- 1 - HC-KAR NC: 2025:KHC:27188 RSA No. 908 of 2014 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE ASHOK S.KINAGI REGULAR SECOND APPEAL NO. 908 OF 2014 (SP) BETWEEN: 1. SMT G K BHAGYAMMA AGED ABOUT 46 YEARS D/O KARIYAPPA W/O SRI H M GURUMURTHAPPA R/AT NO.1827/4 10TH CROSS, K T J NAGAR DAVANAGERE 577 002 2. SRI H M GURUMURTHAPPA AGED ABOUT 52 YEARS S/O SRI SHANKARAPPA R/AT NO.1827/4 10TH CROSS, K T J NAGAR DAVANAGERE 577 002 …APPELLANTS (BY SRI. D.R. BABU, ADVOCATE FOR SRI. B N JAYADEVA., ADVOCATE) AND: SRI B NAGESHWARA RAO AGED ABOUT 55 YEARS S/O SRI RAMACHANDRADU R/AT BELAVANUR VILLAGE DAVANAGERE TALUK - 577 002 …RESPONDENT (BY SRI. MARUTHI G.B., ADVOCATE) Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:27188 RSA No. 908 of 2014 THIS RSA IS FILED U/S. 100 OF CPC AGAINST THE JUDGEMENT & DECREE DTD 18.03.2014 PASSED IN R.A.NO.6/2013 ON THE FILE OF THE III ADDITIONAL SENIOR CIVIL JUDGE, DAVANAGERE. ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGEMENT AND DECREE DTD 23.11.2012 PASSED IN O.S.NO.186/2008 ON THE FILE OF THE PRINCIPAL CIVIL JUDGE (JR.DN.)., DAVANAGERE. THIS APPEAL, COMING ON FOR HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE ASHOK S.KINAGI ORAL JUDGMENT 1. The Appellants and the respondent are present before the Court, and they are identified by their respective counsel. 2. The appellants and the respondent have filed a compromise petition, which reads as follows: “1. The appellant filed the above appeal challenging the judgment and decree in R.A. No: 6/2013 dated 18/03/2014 passed by the Hon'ble III Addl. Civil Judge, (Sr. Div), at Davanagere and the judgment and decree in dated 23/11/2012 passed in O.S. 186/2008 on the file of the Hon'ble Principal Civil Judge (Jr.Div.) at Davanagere. - 3 - HC-KAR NC: 2025:KHC:27188 RSA No. 908 of 2014 2. It is respectfully submitted that the appellant is the respondent and the plaintiff is the defendant before the trial court. The plaintiff filed the suit for specific performance of contract in O.S. No: 186/2008 before the Hon'ble Principal Civil Judge (Jr.Div.) at Davanagere. The suit of the plaintiff partly decreed by the trial court vide its judgment and decree dated 23.11.2012. Aggrieved by the same the plaintiff has preferred appeal in R.A. No: 6/2013 before Hon'ble III Addl. Civil Judge, (Sr. Div), at Davanagere, which came to allowed and set aside the judgment of trial court. 3. It is further submitted that being aggrieved by the judgment and decree in R.A. No: 6/2013 dated 18/03/2014 passed by the Hon'ble III Addl. Civil Judge, (Sr. Div), at Davanagere the appellants/defendants preferred the present appeal. 4. It is further submitted that both the parties agreed and resolved their dispute amicably on the following terms and conditions: a) The plaintiff/respondent is agreed to pay sum of Rs.36,00,000/- (Rupees Thirty Six Lakhs Only) within three months from today - 4 - HC-KAR NC: 2025:KHC:27188 RSA No. 908 of 2014 without fail to the appellants/defendants as full and final settlement in respect of schedule property. b) The Appellants/defendants are agreed to receive Rs.36,00,000/- (Rupees Thirty Six Lakhs Only) from the plaintiff/respondent and agreed to execute the Registered sale deed in favour of the plaintiff/respondent without fail after receiving the above said amount from plaintiff/respondent with respect of suit schedule property covered under the agreement to sell dated 19.10.2006. c) The appellants/defendants are agreed to handover the possession of the suit schedule property to the plaintiff/respondent without fail immediately registration of sale deed. The defendants/appellants have no objection to change the revenue records In favour of the plaintiff/respondent. d) The plaintiff/respondent is no objection to refund the court fee paid by the defendants/appellants. - 5 - HC-KAR NC: 2025:KHC:27188 RSA No. 908 of 2014 Both the parties are hereby put their signature voluntarily, without any coercion, undue influence and with their free consent. Wherefore it is respectfully submit that the Hon'ble court be pleased to accept the above compromise petition and draw decree in terms of the above compromise.” 3. The contents of the compromise petition are read over, and explained to the parties in Kannada language known to them. They have accepted the terms and conditions of the compromise petition, and accordingly, prayed to dispose of the instant appeal in terms of the compromise petition. 4. The compromise petition is taken on record. 5. Perused the compromise petition and I am satisfied that the terms and conditions of the compromise petition are lawful. 6. In the circumstances, I do not find any legal impediment to accept the compromise arrived at between the parties, and to dispose of this appeal - 6 - HC-KAR NC: 2025:KHC:27188 RSA No. 908 of 2014 by a decree of compromise. Accordingly, I proceed to pass the following: ORDER (i) This Regular Second Appeal is disposed of in terms of the compromise arrived at between the parties. (ii) The Office is directed to draw up the final decree in terms of the compromise petition. (iii) The Office is directed refund the Court fee in favour of the appellants as per section 66 of the Karnataka Court Fee and Valuation Act, 1958. The Court fee shall be made over to appellant No.1 on the proper identification, and appellant No.2 has no objection to refund the Court fees in favour of appellant No.1. (iv) No order as to the costs. - 7 - HC-KAR NC: 2025:KHC:27188 RSA No. 908 of 2014 (v) In view of the disposal of the appeal, pending interlocutory applications, if any, stand disposed of. Sd/- (ASHOK S.KINAGI) JUDGE RK CT: KVH List No.: 1 Sl No.: 3