- 1 - HC-KAR NC: 2025:KHC-D:11473 RFA No. 100435 of 2019 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 08TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE ASHOK S. KINAGI REGULAR FIRST APPEAL NO. 100435 OF 2019 (SP-) BETWEEN: 1. SRI. MARUTI NAGAPPA PUNDIPHALLE AGE: 45 YEARS, OCC: AGRICULTURE, R/O: BAVACHI-591317, TQ. RAIBAG, DIST: BELAGAVI, NOW R/AT. MUDHOL-587313, DIST: BAGALKOTE. …APPELLANT (BY SRI. RAJASHEKHAR BURJI, ADV) AND: 1. SRI. BHIMAPPA SHANKAR PUNDIPHALLE AGE: 48 YEARS, OCC: AGRICULTURE, R/O: BAVACHI VILLAGE-591317, TAL: RAIBAG, DIST: BELAGAVI, NOW RESIDING AT UGAR-591316, TQ: ATHANI, DIST: BELAGAVI. 2. SRI. KEDARI SHANKAR PUNDIPHALLE AGE: 46 YEARS, OCC: AGRICULTURE, R/O: BAVACHI VILLAGE-591317, TAL: RAIBAG, DIST: BELAGAVI, NOW RESIDING AT BELAGAVI. 3. SRI. MANING SHIVALING PUNDIPHALLE AGE: 45 YEARS, OCC: AGRICULTURE, R/O: BAVACHI VILLAGE-591317, TAL: RAIBAG, DIST: BELAGAVI. …RESPONDENTS (BY SRI. RAMACHANDRA A. MALI, ADV FOR R3, NOTICE TO R1 & R2 ARE SERVED) THIS RFA IS FILED UNDER ORDER 43 RULE 1 R/W SEC.96 OF CPC., AGAINST THE JUDGMENT AND DECREE DTD:21.06.2019 MOHANKUMAR B SHELAR Digitally signed by MOHANKUMAR B SHELAR Date: 2025.09.10 12:26:04 +0530 - 2 - HC-KAR NC: 2025:KHC-D:11473 RFA No. 100435 of 2019 PASSED IN O.S.NO.275/2015 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, RAIBAG, DISMISSING THE SUIT FILED FOR SPECIFIC PERFORMANCE OF CONTRACT. THIS APPEAL, COMING ON FOR REPORTING SETTLEMENT, THIS DAY, THE COURT DELIVERED THE FOLLOWING: CORAM: THE HON'BLE MR. JUSTICE ASHOK S. KINAGI ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE ASHOK S. KINAGI) The learned counsel for the appellant and learned counsel for respondent No.3 have filed a compromise petition, which reads as follows: 1. That O.S.No.275/2015 was filed by the Plaintiff/Appellant against the Defendant No.1 and 2/Respondent NO.1 and 2 for Specific performance of Contract. 2. That during the pendency of the suit, the Plaintiff and Defendant No.1 and 2 have filed an Application under Order XXIII Rule 3 of Code of Civil Procedure and sought for compromise decree vide Compromise Petition dated 11.01.2018 and the same is opposed by the Defendant No.3. 3. That the Court below vide impugned Judgment and Decree dated 21.06.2019, dismissed the Suit of the Plaintiff, hence the Plaintiff/Appellant being - 3 - HC-KAR NC: 2025:KHC-D:11473 RFA No. 100435 of 2019 aggrieved by the Judgment and decree dated 21.06.2019 passed in O.S.No.275/2015 has preferred this Appeal. 4. That during the pendency of this Appeal, the parties to the above Appeal and others have settled their dispute by filing a Compromise Petition dated 17.11.2023 in a comprehensive suit, O.S.No.1181/2023 on the file of Prl.Civil Judge, Raibag. The Court below has accepted the said Compromise Petition vide order dated 20.11.2023. Copy of the Decree and Compromise Petition dated 17.11.2023 are produced for kind reference of this Hon'ble Court and the said documents may be taken on record, therefore in view of the Compromise Petition dated 17.11.2023 filed in O.S.No.1181/2023 and order dated 20.11.2023, the Appellant and Respondent No.3 have instructed and authorized to submit the this Petition. Wherefore the Appellant and Respondent No.3 prays this Hon'ble Court to accept this Petition and draw the Decree accordingly in the interest of justice and equity. 2. During the pendency of the appeal, the parties have settled their disputes by entering into a compromise - 4 - HC-KAR NC: 2025:KHC-D:11473 RFA No. 100435 of 2019 petition in O.S. No.1181/2023 on the file of the learned Principal Civil Judge, Raibag. A compromise decree was passed in the said suit. Respondent Nos.1 to 3 herein have affixed their signatures on the compromise petition filed in O.S. No.1181/2023. 3. The compromise petition is taken on record and the Regular First Appeal is disposed of in terms of compromise petition. 4. The Office is directed to draw the decree in terms of compromise petition and also to refund the Court fee as per Section 66 of the Karnataka Court Fee and Suits Valuation Act, 1958 in favour of the appellant. Sd/- (ASHOK S. KINAGI) JUDGE NAA CT: BSB List No.: 1 Sl No.: 1