- 1 - NC: 2025:KHC-D:1591-DB RFA No. 100473 of 2022 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 27TH DAY OF JANUARY, 2025 PRESENT THE HON'BLE MR. JUSTICE ASHOK S. KINAGI AND THE HON'BLE MR. JUSTICE UMESH M ADIGA REGULAR FIRST APPEAL NO. 100473 OF 2022 (SP) BETWEEN: 1. SMT. RATNAWWA, W/O. LATE SOMALINGA CHINCHALI AGE. 73 YEARS, OCC. AGRICULTURE AND HOUSEHOLD WORK, R/O. SUTTATTI VILLAGE, TALUKA: RAIBAG, DISTRICT: BELAGAVI, PIN CODE. 591217. 2. SHRI SHRISHAIL, S/O. LATE SOMALINGA CHINCHALI AGE. 49 YEARS, OCC. AGRICULTURE, R/O. SUTTATTI VILLAGE, TALUKA RAIBAG, DISTRICT. BELAGAVI, PIN CODE. 591217. …APPELLANTS (BY SRI. SANJAY S. KATAGERI, ADVOCATE) AND: 1. SHRI VIDYADHAR, Digitally signed by MOHANKUMAR B SHELAR Location: High Court of Karnataka, Dharwad Bench - 2 - NC: 2025:KHC-D:1591-DB RFA No. 100473 of 2022 S/O. BASAVANNI KOKATANUR AGE. 498YEARS, OCC. AGRICULTURE, R/O. PARAMANANDWADI VILLAGE (PARAMANDWADI), TALUKA: RAIBAG, DIST: BELAGAVI, PIN CODE. 591311. 2. SHRI KASHLINGA, S/O. LATE SOMALINGA CHINCHALI AGE. 42 YEARS, OCC. AGRICULTURE, R/O. SUTTATTI VILLGE, TALUKA RAIBAG, DISTRICT. BELAGAVI, PIN CODE. 591217. …RESPONDENTS (BY SRI. DINESH M. KULKARNI, ADVOCATE FOR R1; SRI. B. SHARANABASAWA, ADVOCATE FOR R2) THIS RFA IS FILED UNDER SEC. 96 OF CPC., 1908, AGAINST THE JUDGMENT AND DECREE DATED 21.03.2022 PASSED IN O.S.NO.18/2020 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JUDICIAL MAGISTRATE FIRST CLASS, RAIBAG, DECREEING THE SUIT FILED FOR SPECIFIC PERFORMANCE OF CONTRACT. THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE ASHOK S. KINAGI AND THE HON'BLE MR. JUSTICE UMESH M ADIGA - 3 - NC: 2025:KHC-D:1591-DB RFA No. 100473 of 2022 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE ASHOK S. KINAGI) The appellants and the respondents along with their respective counsel are present before this court. They are identified by their respective counsel. 2. The appellants and the respondents have amicably settled their dispute and filed the compromise petition under Order 23 Rule 3 of CPC, which reads as under. 1) That, the top Noted Regular First Appeal is filed by the Appellants/Defendants No. 1 and 2 in challenging the Judgment and Decree dated: 21-03-2022 passed in O.S. No.18/2020 by the Senior Civil Judge & JMFC, Raibag, wherein the said Suit filed by the Respondent No.1 herein/plaintiff for the Relief of Specific Performance of Contract in respect of Suit schedule Property comprising of Agricultural Land bearing Sy.No. 114/3 measuring to the extent of 2 Acres 36 guntas situated at Sutatti Village in Raibag Taluka of Belagavi District came to be allowed, by granting the Main Relief to the Respondent No.1 herein. Thus, directing the Appellants herein and the Respondent No.2 herein to receive the alleged Balance - 4 - NC: 2025:KHC-D:1591-DB RFA No. 100473 of 2022 Consideration Amount and to Execute the Registered Sale Deed to the Respondent No.1 herein in respect of the Suit Scheduled Property. Hence, this Regular First Appeal by the Defendants No.1 and 3. Now, in this Compromise Petition, the Respondent No.2 has joined with the Appellants herein. 2) That, the Appellants herein were the Defendants No.1 and 3 and the Respondent No.2 was the Defendant No.2 in the Suit filed by the Respondent No.1 herein / Plaintiff for the Relief of Specific Performance of Contract in respect the of the said Suit Schedule Property on the basis said Registered Agreement of Sale dated:28-09-2018 as Executed between them. That, the said Suit Property was offered for Sale by the Appellants and the Respondent No.2 herein and thereby the consideration Amount was fixed at Rs.20,50,000/-. The said Agreement of Sale was to be concluded on or before 28-09-2019 and thereby Possession was to be given at the time of Execution of the Registered Sale Deed to the Plaintiff. 3) That, in view of the said Registered Agreement of Sale dated: 28-09-2018, the Respondent No.1 herein has paid the Earnest Amount of Rs.20,00,000/- by way of Cheque through the KVG, Raibag Branch in the Account as maintained by the Respondent No.2 / Defendant No.2., which was agreed to all parties. - 5 - NC: 2025:KHC-D:1591-DB RFA No. 100473 of 2022 Thus, from 16-09-2018 till 28-09-2018 the said earnest money of Rs.20,00,000/- was paid to the Appellants and the Respondent No.2. However, 11E Sketch was to be got prepared by the Appellants and the Respondent No.2 and so also they have to clear the Bank and Society Loans and thereby time was fixed to Execute the Registered Sale Deed by 28-09- 2019. 4) However, it was alleged that on failure to Execute the said Registered Sale Deed by the Appellants and the Respondent No.2 in favour of the Respondent No.1, the Legal Notice was issued by the Respondent No.1 to perform the Contract and to the same the Appellants herein have issued Reply Notice stating that the said Agreement of Sale was created by the Respondent No.2 with the Respondent No.1 etc. Further, it was purely Hand Loan Transaction and thereby there was no intention on the part of the Appellants to sale the Suit Schedule Property. 5) Thus, the Suit was filed by the Respondent No.1 herein in O.S. No. 18/2020 and after contest by the parties, the Trial Court learned Senior Civil Judge and JMFC, Raibag by the Impugned Judgment and decree dated:21-03-2022 has decreed the Suit by granting the main Relief to the Respondent No.1 herein, directing to Execute the Registered Sale Deed by receiving Balance Consideration Amount of - 6 - NC: 2025:KHC-D:1591-DB RFA No. 100473 of 2022 Rs.50,000/-, within 3 months from the date of Decree, failing which the Plaintiff / Respondent No.1 was given liberty to get Executed the Registered Sale Deed through the Court. 6) That, now All the parties have agreed for Compromise in this Appeal before this Hon'ble Court, with the following Terms and Conditions, this Compromise Petition is filed. a) That, the Respondent No.1 herein / Plaintiff has agreed to Receive the Earnest Money of Rs.20,00,000/- (Rupees Twenty Lakhs only) with interest at the rate of 12% per annum from the date of said Registered Agreement of Sale dated:28-09- 2018 till the date of its realization from the Appellants and Respondent No.2 / Defendants No.1 to 3, as full and final settlement, in lieu of the said Main Relief granted in the Suit in O.S. No. 18/2020 by the Judgment and decree dated:21-03-2022 by the learned Senior Civil Judge and JMFC, Raibag. Thus, the Trial Court Decree be kindly Modified. b) That, the Appellants and the Respondent No.2 shall pay the said Amount in Full and Final at a time, within 30 days from 22-01-2025 to the Respondent No.1 herein / Plaintiff by way of D.D or NEFT or RTGS. i.e. by 21-02-2025. The Respondent No.1 shall issue receipt for the same. - 7 - NC: 2025:KHC-D:1591-DB RFA No. 100473 of 2022 c) The said aspect of interest at the rate of 12% per annum shall be calculated from 28-09-2018 till the date of Payment of the say Rs.20,00,000/- as per the Terms and Conditions. d) That, the Appellants and the Respondent No.2 shall not be liable pay any Amount to the Respondent No.1 herein, in respect of the portion of the Portion of the Suit Schedule Property Acquired by the Railway Administration i.e, to the extent of 1 Acre 11 guntas in the said Sy.No. 114/3 of Suttatti Village of Raibag Taluka, wherein Compensation Amount is paid to the Appellants and Respondent No.2 by the Railway Administration. Thus, the Respondent No.1 herein / Plaintiff shall not claim any Amount in respect of the Award Amount or in the event of any Enhanced Amount in this regard. e) That, in the event of Appellants and the Respondent No.2 herein failed to comply the Terms and Conditions of this Compromise Petition, the Respondent No.1 herein / Plaintiff is entitle to get Executed the said Registered Sale Deed in respect of the Suit Schedule Property 114/3 of Suttatti Village of Raibag Taluka in respect of the Land in question in accordance with law, by treating this Appeal shall stand Dismissed and thereby the Judgment and Decree dated: 21-03-2022 passed in O.S. No. 18/2020 by the Senior Civil Judge & JMFC, Raibag - 8 - NC: 2025:KHC-D:1591-DB RFA No. 100473 of 2022 shall be deemed to be confirmed. Thus, the Respondent No. is at liberty to Execute the said Decree in accordance with Law. The Appellants and the Respondent No.2 shall not make any obstruction for the same. f) Further, in the Event of Respondent No.1 herein refused to receive the said Agreed amount as per the Terms and Conditions of this Compromise Petition, the Appellants and the Respondent No.2 are at liberty to Deposit the same in the Court in the pending Execution Petition or by filing fresh Execution Petition before the Trial Court, in the reasonable Extended time. g) That, this settlement of this Compromise in between the Appellants and Respondents 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 Appellants and Respondent No.2 herein and upon the Respondent No.1 herein and upon their Legal Heirs, successors, Executants, Assignees, Administrator, Agents etc. - 9 - NC: 2025:KHC-D:1591-DB RFA No. 100473 of 2022 i) Thus, this Compromise is agreed with Full and Final Settlement as per the Terms and Conditions as stated above in this Compromise Petition between the Appellants and the Respondents herein. j) That, the contents of this Compromise Petition which is in English Language is read over and explained to the Appellants and Respondents in the Kannada Language known to them. Thus, they have agreed for the Terms and Conditions of this Compromise Petition and the same are true and correct to the best of their knowledge, belief and information. Thus, thereby they have affixed their signatures with their Free Consent and Volition. The Appellant No.1 has affixed her LTM, whereas Appellant No.2, Respondent No.1 and Respondent No.2 have signed the same. Hence, this Compromise Petition be kindly accepted by this Hon'ble Court. k) That, the Appellants herein / Defendants No.1 and 3 are entitle for Refund of the Court Fee paid in this Appeal before this Hon'ble Court in this regard. Since, it is they who have paid the Court Fee. The Respondents No.1 and 2 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, 11,625/- in favour of the Appellant No.2- since the Appellant No. 1 is very age - 10 - NC: 2025:KHC-D:1591-DB RFA No. 100473 of 2022 Old Person and she consent for the said Refund of the Court Fee in favour of the Appellant No.2. Hence, the court Fee be kindly Refunded as provided Under Section-66 of the Karnataka Court Fees and Suits Valuation Act-1958 to the Appellant No.2 herein. Therefore, it is most humbly prayed by the Appellants herein /Defendants No.1 and 3 herein and the Respondent No.1 herein /Plaintiff and Respondent No.2/ Defendant No.2 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: 21-03-2022 passed in O.S. No.18 /2020 by the Learned Senior Civil Judge & JMFC, Raibag, wherein the said Suit filed by the Respondent No.1 / Plaintiff for the Relief of Specific Performance of Contract in respect of Suit Schedule Property comprising of Agricultural Land bearing Sy.No. 114/3 measuring to the extent of 2 Acres 36 guntas situated at Suttatti Village in Raibag Taluka of Belagavi District, was Decreed by granting the Main Relief, be kindly Modified as sought herein, by allowing this Appeal in Terms and Conditions of this Compromise Petition as agreed by all the parties herein, without Costs, in the interest of justice and equity. - 11 - NC: 2025:KHC-D:1591-DB RFA No. 100473 of 2022 3. The contents of the compromise petition was read over and explained to the parties in the kannada language known to them and they have accepted the terms and conditions mentioned in the compromise petition and prays to take it on record. 4. The compromise petition is placed on record. 5. Accordingly, the appeal is disposed of in terms of compromise petition. 6. Office is directed to draw the decree, in terms of the compromise petition and refund the court fee as per Section 66 of the Karnataka Court fees and Suit Valuation Act, 1958. Sd/- (ASHOK S. KINAGI) JUDGE Sd/- (UMESH M ADIGA) JUDGE SKS Ct-cmu