- 1 - HC-KAR NC: 2025:KHC:39032 RSA No. 1208 of 2013 C/W RSA No. 1207 of 2013 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE REGULAR SECOND APPEAL NO. 1208 OF 2013 (SP) C/W REGULAR SECOND APPEAL NO. 1207 OF 2013 (SP) IN RSA No. 1208/2013 BETWEEN: SRI VENKATACHALAIAH S/O M VEERAPPA AGED ABOUT 52 YEARS R/AT KASAPURA VILLAGE MEDIGESH HOBLI MADHUGIRI TALUK TUMKUR DIST - 572 101. …APPELLANT (BY SRI. M.S. LOLITHA, ADVOCATE FOR SRI. HARISH H.V, ADVOCATE) AND: 1. SMT RANGAMMA W/O LATE M RANGAPPA AGED ABOUT 76 YEARS R/AT KASA0PURA VILLAGE MEDIGESH HOBLI MADHUGIRI TALUK TUMKUR DIST-572101 2. SRI. R. KRISHNAIAH Digitally signed by PRAMILA G V Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:39032 RSA No. 1208 of 2013 C/W RSA No. 1207 of 2013 S/O M. RANGAPPA AND RANGAMMA (ADOPTED SON) AGED ABOUT 65 YEARS R/O KASAPURA VILLAGE, MEDIGESHI HOBLI, MADHUGIRI TALUK, TUMKUR DISTRICT - 572 133. …RESPONDENTS (BY SRI. GURURAJ R, ADVOCATE FOR SRI. SAGAR V. SHASTRI, ADVOCATE FOR R2; VIDE ORDER DATED 25.09.2025, R2 IS LR OF DECEASED R1; R1 DEAD) THIS RSA IS FILED UNDER SEC.100 OF CPC., AGAINST THE JUDGEMENT & DECREE DTD 27.3.2013 PASSED IN R.A.NO.56/2006 ON THE FILE OF THE ADDL. SENIOR CIVIL JUDGE & JMFC., MADHUGIRI, ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGMENT AND DECREE DATED 28.2.2006 PASSED IN O.S.NO.157/1999 ON THE FILE OF THE PRL. CIVIL JUDGE (JR.DN) MADHUGIRI. IN RSA NO. 1207/2013 BETWEEN: SRI VENKATACHALAIAH S/O M VEERAPPA AGED ABOUT 52 YEARS R/AT KASAPURA VILLAGE MEDIGESH HOBLI MADHUGIRI TALUK TUMKUR DIST - 572 101. ...APPELLANT (BY SRI. HARISH H V.,ADVOCATE) AND: 1. SMT RANGAMMA W/O LATE M RANGAPPA - 3 - HC-KAR NC: 2025:KHC:39032 RSA No. 1208 of 2013 C/W RSA No. 1207 of 2013 AGED ABOUT 76 YEARS R/AT AKSAPURA VILLAGE MIDEGESHI HOBLI MADHUGIRI TALUK TUMKUR DISTRICT - 572 101. 2. SRI. R. KRISHNAIAH S/O M. RANGAPPA AND RANGAMMA (ADOPTED SON) AGED ABOUT 65 YEARS R/O KASAPURA VILLAGE, MEDIGESHI HOBLI, MADHUGIRI TALUK, TUMKUR DISTRICT - 572 133. ...RESPONDENTS (BY SRI. GURURAJ R, ADVOCATE FOR SRI. SAGAR V. SHASTRI, ADVOCATE FOR R2; VIDE ORDER DATED 25.09.2025, R2 IS LR OF DECEASED R1; R1 DEAD) THIS RSA IS FILED U/S.100 OF CPC., AGAINST THE JUDGEMENT & DECREE DTD 27.3.2013 PASSED IN R.A.NO.55/2006 ON THE FILE OF THE ADDL. SENIOR CIVIL JUDGE & JMFC., MADHUGIRI, ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGEMENT AND DECREE DTD 28.2.2006 PASSED IN OS.NO.162/1999 ON THE FILE OF THE PRL. CIVIL JUDGE (JR.DN) MADHUGIRI. THESE APPEALS, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE - 4 - HC-KAR NC: 2025:KHC:39032 RSA No. 1208 of 2013 C/W RSA No. 1207 of 2013 ORAL JUDGMENT RSA No.1208/2013 is arising from the judgment and decree in O.S.No.157/1999 on the file of the Principal Civil Judge (Jr. Dn.), Madhugiri and R.A.No.56/2006 on the file of the Additional Senior Civil Judge, Madhugiri. 2. O.S.No.157/1999 is for specific performance of the contract. The defendant in O.S. No.157/1999 had also filed O.S.No.162/1999 seeking permanent injunction. Both the suits were clubbed together and disposed of by common judgment in terms of the judgment in O.S.No.157/1999. 3. The suit is decreed and O.S.No.162/1999 seeking permanent injunction is dismissed. Against the aforementioned judgment and decree, R.A.No.55/2006 and R.A.No.56/2006 are filed. Both the appeals are allowed and consequently the suit for specific performance in O.S.No.157/1999 is dismissed and the suit for injunction in O.S.No.162/1999 is decreed. 4. Aggrieved by the aforementioned judgments and decrees, two regular second appeals are filed. RSA No.1207/2013 is arising form the judgment and decree in O.S.No.162/1999 and R.A.No.55/2006 referred to above. - 5 - HC-KAR NC: 2025:KHC:39032 RSA No. 1208 of 2013 C/W RSA No. 1207 of 2013 5. The matter was referred to the mediation and before the learned Mediator, the parties have entered into settlement and learned Mediator has submitted the report. 6. The terms of the settlement are duly signed by the parties to the proceeding. 7. In terms of the settlement arrived at, the plaintiff in a suit for specific performance has given up his claim over the property by accepting Rs.1,50,000/-. 8. It is agreed between the parties that the amount of Rs.1,50,000/- shall be paid to the appellant by the respondent on or before 12.12.2025. The appellant has also acknowledged the possession of the suit properties with the respondent. 9. Considering the terms and conditions, this court does not find any impediment to accept the terms of the settlement. 10. Accordingly, the impugned judgments and decrees are modified in terms of the report submitted by the Mediator. - 6 - HC-KAR NC: 2025:KHC:39032 RSA No. 1208 of 2013 C/W RSA No. 1207 of 2013 11. Registry shall draw a decree as per the terms of the settlement and to refund full court fee to the appellant. Sd/- (ANANT RAMANATH HEGDE) JUDGE SS List No.: 1 Sl No.: 1