- 1 - HC-KAR NC: 2025:KHC:39055 RFA No. 575 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA REGULAR FIRST APPEAL NO. 575 OF 2023 (SP) BETWEEN: 1. SRI CHELUVARAJSHEY AGED 55 YEARS, S/O LATE BETTASHETTY, R/AT MULLUSOGE JANATHA COLONY, KUSHALANAGARA HOBLI, SOMWARPET TALUK, KODAGU DISTRICT-571 234. …APPELLANT (BY SRI. PUNDIKAI ISHWARA BHAT, ADVOCATE) AND: 1. SRI VENKATESH AGED 45 YEARS S/O LATE SOMASHETTY 2. SMT. CHANDRIKA AGED 40 YEARS W/O VENKATESH S 3. SRI. S.V. SANTHOSH AGED 27 YEARS S/O VENKATESH S 4. ROOPA AGED 25 YEARS D/O VENKATESH S R/AT MULLUSOGE JANATHA COLONY KUSHALANAGARA HOBLI Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:39055 RFA No. 575 of 2023 SOMWARPET TALUK KODAGU DISTRICT-571 234. …RESPONDENTS (BY SRI. B.M.MOHAN KUMAR, ADVOCATE FOR R1 TO R4) THIS RFA IS FILED UNDER SECTION 96 OF CPC AGAINST THE JUDGMENT AND DECREE DATED 31.01.2023 PASSED IN OS NO.48/2018 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, H.D.KOTE, PARTLY DECREEING THE SUIT FOR SPECIFIC PERFORMANCE OF AGREEMENT. THIS APPEAL COMING ON FOR ORDERS THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE K.S. HEMALEKHA ORAL JUDGMENT A compromise petition has been filed under Order 23, Rule 1 of CPC by the appellant and the respondents, duly signed by them and their respective counsel. The parties have amicably settled the dispute, and the terms of the compromise reads as under: “1) The Respondents have agreed to execute registered sale deed in favour of the Appellant in respect of the schedule property within three months from this date. 2) The appellant has agreed to pay the balance consideration amount of Rs.2,00,000/- before the Sub-Registrar at the time of registration. Both of them are bound by the covenants - 3 - HC-KAR NC: 2025:KHC:39055 RFA No. 575 of 2023 stated above. The Respondents have agreed to co-operate with the Appellant to execute the sale deed. 3) If the Respondents fail to execute the sale deed within three months from today, the Appellant is entitled to get registered sale deed through the process of Court by filing execution petition before the Civil Judge and JMFC, H D Kote”. 2. The suit was one for specific performance of contract, and the appeal has been preferred by the plaintiff. The parties have entered into a registered agreement of sale dated 23.08.2025 and as per the registered agreement, the appellant has agreed to purchase 31 guntas, instead of 1 acre of land as per the earlier agreement of sale dated 26.05.2016, which was the subject matter in O.S.No.48/2018. 3. The appellant and respondent No.1 are present before this Court. On being queried, they submitted that they are agreeable to the terms of the compromise, which has been signed by both parties, duly identified by their - 4 - HC-KAR NC: 2025:KHC:39055 RFA No. 575 of 2023 respective counsel. The compromise petition shall form part and parcel of this order. 4. Accordingly, the appeal stands disposed of. The judgment and decree of the Trial Court stands modified in terms of the compromise petition. 5. The Registry is directed to draw the decree accordingly. 6. Since, the dispute is settled between the parties prior to hearing and considering that they are relatives, in the peculiar facts and circumstances of the case, the Registry is directed to refund the Court fee to the appellant in accordance with law, on proper identification. Sd/- ____________________ JUSTICE K.S. HEMALEKHA ST List No.: 1 Sl No.: 12