terms, and conditions of the compromise petition and prays to dispose of the appeal, in terms of the compromise petition. 3. The compromise petition is taken on record. 4. The appeal is disposed of in terms of the compromise petition. 5. The Office is directed to draw a decree in terms of the compromise petition. 6. Office is directed to refund the Court fee as per Section 66 of the Karnataka Court Fees and Suits Valuation Act, 1958, in favour of the appellant. Sd/- (ASHOK S. KINAGI) JUDGE Sd/- (UMESH M ADIGA) JUDGE AG LIST NO.: 1 SL NO.: 2