- 1 - HC-KAR NC: 2025:KHC:45923-DB RFA No. 810 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF NOVEMBER, 2025 PRESENT THE HON'BLE MRS. JUSTICE ANU SIVARAMAN AND THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL REGULAR FIRST APPEAL NO.810 OF 2022 (SP) BETWEEN: SRI.CHANNABASAVAIAH S/O CHANNABASAVAIAH, AGED ABOUT 68 YEARS, R/AT SHETHALLI GRAMA KIRUGAVALLU HOBLI, MALAVALLI TALUK MANDYA DISTRICT 571 430. …APPELLANT (BY SRI. SUYOG HERELE E., ADVOCATE) AND: SRI. T. SUNIL KUMAR DUTT S/O LATE THAMMAIAH AGED ABOUT 50 YEARS, R/AT NO.2547, Digitally signed by CHANNEGOWDA PREMA Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:45923-DB RFA No. 810 of 2022 1ST FLOOR, 28th CROSS, 18th MAIN BANASHANKARI II STAGE, BENGALURU 560 070. …RESPONDENT (BY SRI. S. SHAKER SHETTY, ADVOCATE FOR C/R) THIS RFA IS FILED UNDER SEC.96 R/W ORDER XLI RULE 1 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 24.11.2021 PASSED IN OS.NO.1654/2015 ON THE FILE OF THE LEARNED VII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU, DECREEING THE SUIT FOR SPECIFIC PERFORMANCE. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN and HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL - 3 - HC-KAR NC: 2025:KHC:45923-DB RFA No. 810 of 2022 ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL) This appeal is filed seeking the following releifs: i) Call for entire records pertaining to the Suit in O.S. No.1654/2015 on the file of Learned VII Additional City Civil and Sessions Judge at Bengaluru. ii) Set-aside the impugned Judgment and Decree dated 24.11.2021 in O.S. No.1654/2015 on the file of Learned VII Additional City Civil and Sessions Judge at Bengaluru and consequently dismiss the suit against the Appellant herein. iii) Grant cost of the Appeal. iv) Grant such other and further reliefs as this Hon'ble Court deems fir considering the facts and circumstances of the case to meet the ends of justice. 2. During the pendency of this appeal, a joint memo is filed which reads as under:- It is submitted that the parties have amicably settled the matter in dispute as out of Court settlement; accordingly, this Hon'ble court may be pleased to direct the executing court viz., VII Addl. City Civil Judge at Bengaluru(CCH-19) to release the balance sale consideration of Rs.8,00,000/- (Rupees Eight Lakh Only) - 4 - HC-KAR NC: 2025:KHC:45923-DB RFA No. 810 of 2022 deposited in Ex.No.926/2022 by the Respondent/Decree Holder in favour of Appellant/Judgment Debtor. In terms of the Joint Memo, it is prayed that this Hon'ble court may be pleased to dismiss the appeal as settled out of Court and the entire court fee may be released in favour of appellant herein. 3. In view of the aforesaid joint memo, the appeal is dismissed as settled out of the Court. Registry shall refund the eligible court fee to the appellant by following procedure. Accordingly, the appeal is dismissed as withdrawn. Sd/- (ANU SIVARAMAN) JUDGE Sd/- (VIJAYKUMAR A. PATIL) JUDGE RAK List No.: 1 Sl No.: 35