- 1 - NC: 2025:KHC-D:2169-DB RFA No. 100274 of 2015 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 4TH DAY OF FEBRUARY, 2025 PRESENT THE HON'BLE MR. JUSTICE ASHOK S. KINAGI AND THE HON'BLE MR. JUSTICE UMESH M ADIGA REGULAR FIRST APPEAL NO. 100274 OF 2015 (SP) BETWEEN: 1. SMT. VIDYABAI, W/O. ASHOK KATWE, AGED ABOUT: 48 YEARS, OCC: BUSINESS AND HOUSEHOLD WORK, R/O: BHAVANI NAGAR, HUBBALLI, TQ: HUBBALLI, DIST: DHARWAD-580 023. 2. SMT. VIJAYALAXMI, W/O. VITTAL KATWE, AGED ABOUT: 45 YEARS, OCC: BUSINESS AND HOUSE HOLD WORK, R/O: BHAVANI NAGAR, HUBBALLI, TQ: HUBBALLI, DIST: DHARWAD-580 023. 3. SMT. LAKSHMI, W/O. PANDURANGA KATWE, AGED ABOUT: 42 YEARS, OCC: BUSINESS AND HOUSE HOLD WORK, R/O: BHAVANI NAGAR, HUBBALLI, TQ: HUBBALLI, DIST: DHARWAD-580 023. Digitally signed by V N BADIGER Location: HIGH COURT OF KARNATAKA Date: 2025.02.20 10:49:32 +0530 - 2 - NC: 2025:KHC-D:2169-DB RFA No. 100274 of 2015 4. SMT. ROOPA, W/O. SRIKANT KATWE, AGED ABOUT: 40 YEARS, OCC: BUSINESS AND HOUSE HOLD WORK, R/O: BHAVANI NAGAR, HUBBALLI, TQ: HUBBALLI, DIST: DHARWAD-580 023. …APPELLANTS (BY SRI. G.I. GACHCHINAMATH, ADVOCATE) AND: PADMALATHA W/O. PRASHANTH SOOJI, AGED ABOUT: 52 YEARS, OCC: BUSINESS AND HOUSE HOLD WORK, R/O: DESHPANDE NAGAR, HUBBALLI, TQ: HUBBALLI, DIST: DHARWAD-580 029. …RESPONDENT (BY SRI. V.M. SHEELVANT ADVOCATE) THIS RFA IS FILED UNDER SEC.96 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED:10.09.2015, PASSED IN O.S.NO.340/2003, ON THE FILE OF I ADDITIONAL SENIOR CIVIL JUDGE HUBBALLI, DISMISSING THE SUIT FILED FOR SPECIFIC PERFORMANCE OF CONTRACT. THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, THE 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:2169-DB RFA No. 100274 of 2015 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE ASHOK S. KINAGI) Learned counsel for the appellant seeks permission to affix the signature of the appellant Nos.1 and 4 on the compromise petition filed before this Court on 23.01.2025. The oral request made by learned counsel for the appellant is allowed. Appellant Nos.1 and 4 are permitted to affix their signature on the compromise petition filed on 23.01.2025. Appellant Nos.1 and 4 and the respondent is present before the Court and they are identified by their respective counsel. 2. The appellants and the respondent have filed the compromise petition on 23.01.2025, which reads as under: “1. It is submitted that the Appellants being the plaintiffs have filed suit O.S. No.340/2003 before the Ist Additional Senior Civil Judge, Hubballi seeking for specific performance of contract. 2. It is submitted that the Defendant /Respondent hereby undertakes to this Hon'ble court that she shall pay a sum of - 4 - NC: 2025:KHC-D:2169-DB RFA No. 100274 of 2015 RS. 5 lakhs (Five Lakhs only) to the plaintiffs/Appellants within a period of 3 months from today towards the full and Settlement and the plaintiffs / Appellants shall not have any claim in respect of the property bearing CTS No.162/30 situated at Ward No. III measuring 776 square yards at Deshpande nagar, Hubballi. The Appellants shall not interefere with peaceful possession of the Respondent in any manner in respect of the Suit Property of Respondent. 3. It is submitted that the Defendant / Respondent hereby undertakes that she shall promptly make the payment within a period of 3 months without giving way for the Appellants/plaintiffs to file the Execution for the recovery of the said sum. 4. It is hereby agreed that the plaintiffs / Appellants shall be entitled to refund of the admissible court fees. 5. Since the Appellant NO.1 has gone to Jaipur and the Appellant NO.4 has gone to Dharmasthala, the Appellants No.2 and 3 are permitted to act and enter into this compromise on their behalf and on behalf of the Appellant No. 1 and Appellant No. 4 with their consent. 6. This Compromise cannot construed as an admission of the Alleged Agreement / Contract. The Respondent has Compromised the matter to put on end of the Litigation. - 5 - NC: 2025:KHC-D:2169-DB RFA No. 100274 of 2015 The Appellants and the Respondent pray that this Hon'ble court may be pleased to dispose of the above Appeal as per the above terms in the interest of justice and equity.” 3. The compromise petition was read over to the parties. Though the respondent was present on 23.01.2025, she has accepted the terms and conditions of the compromise petition and submit that appeal be disposed off in terms of compromise petition. Today, the appellants are present and they also accept the terms and conditions of the compromise petition and pray to dispose of the appeal, in terms of compromise petition. 4. The compromise petition is placed on record. 5. The appeal is disposed off in terms of the compromise petition. 6. The office is directed to draw a decree in terms of compromise petition. - 6 - NC: 2025:KHC-D:2169-DB RFA No. 100274 of 2015 7. The office is directed to refund the court Fee as per Section 66 of Karnataka Court Fees and Suits Valuation Act, 1958 in favour of the appellants. Sd/- (ASHOK S. KINAGI) JUDGE Sd/- (UMESH M ADIGA) JUDGE AG List no.: 1 Sl no.: 2