- 1 - HC-KAR NC: 2025:KHC-D:15894 RSA No. 100679 of 2019 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 19TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE C M JOSHI REGULAR SECOND APPEAL NO.100679 OF 2019 (SP) BETWEEN: 1. SHRI RAGHAVENDRA S/O. BABURAO HAVALDAR, AGE: 35 YEARS, OCC. AGRICULTURE, R/O. DESAI PLOTS, RAIBAG, TQ. RAIBAG, DIST. BELAGAVI-591317. 2. SHRI BHARAT S/O. BABURAO HAVALDAR, AGE: 27 YEARS, OCC. PRIVATE SERVICE, R/O. DESAI PLOTS, RAIBAG, TQ. RAIBAG, DIST. BELAGAVI-591317. …APPELLANTS (BY SRI. VITTHAL S. TELI, ADVOCATE) AND. SMT. VIJAYALAXMI W/O. SHIVALING NIRAVANI, AGE: 45 YEARS, OCC. HOUSEHOLD WORK AND AGRICULTURE, R/O. NIDAGUNDI, TQ. RAIBAG, DIST. BELAGAVI-591317. …RESPONDENT (BY SRI. MANJUNATH A. KARIGANNAVAR, ADVOCATE) THIS RSA IS FILED UNDER SECTION 100 R/W. ORDER 41 RULE 1 OF CPC, PRAYING TO CALL FOR THE RECORDS AND TO SET ASIDE THE JUDGMENT AND DECREE DATED 13.08.2019 PASSED IN R.A.NO.176/2015 BY THE VII ADDL. DISTRICT AND SESSIONS JUDGE, BELAGAVI, SITTING AT CHIKKODI IN CONFIRMING THE JUDGMENT AND DECREE DATED 27.06.2015 PASSED IN O.S.NO.19/2009 BY THE YASHAVANT NARAYANKAR Digitally signed by YASHAVANT NARAYANKAR Date: 2025.11.20 14:49:16 +0530 - 2 - HC-KAR NC: 2025:KHC-D:15894 RSA No. 100679 of 2019 SENIOR CIVIL JUDGE AND JMFC RAIBAG (IN SO FAR 2/3RD SHARE IN SUIT PROPERTY), IN THE INTEREST OF JUSTICE AND EQUITY. THIS APPEAL, COMING ON FOR ORDERS THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER. ORAL JUDGMENT (PER. THE HON'BLE MR. JUSTICE C M JOSHI) This matter was referred to the Mediation Centre for exploring the possibility of settlement. The mediation has been successful and as such, the agreement reached between the parties before the Mediator is placed before this Court. 2. The appellant No.1 and 2 and the respondent are present before this Court along with their respective counsel and they are duly identified by their respective counsels. 3. Heard. The appellant No.1 and 2 are defendant No.1 and 2 before the Trial Court, who suffered decree of specific performance. The said order was confirmed by the First Appellate Court. The total extent of the land was 6 Acres 10 Guntas. The specific performance was ordered only in respect of 4 Acres 10 Guntas of land. Now, after mediation, the parties have agreed - 3 - HC-KAR NC: 2025:KHC-D:15894 RSA No. 100679 of 2019 that the appellants would execute sale deed in favour of the respondent to the extent of 2 Acres 15 Gunas. 4. The terms of agreement that were reached before the Mediator are read over and explained to the parties and they admit the contents of the same. The extent of the land, which is now to be sold by the appellant No.1 and 2 in favour of the respondent, is mentioned in the sketch annexed to the agreement under Section 89 of CPC. Therefore, the appeal is disposed of in terms of the agreement between the parties in terms of Section 89 of CPC read with Section 24 and 25 of the Karnataka Civil Procedure (Mediation) Rules, 2007. 5. The Registry to draw the decree accordingly. 6. The Court fee be refunded to the appellants as per the Rules. 7. The amount in deposit, if any, before the First Appellate Court is ordered to be refunded to the appellants herein. - 4 - HC-KAR NC: 2025:KHC-D:15894 RSA No. 100679 of 2019 8. In view of disposal of the appeal, pending interlocutory applications, if any, do not survive for consideration and are disposed of. SD/- (C M JOSHI) JUDGE YAN CT:PA LIST NO.. 2 SL NO.. 1