- 1 - NC: 2025:KHC-D:808-DB RFA No. 100109 of 2019 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 17TH 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. 100109 OF 2019 (SP) BETWEEN: 1. NAGAPPA S/O SHEELAVANTHAPPA INDI (SINCE DECEASED BY HIS LR’S) 1a. SHANTA N. INDI W/O NAGAPPA INDI AGE: MAJOR, R/O: #301/A, INDI ONI, VANI PETHA, GAJENDRAGAD, 1b. KIRAN N. INDI W/O NAGAPPA INDI AGE: MAJOR, R/O: #301/A, INDI ONI, VANI PETHA, GAJENDRAGAD, 1c. VATSAL SUNIL KATTI AGE: MAJOR, R/O: C/O: VIJAYAKUMAR KATTI 2ND CROSS, NEAR MEENAKSHI TEMPLE, NOBO NAGAR, VTC BENGALURU SOUTH, BANNERGHATTA ROAD, BENGALURU-560076. 1d. SHRUTHI S. KOTHA W/O SATHYANARAYAN KOTHA AGE: MAJOR, R/O: #56, OPP. MEDIPLUS, 1ST FLOOR, NEAR GANDHINAGAR POST OFFICE, SBI COLONY, GANDHINAGAR, KAVADIGUDA, SECUNDERABAD-580080. …APPELLANTS (BY SRI. J S SHETTY ASSOCIATES, ADV FOR APPELLANTS) Digitally signed by MOHANKUMAR B SHELAR Location: High Court of Karnataka, Dharwad Bench - 2 - NC: 2025:KHC-D:808-DB RFA No. 100109 of 2019 AND: 1. RAMACHANDRA S/O SOMAPPA POOJAR AGE: 54 YEARS, OCC: AGRICULTURE, R/O: GAJENDRAGAD, TALUK: RON, DISTRICT: GADAG. 2. REKHA W/O ASHOK INDI AGE: 56 YEARS, OCC: AGRICULTURE, R/O: BHOOSPET, DESAI ONI, HUBBALLI, DISTRICT:DHARWAD. 3. ULLAS S/O ASHOK INDI AGE: 30 YEARS, OCC: AGRICULTURE, R/O: BHOOSPET, DESAI ONI, HUBBALLI, DISTRICT:DHARWAD. 4. ISHWARAYA D/O ASHOK INDI AGE: 26 YEARS, OCC: AGRICULTURE, R/O: BHOOSPET, DESAI ONI, HUBBALLI, DISTRICT:DHARWAD. …RESPONDENTS (BY SRI. ANOOP G DESHPANDE, ADV FOR C/R1, SRI. S.K. KAYAKAMATH, ADV FOR R2 TO R4) RFA FILED UNDER SEC.96 OF CPC., AGAINST THE JUDGMENT AND DECREE DTD:31.01.2019 PASSED IN O.S.NO.01/2012 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JUDICIAL MAGISTRATE FIRST CLASS, RON, DECREEING 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:808-DB RFA No. 100109 of 2019 ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE ASHOK S. KINAGI) The legal representatives of the appellant and respondent Nos.1 to 3 along with their respective counsel are present before this court. They are identified by their respective counsel. 2. The learned counsel for the respondents filed a memo along with the Power of Attorney executed by Respondent No.4 in favour of respondent No.2. The memo and the Power of Attorney is taken on record. 3. The appellants and the respondents have amicably settled their dispute and filed the compromise petition under Order 23 Rule 3 of CPC, which reads as under. I. This appeal filed by the Appellants challenging the judgment and decree dated 31-1-2019, passed by the senior civil judge and JMFC Ron in O.S. No.1/2012 in respect of Western portion of the Survey No. 264 to the extent of 10 Acres which was totally measuring 24 Acre-28 Guntas (Phot Kharab 00-08 Guntas) = 24 Acre 20 Guntas situated at Unachageri Village, of Ron Taluk District Gadag. - 4 - NC: 2025:KHC-D:808-DB RFA No. 100109 of 2019 II. That, in view of the order passed in the in the execution petition No.56/2014 pending on the file of Senior Civil Judge Ron, the sale deed has been executed by the court commissioner to the extent of 10 Acre 03 Guntas and the suit property has been now identified as Survey No. 264/1 measuring 10 Acre-03 Guntas (Phot Kharab 00-03 Guntas) = 10 Acre 00. III. That, at the intervention of the elders and well- wishers, the parties to the appeal have decided to compromise the matter on the fallowing terms and conditions. TERMS AND CONDITIONS OF THE COMPROMISE 1. Both the parties have agreed that, the first respondent/original plaintiff is entitled for the decree for specific performance of the agreement to the extent of 06 Acres 07 Guntas, along with the land measuring 03 Guntas Kharab which is already demarcated in the RTC bearing Survey No.264/1and further, the original plaintiff has agreed to pay a sum of Rs.20,00,000/-(Rupees Twenty Lakh) only per acre, as against the sum of Rs.7,90,000/-(Rupees Seven lakh Ninety Thousand) per acre mentioned in the agreement, in respect of the said 06 Acres 07 Guntas and the total consideration amount payable by him comes to Rs.1,23,50,000/-. (One Crore Twenty-Three Lacs Fifty Thousand) only. Since the respondent No.1 has agreed to provide space for forming road on the Northern side of the suit property to the extent of 30 feet, as such the Appellants and the Respondents No. 2 to 4have agreed to forgo an amount of Rs.1,75,000/- as such the First Respondent has agreed to pay the amount of Rs.1,21,75,000/- (Rupees One Crore Twenty- one Lakhs Seventy-Five Thousand) only. 2. That, the first respondent has already paid an amount of Rs.10,00,000/- (Rupees Ten Lakh) only at the time of the agreement and further deposited the sum of Rs.69,00,000/- (Rupees Sixty-Nine Lakh) onlyin the Execution Petition No.56/2014, as - 5 - NC: 2025:KHC-D:808-DB RFA No. 100109 of 2019 such the first respondent further agreed to deposit a sum of Rs.42,75,000/- (Rupees Forty-Two lacs Seventy-Five Thousand) only, on or before 28-2- 2025, in the said Execution Petition No.56/2014. On such deposit of the amount, both the parties have agreed that sale deed dated 13-8-2015, registered before the Senior Sub- Registrar, Gajendragada, as Document No.GJD-1-01175-2015-16 in CD No.GJDD28 dated 14-8-2015, is valid only to the extent of 06 Acres 07 Guntas more fully shown by letters "abcd", in the hand sketch annexed to this compromise petition. 3. It is further agreed that, the first respondent has agreed to execute the reconveyance deed in favour of the Appellants No.1(a) to 1(d) and the Respondents No.2 to 4 within 15 days from the date of preparation of 11E sketch in respect of the land bearing Survey No.264/1 more fully shown by letters "cdef", in the hand sketch annexed to this compromise petition and the first respondent No.1, has not retained any right or interest in so for as the said 3 Acres 33 Guntas of land so requires to be reconveyed. 4. That, the Appellants No.1(a) to 1(d) on one hand and the Respondents No.2 to 4 on the other hand have agreed to bear the expenses towards the stamp duty, registration and other incidental charges including the preparation of 11E sketch, for the registration of the reconveyance deed in equal proportion. 5. That, the first Respondent shall get demarcated the R.S No.264/1 to the extent of 06 Acre 07 Guntas and at the same time, the 11E sketch shall be prepared and the Appellants and Respondent 2 to 4 shall sign all necessary papers for the preparation of the 11E Sketch and within 15 days from the date of the preparation of the 11E sketch the First Respondent shall execute the Reconveyance in favour of the Appellants No.1(a) to 1(d) and the Respondents No.2 to 4 to the extent of 3 Acre 33 Guntas in Respect of survey No. 264/1. - 6 - NC: 2025:KHC-D:808-DB RFA No. 100109 of 2019 6. The first Respondent has also agreed to co-operate and not to object for change of the revenue entries in pursuance of the said reconveyance deed. 7. It is further agreed by the Appellants and the Respondents No.2 to 4 that reconveyance made by the first respondent, is subject to allotment of shares in FDP No.4/2013 amongst the other family members of the Appellants No.1(a) to 1(d) and the Respondents No.2 to 4. 8. It is further agreed between the parties that, the Appellants No.1 (a) to 1(d)together are entitled to withdraw a sum of Rs.34,50,000/-(Rupees Thirty- Four Lakhs Fifty Thousand) and similarly the respondent No. 2 to 4 together are entitled to withdraw a sum Rs.34,50,000/- (Rupees Thirty- Four Lakhs Fifty Thousand) out of Rs.69,00,000/- (Rupees Sixty-Nine Lakhs) deposited by the First Respondent in CCD. No.150/2014-15 dated 30-9- 2014 along with accrued interest if any. The first respondent is not having any objections for such release of the amount, in favour of the Appellants No.1(a) to 1(d) and the respondent No.2 to 4. 9. It is further agreed between the parties that on deposit of a sum of Rs.42,75,000/- (Rupees Forty- Two lacs Seventy-Five Thousand) required be deposited by the first respondent/original plaintiff, as mentioned in para No. 2 above, the Appellants No.1 (a) to 1(d) are entitled to receive the amount of Rs.21,37,500/- (Rupees Twenty One Lakh Thirty Seven Thousand Five Hundred) and the Respondents No.2 to 4 are entitled to receive an amount of Rs.21,37,500/- (Rupees Twenty One Lakh Thirty Seven Thousand Five Hundred) only. The first respondent is not having any objections for such release of the amount, in favour of the Appellants No.1(a) to 1(d) and the Respondent No.2 to 4. 10. The Appellant No. 1(a) to 1(d) and the Respondents No.2 to 4 have agreed to hand over the possession of the land to the extent of 06 Acre 07 Guntas in favour of the First Respondent today itself. - 7 - NC: 2025:KHC-D:808-DB RFA No. 100109 of 2019 11. In the event, the first respondent has failed to pay the further amount of Rs.42,75,000/- (Rupees Forty-Two lacs Seventy-Five Thousand) and further fails to execute the reconveyance deed in favour of the Appellants and the Respondents No. 2 to 4 as stated supra the Appellants and the Respondents No. 2 to 4 have got the liberty to file the execution petition in terms of this compromise petition for recovery of the balance sale consideration as well as for reconveyance deed to the extent of 03 Acre 33 Guntas at the cost of the First Respondent. It has been further agreed by the First Respondent that in such eventuality, there shall be charge over the land to the extent of 06 Acre 07 Guntas till the recovery of amount and till execution of the reconveyance deed. 12. The parties have agreed to bear their own costs. 13. That the present Compromise Petition has been entered by the Appellants and Respondents with their free will and consent without there being any undue influence or coercion. Therefore, it is humbly prayed that the comprise decree be drawn in terms of the terms mentioned above in the interest of justice and equity.” 4. The contents of the compromise petition was read over and explained to the parties in the Kannada language, and they have accepted the terms and conditions of the compromise petition. 5. The compromise petition is placed on record. 6. Accordingly, the appeal is disposed off, in terms of the compromise petition. - 8 - NC: 2025:KHC-D:808-DB RFA No. 100109 of 2019 7. Office is directed to draw the decree, in terms of the compromise petition. 8. Office is directed to refund the entire court fee, in favour of the appellants, in terms of the judgment of the Hon’ble Apex Court in the case of The High Court of Judicature at Madras Rep. by its Registrar General vs M.C.Subramaniam & Others reported in AIR 2021 SC 2662. Sd/- (ASHOK S. KINAGI) JUDGE Sd/- (UMESH M ADIGA) JUDGE MBS CT: BSB List No.: 1 Sl No.: 8