- 1 - HC-KAR NC: 2025:KHC-D:11609 RSA No. 100021 of 2017 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 9TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE G BASAVARAJA REGULAR SECOND APPEAL NO. 100021 OF 2017 (SP) BETWEEN: SHRI. AJIT S/O. JAMBURAO PATIL, AGE: 79 YEARS, OCC: AGRICULTURE, R/O: MAJAGAON-BELAGAVI, TALUK AND DIST: BELAGAVI. …APPELLANT (BY SRI. AJAY U. PATIL, ADVOCATE) AND: 1. SHRI. SHEETAL SHANTARAM VESANE, AGE: 49 YEARS, OCC: AGRICULTURE, R/O: HINDWADI, BELAGAVI-590001. 2. SHRI. RAJAN MARUTIRAO POTE, AGE: 52 YEARS, OCC: SERVICE AND AGRICULTURE, R/O: MAHAGAON, TALUK: GADHINGLAJ, DIST: KOLHAPUR, MAHARASHTRA STATE, REPRESENTED BY HIS POWER OF ATTORNEY HOLDER RESPONDENT NO.1. …RESPONDENTS (BY SRI. VITTHAL S. TELI, ADVOCATE FOR C/R1) THIS RSA IS FILED U/SEC.100 OF CPC, PRAYING TO SET ASIDE THE JUDGMENT AND DECREE DATED:29.09.2016 PASSED IN R.A.NO.116/2011 ON THE FILE OF THE I ADDITIONAL DISTRICT JUDGE AND BELAGAVI, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED:05.03.2011, PASSED IN O.S. NO.299/2002 ON THE FILE OF THE I Digitally signed by CHANABASAPPA K KALLUR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.09.11 16:12:20 +0530 - 2 - HC-KAR NC: 2025:KHC-D:11609 RSA No. 100021 of 2017 ADDITIONAL SENIOR CIVIL JUDGE, BELAGAVI DECREEING THE SUIT FOR SPECIFIC PERFORMANCE OF CONTRACT. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE G BASAVARAJA) 1. The appellant and respondent No.1, along with their advocates, are present before this Court. 2. Respondent No.1 is the power of attorney holder of respondent No.2. A Memorandum of Agreement under Section 89 of the Code of Civil Procedure, 1908, read with Rules 24 and 25 of the Karnataka Civil Procedure (Mediation) Rules, 2007, has been filed. The contents of the Memorandum of Agreement have been read over and explained to the parties. The parties have agreed to the terms of the agreement arrived at before the Mediator. The same being lawful, is accepted. Accordingly, the RSA is disposed of in terms of the Memorandum of Agreement. Draw a decree accordingly. - 3 - HC-KAR NC: 2025:KHC-D:11609 RSA No. 100021 of 2017 3. Sri Dharshan A. Patil, son of Ajit S/o Jamburao Patil, who is the appellant herein, is also present before this Court and has affixed his signature before the Mediator. He has now agreed to the terms of the agreement. 4. The Registry is directed to refund the court fee paid by the appellant. Sd/- (G BASAVARAJA) JUDGE AC CT-CMU LIST NO.: 1 SL NO.: 34