- 1 - HC-KAR NC: 2025:KHC-D:10370 RSA No. 100591 of 2025 IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE 18TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE G BASAVARAJA REGULAR SECOND APPEAL NO. 100591 OF 2025 BETWEEN: C. RAJU S/O. CHINNAIAH GOUNDER AGE: 90 YEARS, OCC. NIL, R/O: DOOR NO.519, AND ASSESSMENT NO.582, 7TH WARD, PATEL NAGAR, BEEDI OWNER, VENKATESHWARA KALYAN MANTAPA HOSAPETE CITY, TQ. HOSPET, DIST. BALLARI, VIJAYANAGAR-583201 …APPELLANT (BY SMT.VIDYAVATI M. KOTTUR SHETTAR, ADVOCATE.) AND: 1. DODDAMANI RAGHAVENDRA SETTY S/O. DOODDAMANI GOPALAKRISHNA SETTY AGE: 58 YEARS, OCC: BUSINESS. 2. DODDAMANI GURUDATTA SETTY S/O DODDAMANI GOPALAKRISHNA SETTY AGE: 52 YEARS, OCC: BUSINESS BOTH ARE R/O: 4TH WARD, SHIVA NILAYA, UPSTAIRS, 1ST CROSS, PATEL NAGAR, HOSAPETE CITY, TQ. HOSPET, DIST. BALLARY VIJAYANAGAR 583201. …RESPONDENTS (BY SRI SATISH M.S., ADVOCATE.) THIS REGULAR SECOND APPEAL IS FILED UNDER SECTION 100 OF THE CIVIL PROCEDURE CODE, 1908, PRAYING TO SET ASIDE THE JUDGMENT AND DECREE DATED 29.04.2025, PASSED BY THE Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.08.20 10:42:53 +0530 - 2 - HC-KAR NC: 2025:KHC-D:10370 RSA No. 100591 of 2025 COURT OF THE PRINCIPAL SENIOR CIVIL JUDGE AND JMFC, HOSAPETE, IN R.A.NO.28/2022, IN THE INTEREST OF JUSTICE AND EQUITY AND CONSEQUENTLY, DISMISS THE SUIT OF THE PLAINTIFF IN O.S.NO.213/2015, BY SETTING ASIDE THE JUDGMENT AND DECREE DATED 20.09.2022, PASSED BY THE ADDITIONAL CIVIL JUDGE AND JMFC, HOSAPETE AND ETC.,. THIS APPEAL COMING ON FOR ORDERS THIS DAY, JUDGMENT IS DELIVERED THEREIN AS UNDER: ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE G BASAVARAJA) The case is called out. Both the parties along with their respective counsel are present before the Court. The memorandum of agreement under section 89 of the Code of Civil Procedure read with Rules 24 and 25 of the Karnataka Civil Procedure (Mediation) Rules, 2007, is received from the Mediation Centre, High Court of Karnataka, Dharwad Bench, Dharwad. 2. The contents of this memorandum of agreement are read over and explained to the parties. Both the parties have accepted the terms of mediation voluntarily. Hence, the same is found lawful and accepted. 3. The memorandum of agreement under section 89 of the Code of Civil Procedure read with Rules 24 and - 3 - HC-KAR NC: 2025:KHC-D:10370 RSA No. 100591 of 2025 25 of the Karnataka Civil Procedure (Mediation) Rules, 2007, is allowed and accepted. 4. The appellant/tenant shall vacate the schedule property within 11 months from the date of this order i.e., 17.07.2026. 5. This appeal is disposed of in terms of the memorandum of agreement. 6. Registry is directed to refund the Court fee paid by the appellant, in favour of the respondent, as agreed by the appellant. 7. Draw decree accordingly. The memorandum of agreement shall be part and parcel of this decree. 8. Pending interlocutory applications, if any, stand disposed of as they do not survive for consideration. Sd/- (G BASAVARAJA) JUDGE MRK CT-CMU LIST NO.: 2 SL NO.: 1