- 1 - HC-KAR NC: 2025:KHC:54314-DB RFA No. 1072 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF DECEMBER, 2025 PRESENT THE HON'BLE MRS. JUSTICE ANU SIVARAMAN AND THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL REGULAR FIRST APPEAL NO.1072 OF 2022 (SP) BETWEEN: SRI. SHAMBULINGEGOWDA S/O LATE BOREGOWDA, AGED ABOUT 59 YEARS, RESIDING AT SAHUKARA HUNDI GRAMA MADAGALLI DHAKALE YELWALA HOBLI, MYSURU TALUK 570026 …APPELLANT (BY SRI. PRAKASH Y.V., ADV. FOR SRI. Y. K. NARAYANA SHARMA, ADV.) AND: 1. SRI. MARINAYAKA S/O LATE JAVARANAYAKA, AGED ABOUT 43 YEARS, 2. SMT. SUKANYA W/O MARINAYAKA AGED ABOUT 37 YEARS, 3. SRI. SAMPREETH Digitally signed by CHANNEGOWDA PREMA Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:54314-DB RFA No. 1072 of 2022 D/O MARINAYAKA AGED ABOUT 21 YEARS, 4. SRI BHARATH KUMAR S/O MARINAYAKA AGED ABOUT 19 YEARS, ALL ARE RESIDING AT SAHUKARA HUNDI GRAMA MADAGALLI DHAKALE YELWALA HOBLI, MYSURU TALUK 570026 …RESPONDENTS (BY SRI. GIRISH KUMAR B M., ADV. FOR R1-R4) THIS RFA IS FILED UNDER SECTION 96 R/W ORDER 41 RULE-1 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 04.03.2022 PASSED IN OS No.196/2018 ON THE FILE OF THE IV ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, MYSURU, DECREEING THE SUIT FOR REFUND OF EARNEST AMOUNT. THE SUIT WAS FILED FOR SPECIFIC PERFORMANCE OF CONTRACT. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN and HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL - 3 - HC-KAR NC: 2025:KHC:54314-DB RFA No. 1072 of 2022 ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL) This appeal is filed challenging the judgment and decree dated 04.03.2022 in O.S No.196/2018 passed by the Court of IV Additional Senior Civil Judge and JMFC at Mysuru. 2. During the pendency of this appeal, the parties have resolved the dispute amicably and filed Memorandum of Compromise Petition under Order XXIII Rule 3 of the Code of Civil Procedure, 1908. 3. We have perused the terms of the compromise petition. We are satisfied that the terms of the compromise are as per law and not opposed to public policy. Learned counsel for the appellant submits that he has received the demand draft as referred in the compromise petition. - 4 - HC-KAR NC: 2025:KHC:54314-DB RFA No. 1072 of 2022 4. The terms of the compromise petition reads as under: "The parties respectfully submit that at the intervention of elders and well-wishers the parties have settled their disputes and they have entered into the following terms:- 1. The appellants do not press the relief of specific performance of agreement to sell dated, 18.12.2014. 2. The parties further agreed that the Respondents will refund the sum of Rs.5,00,000/- (Rupees Five Lakhs) and pay additional sum of and totally Rs.5,00,000/-(Rupees Five Lakhs) and totally Rs. 10,00,000/- (Rupees Ten Lakhs) to the appellant. Hence the respondents have purchased a Demand Draft bearing No. 588791, dated 15/12/2025 for a sum of Rs.10,00,000/- (Rupees Ten Lakhs only) drawn on Karnataka Bank Ltd., Mysuru, in the name of the Appellant. The parties have agreed that the respondents will handover the said demand draft to the appellant at the time of recording this compromise by this Hon'ble Court. 3. The appellant confirms that he does not claim any right, title or interest over the suit schedule property based on the agreement to sell dated 18.12.2014. The Appellant and the Respondents confirm that they have no claim against each other. 4. The parties have entered in to this compromise voluntarily and without any force or coercion from anybody. - 5 - HC-KAR NC: 2025:KHC:54314-DB RFA No. 1072 of 2022 5. The Court Fee paid by the appellant in the above appeal be refunded to the appellant. Wherefore the parties respectfully pray that this Hon'ble Court be pleased to dispose of the above appeal based on the above terms, in the interest of justice and equity." 5. The appeal is disposed of in terms of the compromise petition. The Registry shall draw up decree in terms of the compromise. 6. Registry is directed to refund the eligible Court fee to the appellant on proper identification. Sd/- (ANU SIVARAMAN) JUDGE Sd/- (VIJAYKUMAR A. PATIL) JUDGE RAK List No.: 1 Sl No.: 36