- 1 - HC-KAR NC: 2025:KHC:37705-DB RFA No. 834 of 2021 C/W RFA No. 1553 of 2020 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF SEPTEMBER, 2025 PRESENT THE HON'BLE MRS. JUSTICE ANU SIVARAMAN AND THE HON'BLE MR. JUSTICE RAJESH RAI K REGULAR FIRST APPEAL NO. 834 OF 2021 (SP) C/W REGULAR FIRST APPEAL NO. 1553 OF 2020 (SP) IN RFA No. 834/2021: BETWEEN: 1. SRI P.T. NANJUNDA SWAMY S/O LATE P.L.THIPPESWAMY, AGED ABOUT 57 YEARS, R/AT RAINGUAGE EXTENTION PAVAGADA TOWN, PAVAGADA TALUK - 561 202. 2. SRI P.N. MANJULA S/O P.T. NANJUDA SWAMY, AGED ABOUT 53 YEARS, R/AT RAINGUAGE EXTENTION PAVAGADA TOWN, PAVAGADA TALUK - 561 202. …APPELLANTS (BY SRI. GIRISH KUMAR R., ADV.) AND: SRI S.R. SURYA PRAKASH D/O LATE S.K. RAMAKRISHNA SETTY, AGED ABOUT 61 YEARS, RESIDING AT NO SRE KANYAKAPARAMESHWARI Digitally signed by CHANNEGOWDA PREMA Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:37705-DB RFA No. 834 of 2021 C/W RFA No. 1553 of 2020 TEMPLE, (SKP) PAVAGADA TOWN PAVAGADA TALUK - 561 202. …RESPONDENT (BY SRI S.V. NAIKAR, ADV.) THIS RFA IS FILED UNDER SECTION 96 OF THE CPC, PRAYING TO SET ASIDE THE JUDGMENT AND DECREE DATED 31.01.2020, SO FAR AS DECREEING THE SUIT IN PART IS CONCERNED, PASSED BY THE SENIOR CIVIIL JUDGE AND JMFC AT PAVAGADA, IN O.S.No.56/2015 AND DISMISS THE SUIT AS PRAYED FOR AND PASS SUCH OTHER ORDERS THAT THIS HON'BLE COURT DEEMS FIT TO GRANT IN THE FACTS AND CIRCUMSTANCES OF THE CASE IN THE INTEREST OF JUSTICE AND EQUITY. IN RFA NO. 1553/2020: BETWEEN: SRI S.R. SURYA PRAKASH S/O LATE S.K. RAMAKRISHNA SETTY, AGED ABOUT 62 YEARS, R/O NEAR SRTEE KANYAKAPRARAMESHWARI TEMPLE (SKP) PAVAGADA TOWN, PAVAGADA TALUK - 561 202. ...APPELLANT (BY SRI S.V. NAIKAR, ADV.) AND: 1. SRI P.T. NANJUNDA SWAMY S/O P.L. THIPPESWAMY, AGED ABOUT 56 YEARS, KURUBA BY CASTE, R/O RAINGUAGE EXTENSION, PAVAGADA TOWN, PAVAGADA TALUK - 561 202. 2. P.N. MANJULA W/O P T NANJUNDA, - 3 - HC-KAR NC: 2025:KHC:37705-DB RFA No. 834 of 2021 C/W RFA No. 1553 of 2020 AGED ABOUT 48 YEARS, KURUBA BY CASTE, R/O RAINGUNAGE EXTENSION, PAVAGADA TOWN, PAVAGADA TALUK - 561 202. ...RESPONDENTS (BY SRI GIRISH KUMAR R., ADV., FOR R-1 & R-2) THIS RFA IS FILED UNDER SEC.96 OF THE CPC, 1908 AGAINST THE JUDGMENT AND DECREE DATED 31.01.2020 PASSED IN OS No.56/2015 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC., AT PAVAGADA PARTLY DECREEING THE SUIT FOR SPECIFIC PERFORMANCE. THESE APPEALS, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN and HON'BLE MR. JUSTICE RAJESH RAI K ORAL JUDGMENT (PER: HON'BLE MRS. JUSTICE ANU SIVARAMAN) It is submitted by the learned counsel appearing on either side that parties have settled the dispute between them. 2. Parties are present before us today and they are identified by their respective counsels. - 4 - HC-KAR NC: 2025:KHC:37705-DB RFA No. 834 of 2021 C/W RFA No. 1553 of 2020 3. Learned counsel appearing for respondent No.2 has filed a memo dated 17.09.2025, which reads as under; "1. Pursuant to the Memorandum of Settlement dated 21.08.2025 entered into between the parties under Section 89 CPC read with Rules 24 and 25 of the Karnataka Civil Procedure Mediation Rules, 2005, the appellants/defendants had agreed to pay a sum of Rs.1,10,00,000/- (Rupees One Crore Ten Lakhs only) to the respondent/plaintiff towards full and final settlement of all claims relating to the suit schedule property. 2. The respondent respectfully submits that he has duly received the entire settled consideration of Rs.1,10,00,000/-(Rupees One Crore Ten Lakhs only) through bank transfers/RTGS/NEFT into his account, details of which are already furnished in the settlement. 3. The respondent further places on record that the said payments are duly reflected in his bank statement maintained with Karnataka Bank, Account No. 6032500100151001, IFSC Code: KARB0000603, which is being produced herewith for the kind perusal of this Hon'ble Court. 4. The respondent confirms that on receipt of the aforesaid consideration, he has no surviving claim, right, title, or interest of whatsoever nature over the suit schedule property and that the settlement has been fully acted upon. WHEREFORE, the respondent most respectfully prays that this Hon'ble Court be pleased to take this memo along with the annexed bank statement on record, and pass appropriate orders in terms of the - 5 - HC-KAR NC: 2025:KHC:37705-DB RFA No. 834 of 2021 C/W RFA No. 1553 of 2020 Memorandum of Settlement in the interest of equity and justice." 4. Memo is taken on record. 5. Accordingly, these appeals stand disposed of in terms of the compromise entered into between the parties. Registry shall draw up the decree in accordance with the compromise. Court fee shall be refunded to the appellants on proper identification. Sd/- (ANU SIVARAMAN) JUDGE Sd/- (RAJESH RAI K) JUDGE PN List No.: 5 Sl No.: 1