- 1 - HC-KAR NC: 2025:KHC-D:12332 RFA No. 100179 of 2023 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 16TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE ASHOK S. KINAGI REGULAR FIRST APPEAL NO. 100179 OF 2023 (SP-) BETWEEN: KAREPPA S/O LAXMAN PIRAGI AGED 32 YEARS, OCC. AGRICULTURE, R/O. KANKANWADI, TQ. RAIBAG, DIST. BELAGAVI-591222. …APPELLANT (BY SRI. RAJASHEKHAR BURJI, ADV) AND: RAMAPPA S/O AMOGI PUJERI @ LAXMI PUJERI AGED 32 YEARS, OCC. AGRICULTURE, R/O. KANKANWADI, TQ. RAIBAG, DIST. BELAGAVI-591222. …RESPONDENT (BY SRI. BAHUBALI N. KANABARAGI, ADV FOR C/R) THIS RFA IS FILED UNDER ORDER 43 RULE 1 R/W SECTION 96 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 08.12.2021 PASSED IN O.S.NO.51/2019 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JUDICIAL MAGISTRATE FIRST CLASS RAIBAG, PARTLY DECREEING THE SUIT FILED FOR SPECIFIC PERFORMANCE OF CONTRACT. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE ORDER WAS MADE THEREIN AS UNDER: MOHANKUMAR B SHELAR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-D:12332 RFA No. 100179 of 2023 ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE ASHOK S. KINAGI) Learned counsel for the parties filed a compromise petition stating that the parties have settled the dispute in Execution Petition No.22/2022 by filing a compromise petition therein, and produced a copy of the order passed by the Executing Court. The compromise petition reads as follows: 1. That the Plaintiff/Respondent had filed O.S.No.51/2019 against the Defendant/Appellant for the relief of specific performance of contract of Agreement of sale dated 24.05.2016. 2. That the Court below vide Judgment and Decree dated 08.12.2021 partly decreed the suit with costs and directed the Appellant/Defendant to refund the earnest money of Rs.11,32,300/- to the Plaintiff, along with interest at 12% p.a. from the date of agreement i.e.24.05.2016 till realization of entire amount. The Appellant/Defendant has preferred this Appeal being aggrieved by the Judgment and Decree dated 08.12.2021. 3. That during the pendency of the above Appeal, the parties have settled the dispute by filing a Compromise Petition dated 06.03.2025 and 08.04.2025 in Ε.Ρ.Νο.22/2022 on the file of Senior Civil Judge, Raibag. The Court below has accepted the Compromise Petitions and closed the E.P.No.22/2022 vide order dated 08.04.2025. Copy of the Order sheet and Compromise Petition dated 08.04.2025 are produced for kind reference of this Hon'ble Court and the said documents may be taken on record. 4. That in view of the Compromise Petition dated 06.03.2025 and 08.04.2025 filed in E.P.No.22/2022 and order dated 08.04.2025 passed by the Senior Civil Judge, - 3 - HC-KAR NC: 2025:KHC-D:12332 RFA No. 100179 of 2023 Raibag, the Appellant and Respondent have instructed and authorized to submit this Petition. Wherefore the Appellant and Respondent pray this Hon'ble Court to accept this Petition and draw the Decree accordingly in the interest of justice and equity. 2. The compromise petition is accepted and placed on record. 3. Accordingly, the appeal is disposed of, in terms of the compromise petition. 4. The 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. 5. The office is directed to draw the decree in terms of the compromise petition. Sd/- (ASHOK S. KINAGI) JUDGE kmv CT: BSB