- 1 - HC-KAR NC: 2025:KHC:40097 RFA No. 46 of 2007 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA REGULAR FIRST APPEAL NO. 46 OF 2007 (SP) BETWEEN: SRI. I. ARMUGAM AGED ABOUT 64 YEARS S/O. LATE IYYASWAMY RESIDING AT PANCHAVATI COLONY SHIMOGA - 577 201 SHIMOGA DISTRICT. …APPELLANT (BY SRI. R BHADRINATH, ADVOCATE) AND: 1. SRI. RUDRAPPA @ RUDRESHI AGED ABOUT 54 YEARS S/O. LATE MAHADEVAPPA 2. SMT. SHIVAMMA AGED ABOUT 82 YEARS S/O. LATE MAHADEVAPPA 3. SMT. GOWRAMMA AGED ABOUT 57 YEARS D/O. LATE MAHADEVAPPA RESPONDENTS NO.1 TO 3 ARE RESIDING AT UMBLEBYLU VILLAGE, MIDIGE HOBLI SHIMOGA TALUK SHIMOGA DISTRICT - 577 201. Digitally signed by MALATESH K C Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:40097 RFA No. 46 of 2007 4. SRI. K. VENKATAPPA AGED ABOUT 45 YEARS S/O. RAJANNA RESIDING AT KHANDERAO BUILDING ACHUTHA RAO LAOUT SHIMOGA - 577 201 SHIMOGA DISTRICT. 5. SRI. JITENDRA KUMAR AGED ABOUT 35 YEARS S/O. KEVALCHAND 6. SRI. ANIL KUMAR AGED ABOUT 38 YEARS S/O. SARASUL/LATE NAGAR RESPONDENTS NO.5 AND 6 ARE R/AT MAHAVEERA COMPLEX BELGAUM - 577 302 BELGAUM DISTRICT. 7. SMT. VIJU BALUK AGED ABOUT 32 YEARS W/O. GOUTHAM RESIDING AT MUKESH TRADERS B.H. ROAD BHADRAVATHI - 577 304 8. SRI. PUNDALIKA RAO AGED ABOUT 41 YEARS S/O. HARIRAO RESIDING AT LALALAJAPATHRAO ROAD SHIMOGA - 577 201 SHIMOGA DISTRICT 9. SRI. ABHAYA RAJ AGED ABOUT 38 YEARS S/O. SAJJAN RAJ R/AT SRI. TRADING COMPANY B.H. ROAD - 3 - HC-KAR NC: 2025:KHC:40097 RFA No. 46 of 2007 SHIMOGA - 577 201 SHIMOGA DISTRICT. 10. SRI. D.P. KAMALAKAR AGED ABOUT 42 YEARS S/O. PUSHPAVATHI RESIDING AT LALALAJAPATHRAO ROAD SHIMOGA - 577 201 SHIMOGA DISTRICT. 11. SRI. ASHOK KUMAR AGED ABOUT 35 YEARS S/O. PARASMAL RESIDING AT SRI. TRADING CMPNAY B.H. ROAD SHIMOGA - 577 201. 12. SRI. B.V. NARAHAIRI AGED ABOUT 40 YEARS S/O. VENKATAPPA R/AT ACHUTHA RAO LAYOUT KHANDERAO BUILDING SHIMOGA - 577 201. 13. SRI. SABULAL AGED ABOUT 47 YEARS R/O. ASTIMAL JI RESIDING AT SRI. TRADING COMPANY B.H. ROAD SHIMOGA - 577 201. 14. SRI. B. HITHENDRA KUMAR AGED ABOUT 50 YEARS S/O. BHEEMARAJ RESIDING AT O.T. ROAD SHIMOGA - 577 201 15. SRI. MANIKYACHAND SAROJA AGED ABOUT 51 YEARS S/O. SARASMAL - 4 - HC-KAR NC: 2025:KHC:40097 RFA No. 46 of 2007 RESIDING AT SRI. TRADING COMPANY B.H. ROAD SHIMOGA - 577 201. 16. SRI. N. NARESHKUMAR AGED ABOUT 31 YEARS S/O. JABBARCHAND RESIDING AT O.T. ROAD BELGAUM - 577 201. 17. SRI. B. HARISHKUMAR AGED ABOUT 41 YEARS S/O. JEENARAJ R/AT O.T. ROAD COMPANY SHIMOGA - 577 201 SHIMOGA DISTRICT. 18. SMT. B. VIMALA DEVI AGED ABOUT 39 YEARS S/O. BABU JANMAL RESIDING AT O.T. ROAD SHIMOGA - 577 201 SHIMOGA DISTRICT. 19. SRI. S. ASHOKKUMAR AGED ABOUT 58 YEARS S/O. SAMPATHRAJ RESIDING AT SAMPATHRAJ TRADERS B.H. ROAD, BHADRAVATHI BHADRAVATHI - 577 302. 20. SRI. PRADEEP KUMAR AGED ABOUT 45 YEARS S/O. KADANORALAL RESIDING AT M.K.K. ROAD SHIMOGA - 577 201. SHIMOGA DISTRICT - 5 - HC-KAR NC: 2025:KHC:40097 RFA No. 46 of 2007 21. SRI. K. JABBARCHAND AGED ABOUT 57 YEARS S/O. SRASMAL RESIDING AT SRI. TRADING COMPNAY B.H. ROAD BELGAUM - 577 302. 22. SRI. J. RAKESH AGED ABOUT 29 YEARS S/O. KANMAL RESIDING AT R.K. AGENCY B.H. ROAD BHADRAVATHI - 577 302. 23. SRI. L. KHAJOO AGED ABOUT 31 YEARS S/O. KANMAN JAIN RESIDING AT TRADERS AND CO. B.H. ROAD, BHADRAVATHI BHADRAVATHI - 577 302. 24. SMT. B. SUMITHRA DEVI AGED ABOUT 37 YEARS W/O. BABULAL RESIDING AT M.K.K. ROAD SHIMOGA - 577 201 SHIMOGA DISTRICT. 25. SRI. S. VIJAYA RAJ AGED ABOUT 33 YEARS S/O. SAMPATH RAJ RESIDING AT KAVERI TRADERS A.P.M.C. YARD SHIMOGA - 577 201 SHIMOGA DISTRICT. 26. SRI. H.D. MOHAN SHASTRI AGED ABOUT 35 YEARS S/O. H.D. DATHATHRI SHASTRY RESIDING AT S.P.M. ROAD - 6 - HC-KAR NC: 2025:KHC:40097 RFA No. 46 of 2007 SHIMOGA - 577 201 SHIMOGA DISTRICT. 27. SMT. K. JAYANTHI AGED ABOUT 47 YEARS W/O. KENCHAND RESIDING AT SAMPATHRAJ TRADERS B.H. ROAD, BHADRAVATHI BHADRAVATHI - 577 302. 28. SRI. PRADEEP KUMAR AGED ABOUT 41 YEARS S/O. MANGILAL SINOLI RESIDING AT M.K.K. ROAD SHIMOGA - 577 201 SHIMOGA DISTRICT 29. SRI. K. GOUTHAM CHAND AGED ABOUT 40 YEARS S/O. KANMAL R/AT SRI. SAMPATH TRADING BHADRAVATHI - 577 302 30. SRI. KANTHILAL SAROJA AGED ABOUT 33 YEARS S/O. SASIMAL R/AT O.T. ROAD SHIMOGA - 577 201 SHIMOGA DISTRICT. 31. SRI. S. RAJESH KUMAR AGED ABOUT 44 YEARS S/O. SAMPTHRAJ R/AT SAMPATHRAJ TRADERS B.H. ROAD, BHADRAVATHI BHADRAVATHI - 577 302. 32. SRI. K. NARENDRA KUMAR AGED ABOUT 40 YEARS S/O. ANWAR LAL - 7 - HC-KAR NC: 2025:KHC:40097 RFA No. 46 of 2007 RESIDING AT M.K.K. ROAD SHIMOGA - 577 201 SHIMOGA DISTRICT. 33. SRI. B.V. VISHWANATH AGED ABOUT 51 YEARS S/O. VENKATESH RESIDING AT ACHUTHARAO LAYOUT KHANDERAO BUILDING SHIMOGA - 577 201 SHIMOGA DISTRICT. …RESPONDENTS (BY SRI. CHINMAY KULKARNI, ADVOCATE FOR R1 SRI. R. GOPAL, ADVOCATE FOR R1 SRI. CHANDRASHEKAR K., ADVOCATE FOR R8 AND R10 SRI. VISHWANATH R. HEGDE, ADVOCATE FOR R4, R12 AND R33 SRI. B.K. MANJUNATH, ADVOCATE FOR R5 TO R7, R9, R11, R13-25, R27-32 VIDE ORDER DATED 10.10.2025, R4 TO R33 ARE DELETED VIDE ORDER DATED 10.10.2025, R1 IS THE LR OF DECEASED R2 AND R3) THIS RFA IS FILED U/S 96 OF CPC AGAINST THE JUDGEMENT AND DECREE DATED 29.06.2006 PASSED IN O.S.NO.126/1994 ON THE FILE OF THE I ADDL. CIVIL JUDGE (SR.DN.) AND CJM., SHIMOGA, DISMISSING THE SUIT FOR RELIEF OF SPECIFIC PERFORMANCE OF CONTRACT. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE V SRISHANANDA - 8 - HC-KAR NC: 2025:KHC:40097 RFA No. 46 of 2007 ORAL JUDGMENT Learned counsel for the appellant has filed a memo which reads as under: The appellant states that the respondents No.4 to 33 have filed suits in O.S.No.235 of 2000 connected matters for the relief of declaration, permanent injunction & alternative recovery of money in respect of the suit schedule properties against the appellant and others on the file of II Additional Senior Civil Judge Shivamogga and same came to be dismissed as per judgment and decree dated 29.09.2016 in O.S.No.235 of 2000 & connected matters passed by the II Additional Senior Civil Judge Shivamogga. The respondents No.4 to 33 being aggrieved by the judgment and decree dated 29.09.2016 in O.S.No.235 of 2000 & connected matters passed by the II Additional Senior Civil Judge Shivamogga have preferred an appeals before the first appellate court in R.A.No.40 of 2016 and connected matters and same came to be dismissed as per judgment and decree dated 28.11.2024 in R.A.No.40 of 2016 and connected matters passed by the II Additional District & Sessions Judge Shivamogga and same has reached finality. Wherefore the appellant prays that this Hon'ble court be pleased to delete the respondents No.4 to 33 in the present appeal no relief is sought against the respondents No.4 to 33 by the appellant in the present appeal in view of subsequent development as stated - 9 - HC-KAR NC: 2025:KHC:40097 RFA No. 46 of 2007 above and same may be taken on record in the interest of justice and equity. 2. Placing the memo on record, respondents No.2 to 33 are deleted at the risk of the appellant. 3. Another memo is filed reporting the death of respondents No.2 and 3 and also stating that respondent No.1 is the only legal representative of respondents No.2 and 3, which reads as under: "The appellant states that the respondents No.2 and 3 died in the year 2910 and 2020 without legal representatives and the surviving legal representatives is only the respondent No.1 and same may be taken on record in the interest of justice and equity." 4. Matter was referred to mediation. Parties appeared before the mediation Centre and have settled the dispute before the Mediation Centre. 5. Settlement report is also received by this Court. - 10 - HC-KAR NC: 2025:KHC:40097 RFA No. 46 of 2007 6. Hence Office is directed to pass modified decree in terms of the settlement report appending the copy of the settlement report as part of the decree. Sd/- (V SRISHANANDA) JUDGE SNC CT-SG List No.: 1 Sl No.: 13