- 1 - HC-KAR NC: 2025:KHC:38740 RFA No. 684 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S RACHAIAH REGULAR FIRST APPEAL NO.684 OF 2021 (DEC/INJ) BETWEEN: 1. SRI ANBALAGAN S/O C.MUNISWAMY AGED 62 YEARS (NOT CLAIMING ANY BENEFITS UNDER SENIOR CITIZEN) 2. SMT.TAMILARASI W/O ANBALAGAN AGED 53 YEARS BOTH ARE R/AT NO.16 KRISHNAPPA COMPOUND CHIKKABANASADI BANGALORE-560 043 …APPELLANTS (BY SRI. HANUMANTHAPPA HARAVI., ADVOCATE) AND: 1. SRI JABBAR SINGH SODHA S/O GANPATH SINGH SODHA AGED 55 YEARS R/AT NO.217, 4TH FLOOR Digitally signed by SREEDHARAN BANGALORE SUSHMA LAKSHMI Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:38740 RFA No. 684 of 2021 DC PLAZA, A.S.CHAR STREET BANGALORE-53 2. THE MANAGER CITY FINANCIAL CONSUMER FINANCE INDIA LIMITED MOUNT CARMEL COLLEGE BRANCH, BANGLAORE 3. KOTAK MAHINDRA BANK REP BY ITS MANAGER SREE COMPLEX NO.58/89, T.BLOCK GROUND FLOOR BHAVANI HOUSING CO OPERATIVE SOCIETY, NEAR DEVEGOWDA PETROL BUNK, OPP MANE THINDI BSK III STAGE,BANGALORE-85 …RESPONDENTS (BY SRI.FRANCIS XAVIER, ADVOCATE FOR R3) THIS RFA IS FILED UNDER SECTION 96 OF CPC AGAINST THE ORDER DATED 02.07.2021 PASSED ON IA No. 10 IN OS.No.1202/2012 ON THE FILE OF THE XVIII ADDITIONAL CITY CIVIL JUDGE, BENGALURU, ALLOWING THE IA No.10 FILED UNDER ORDER VII RULE 11 OF CPC R/W SEC.34 AND 35 OF SARFAESI ACT AND PLAINT IS REJECTED. - 3 - HC-KAR NC: 2025:KHC:38740 RFA No. 684 of 2021 THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S RACHAIAH ORAL JUDGMENT 1. Heard Sri Hanumanthappa B. Haravi, learned counsel for the appellants and Sri Francis Xavier, learned counsel for the respondent No.3. 2. This Regular First Appeal is filed by the appellants under Section 96 of the Code of Civil Procedure, 1908 (for short ‘C.P.C.’), seeking to set aside the order on I.A.No.10 passed by the XVIII Additional City Civil and Sessions Judge, Bengaluru City (CCH.No.10) dated 02.07.2021 passed in O.S.No.1202/2012 filed by the respondent No.3 under Order 7 Rule 11 of the Code of Civil Procedure (for short ‘CPC’) r/w Sections 34 and 35 of The Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short ‘SARFAESI Act). - 4 - HC-KAR NC: 2025:KHC:38740 RFA No. 684 of 2021 3. During the pendency of the appeal, both learned counsels submit that the parties have settled the dispute amicably and filed I.A.No.1/2025 for Joint Compromise Petition dated 16.09.2025 under Order XXIII Rule 3 of the CPC along with affidavit and copy of the proceedings in D.P.No.30/2025. The same are taken on record. 4. The Joint Compromise Petition is duly signed by the appellants, the respondent No.3 and their respective counsels. 5. The averments of the Joint Compromise Petition read thus: JOINT COMPROMISE PETITION UNDER ORDER XXIII RULE 3 C.P.C. For the reasons stated in the accompanying affidavit, it is humbly prayed that this Hon'ble Court may kindly be pleased to decree the R.F.A in the light of compromise, full and final settlement arrived at between the Appellants and Respondents in the light of D.P.No.30/2025 on the file of the District Legal Services Authority, Bengaluru Urban, dated 09- 09-2025 and kindly allow this petition in the interest of justice and equity. - 5 - HC-KAR NC: 2025:KHC:38740 RFA No. 684 of 2021 SCHEDULE All that piece and parcel of property bearing old house list No.224/2 New Bangalore Mahanagara Palike No.16 PID No.84-2-16, situated at Chikkabanasawadi, coming under the BBMP ward No.84 Bangalore measuring to an extent of East to West 20 feet North to South 40 feet, in total 800 Sq. feet together with 10 squares building consisting of ground plus 2 floors bounded on:- East by: Property belonging to V.Kantha West by: Property belonging to Mastan North by: Owners property South by: 30 feet road, 6. Having considered the submissions of the learned counsel for the respective parties and also the averments of the Joint Compromise Petition, the compromise entered into between the plaintiffs / appellants and defendant No.3 / respondent No.3 / defendant No.3, as per the order dated 09.09.2025 passed by the District Legal Services Authority, Bengaluru Urban, is accepted. 7. Accordingly, I proceed to pass the following: - 6 - HC-KAR NC: 2025:KHC:38740 RFA No. 684 of 2021 ORDER i) I.A.No.1/2025 is allowed. The Regular First Appeal stands disposed of in terms of the Joint Compromise Petition. ii) The matter is referred back to the Trial Court for adjudication of title over the property. iii) Draw the decree accordingly. iv) No order as to costs. v) In view of the disposal of the main appeal, interim applications, if any, stand disposed of. Sd/- (S RACHAIAH) JUDGE Bss List No.: 3 Sl No.: 8