- 1 - HC-KAR NC: 2025:KHC:28461 RFA No. 1058 of 2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF JULY, 2025 BEFORE THE HON'BLE MS. JUSTICE JYOTI MULIMANI REGULAR FIRST APPEAL NO. 1058 OF 2017 (RES) BETWEEN: SATISH @ SATISH SHETTY S/O H.LAKSHMANA SHETTY, AGED ABOUT 38 YEARS, R/AT NO.841, "SRI. RAGHAVENDRA KRUPA", 1ST 'D' MAIN ROAD, MALEMAHADESHWARA LAYOUT, 9TH BLOCK, 2ND STAGE, NAGARABHAVI, BENGALURU, (AS SHOWN IN THE CAUSE TITLE OF THE JUDGEMENT & DECREE) BUT NOW R/AT FLAT NO.401, "POINER RESIDENCY", VOLAGERE HALLI, KENGERI SATELIGHT, BENGALURU-560 060. …APPELLANT (BY SRI. P.V.MANJUNATH., ADVOCATE) AND: M.G.SEETHAPRASAD S/O M.R. GOPAL RAO, AGED ABOUT 44 YEARS, R/AT NO.270, 1ST FLOOR, "SEETHA NIVAS", KHB COLONY, 1ST STAGE, 5TH MAIN, BASAVESHWARANAGAR, BENGALURU-560 079. …RESPONDENT (BY SMT. BHUSHANI KUMAR., ADVOCATE FOR C/R) Digitally signed by THEJAS KUMAR N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:28461 RFA No. 1058 of 2017 THIS REGULAR FIRST APPEAL IS FILED UNDER SECTION 96 AND ORDER 41 RULE 1 OF THE CODE OF CIVIL PROCEDURE. THIS REGULAR FIRST APPEAL IS LISTED FOR REPORTING SETTLEMENT, THIS DAY, THE JUDGMENT WAS DELIVERED AS UNDER: ORAL JUDGMENT Sri.P.V.Manjunath., counsel for the appellant and Smt.Bhushani Kumar., counsel for the respondent have appeared in person. 2. This is an appeal from the Court of the III Addl. City Civil and Sessions Judge, Bengaluru City (CCH-25). 3. Counsel for respective parties submits that during the pendency of the appeal, at their instance, the appellant and respondent have agreed to settle the dispute amicably. Hence, they filed a Memorandum of Compromise Petition under Order 23 Rule 3 of CPC. Counsel, therefore, submits that the Compromise Petition may be taken on record and the appeal may be disposed of in terms of the compromise petition. - 3 - HC-KAR NC: 2025:KHC:28461 RFA No. 1058 of 2017 The appellant and the respondent are physically present before the Court and they have been duly identified by their respective counsel. When queried, they stated that they have indeed settled the dispute and they have arrived at compromise/ settlement and the appeal may be disposed of in terms of the compromise/ settlement arrived by them. They further state that they have arrived at settlement on their own will and volition without there being any coercion and undue influence from any side. The oral submission and the compromise petition is placed on record. I have perused the same with utmost care. This Court finds that the terms of the Compromise Petition are lawful and that there is no legal impediment for accepting the same. 4. The Regular First Appeal is disposed of in terms of the compromise petition. The Judgment and Decree dated 30.03.2017 passed by the Court of III Addl. City Civil and Sessions Judge, Bengaluru City (CCH-25) in O.S.No.6322/2014 is modified in terms of the compromise petition. The suit is decreed in terms of the compromise petition. - 4 - HC-KAR NC: 2025:KHC:28461 RFA No. 1058 of 2017 The Registry concerned is hereby directed to draw the decree in terms of the compromise petition. The Registry concerned is also directed to refund the admissible Court fee as per the Karnataka Court Fee and Suits Valuation Act, 1958. Because of disposal of the appeal interim order granted by this Court stands discharged and all the pending I.As. stands disposed of. Sd/- (JYOTI MULIMANI) JUDGE TKN List No.: 1 Sl No.: 1