- 1 - NC: 2025:KHC-D:2131-DB RFA No. 100404 of 2020 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 3RD DAY OF FEBRUARY 2025 PRESENT THE HON'BLE MR. JUSTICE ASHOK S. KINAGI AND THE HON'BLE MR. JUSTICE UMESH M ADIGA REGULAR FIRST APPEAL NO. 100404 OF 2020 (SP) BETWEEN: SHRI. TIMMAPPA S/O RANGAPPA HALAGATTI AGE: 72 YEARS, OCC. AGRICULTURE, R/O. PLOT NO.2, SAI NAGAR, MUDHOL, DIST. BAGALKOT-587313 …APPELLANT (BY SRI. SANJAY S KATAGERI, ADV) AND: SHRI. KRISHNAPPA S/O KALLAPPA LAKKAM AGE: 38 YEARS, OCC. AGRICULTURE, R/O. JEERAGAL, TQ. MUDHOL, DIST. BAGALKOT-587313 …RESPONDENT (BY SRI. GIRISH A YADAWAD, ADV) THIS RFA IS FILED UNDER SEC. 96 OF CPC., AGAINST THE JUDGMENT AND DECREE DTD 26.06.2020 PASSED IN O.S.NO.64/2016 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE AND JUDICIAL MAGISTRATE FIRST CLASS, MUDHOL 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 MOHANKUMAR B SHELAR Digitally signed by MOHANKUMAR B SHELAR Date: 2025.02.21 12:40:48 +0530 - 2 - NC: 2025:KHC-D:2131-DB RFA No. 100404 of 2020 ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE ASHOK S. KINAGI) This Regular First Appeal is filed by the defendant/appellant, challenging the judgment and preliminary decree dated 26.06.2020 passed in O.S. No.64/2016 by the learned Additional Senior Civil Judge and JMFC, Mudhol. 2. The appellant and the respondent are present before the Court and they are identified by their respective counsel. They filed a compromise petition, which reads as follows: 1) That, the top Noted Regular First Appeal is filed by the Appellant/Defendant in challenging the Judgment and Decree dated: 26-06-2020 passed in O.S. No.64/2016 by the Addl. Senior Civil Judge & JMFC, Mudhol, wherein the suit filed by the Respondent herein / Plaintiff for the Relief of Specific Performance of Contract in respect of Suit Schedule Property came to be allowed, by granting the Main Relief and thereby directing the Appellant herein to receive the alleged balance consideration amount and to Execute the Registered Sale Deed in respect of suit schedule property to the Respondent. Hence, this Regular First Appeal by the Defendant. - 3 - NC: 2025:KHC-D:2131-DB RFA No. 100404 of 2020 2) That, the Suit Schedule Property is the House Property (Dwelling House) bearing N.A.R.S. No. 532/B of Plot No.2 measuring to the extent of 108 Sq. Mtrs. comprising of Ground and 1st floor of RCC Constructed House and open space situated at Sai Nagar of Mudhol Town of Bagalkot District. 3) That, now both the Parties have agreed for Compromise the matter in this Appeal before this Hon'ble Court, with the following Terms and Conditions, and this Compromise Petition is filed. a) That, the Respondent herein / Plaintiff has agreed to receive sum of Rs. 60,00,000/- (Rupees Sixty Lakhs only) from the Appellant as Full and Final Settlement, in lieu of the said Main Relief granted in the Suit in O.S. No. 64/2016 by the Judgment and decree dated: 26-06-2020 by the learned Addl. Senior Civil Judge and JMFC Mudhol. b) That, the said Amount includes the earnest Amount of Rs. 19,50,000/- and the Interest from the date of said Registered Agreement of Sale dated: 26-05-2024 till this date of payment. c) That, the Appellant has agreed to pay sum of Rs.60,00,000/-(Rupees Sixty Lakhs only) in Full and Final within 2 Months from 31-01-2025 to the Respondent herein / Plaintiff by way of D.D or NEFT or RTGS. i.e. on or before 31-03-2025. The Respondent shall issue receipt for the same. d) Thus, the Respondent herein / Plaintiff shall not Claim any Amount from the Appellant in respect of this Transaction as Decreed by the Court below. - 4 - NC: 2025:KHC-D:2131-DB RFA No. 100404 of 2020 e) In the event of Appellant herein failed to Comply the Terms and Conditions of this Compromise Petition, the Respondent herein Plaintiff is entitle to get Executed the Registered Sale Deed in respect of the Suit Schedule Property through the process of Court in Accordance with Law in terms of decree dated 26.06.2020 passed in O.S. No.64/2016. The Appellant shall not make any obstruction for the same. f) Further, in the Event of Respondent herein refused to receive the said Agreed amount as per the Terms and Conditions of this Compromise Petition, the Appellant is at liberty to Deposit the same in the Court in the pending Execution Petition or by filing fresh Execution Petition before the Trial Court. g) That, this Settlement by way of this Compromise Petition in between the Appellant and Respondent herein is agreed with their Free Consent and there is no any Coercion, Undue Influence, Misrepresentation or Fraud to any of the parties or between them. Thus, the Terms and Conditions of this Compromise Petition are agreeable to them. h) That, this Compromise Petition is binding upon the Appellant and Respondent herein and upon their Legal Heirs, successors, Executants, Assignees, Administrator, Agents etc. i) That, the contents of this Compromise Petition which is in English Language is read over and explained to the Appellant and Respondent in the Kannada Language, known to them. Thus, they have agreed for the Terms and Conditions of this Compromise Petition which are true and correct to the best of - 5 - NC: 2025:KHC-D:2131-DB RFA No. 100404 of 2020 their knowledge, belief and information and thereby they have affixed their signatures with their Free Consent. Hence, this Compromise Petition be kindly accepted by this Hon'ble Court. j) That, the Appellant herein / Defendant is entitle for Refund of the Court Fee paid in this Appeal before this Hon'ble Court. The Respondent herein shall not have any right over the said Court Fee. Thus, the Registry of this Hon'ble Court be kindly directed to Refund the said Court Fee of Rs. 1,09,625/- in favour of the Appellant as provided Under Section-66 of the Karnataka Court Fees and Suits Valuation Act-1958. 4) Therefore, it is most humbly prayed by the Appellant herein / Defendant and the Respondent herein / Plaintiff to this Hon'ble Court, be please to Accept this Compromise Petition with the Terms and Conditions as stated above, by Modifying the Impugned Judgment and Decree dated: 26-06-2020 passed in O.S. No.64/2016 by the Addl. Senior Civil Judge & JMFC, Mudhol, wherein the said Suit filed by the Respondent herein / Plaintiff for the Relief of Specific Performance of Contract in respect of Suit Schedule Property Comprising of House Property (Dwelling House) bearing N.A.R.S. No. 532/B of Plot No.2 measuring to the extent of 108 Sq. Mtrs. comprising of Ground and 1st floor of RCC Constructed House and open space situated at Sai Nagar of Mudhol Town of Bagalkot District was Decreed by granting the Main Relief be kindly Modified, by allowing this Appeal in Terms and Conditions of this Compromise Petition as agreed by the parties herein, without Costs, in the interest of justice and equity. - 6 - NC: 2025:KHC-D:2131-DB RFA No. 100404 of 2020 3. The contents of the compromise petition is read over and explained to them. They have admitted the terms and conditions mentioned in the compromise petition and pray to allow the compromise petition and to dispose of the appeal in terms of the compromise petition. The compromise petition is placed on record. The appeal is disposed of in terms of the compromise petition. Office is directed to draw decree in terms of compromise petition and refund the court-fee in favour of the appellant as per Section 66 of the Karnataka Court- Fees and Suits Valuation Act. Sd/- (ASHOK S. KINAGI) JUDGE Sd/- (UMESH M ADIGA) JUDGE Kmv/CT: BSB