- 1 - HC-KAR NC: 2025:KHC:29678-DB RFA No. 1180 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF JULY, 2025 PRESENT THE HON'BLE MRS. JUSTICE ANU SIVARAMAN AND THE HON'BLE MR. JUSTICE RAJESH RAI K REGULAR FIRST APPEAL NO. 1180 OF 2024 (SP) BETWEEN: MR. SANDEEP JAYANT SUKHTANKAR S/O JAYANT NARAYAN SUKHTANKAR AGED ABOUT 54 YEARS R/AT DOOR No.1301 HURRAH CITY OF JOY, J.S.D. ROAD MULAD (WEST), MUMBAI-400 080 MAHARASHTRA …APPELLANT (BY SMT. GEETHIKA M.A., ADVOCATE FOR SRI. MANU PRABHAKAR KULKARNI, ADVOCATE) AND: 1. MR. ACHANKUNJU S/O KANJACHAN AGED ABOUT 69 YEARS R/AT. SHAN VIEW HOUSE LAILA VILLAGE AND POST BELTHANGADY TALUK DAKSHINA KANNADA DISTRICT-574 214 2. MR. THOMAS JOSEPH S/O JOSEPH AGED ABOUT 56 YEARS ADVOCATE R/AT. MANNUR HOUSE CHEMPAMTHOTTY VILLAGE AND POST Digitally signed by CHANNEGOWDA PREMA Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:29678-DB RFA No. 1180 of 2024 TALIPARAMBA TALUK KANNUR DISTRICT KERALA-670 631 3. MR. MUHAMMED KUNJI S/O ABDUL KHADER AGED ABOUT 67 YEARS (AUTHORIZED AGENT OF MR. M.P. ABDUL RASSAK) R/AT. THASSIFA COTTAGE CHERUR POST KASARGOD DISTRICT KERALA-671 123 4. MR. P.M. SEBASTIAN S/O MANI THOMAS AGED ABOUT 62 YEARS R/AT. POOVAKKOTTU HOUSE KUNJARATHANAM P.O. KURUPANTHARA VAIKKOM TALUK KOTTAYAM DISTRICT KERALA-686 603 5. MS. SAFIA RAZAK W/O LATE ABDUL RAZZAK AGED ABOUT 59 YEARS RESIDING AT S.S. MANZIL, TAJ NAGAR ALAMPADY POST KASARAGUD TALUK AND DISTRICT KERALA STATE-671 123 6. MR. SHAFEEQ RAZZAK S/O LATE ABDUL RAZZAK AGED ABOUT 39 YEARS RESIDING AT S.S. MANZIL, TAJ NAGAR ALAMPADY POST KASARAGUD TALUK AND DISTRICT KERALA STATE-671 123 - 3 - HC-KAR NC: 2025:KHC:29678-DB RFA No. 1180 of 2024 7. MS. SEYIRA D/O LATE ABDUL RAZZAK AGED ABOUT 38 YEARS RESIDING AT S.S. MANZIL, TAJ NAGAR ALAMPADY POST KASARAGUD TALUK AND DISTRICT KERALA STATE-671 123 8. MS. SHYLA D/O LATE ABDUL RAZZAK AGED ABOUT 35 YEARS RESIDING AT S.S. MANZIL, TAJ NAGAR ALAMPADY POST KASARAGUD TALUK AND DISTRICT KERALA STATE-671 123 9. MS. SHYMA D/O LATE ABDUL RAZZAK AGED ABOUT 33 YEARS RESIDING AT S.S. MANZIL, TAJ NAGAR ALAMPADY POST KASARAGUD TALUK AND DISTRICT KERALA STATE-671 123 …RESPONDENTS (BY SRI. P. USMAN, ADVOCATE FOR C/R1; SRI. GIRISH B. BALADARE, ADVOCATE FOR R4; R3, R5, R7, R8 & R9 ARE SERVED AND UNREPRESENTED) THIS RFA IS FILED UNDER SEC.96 R/W ORDER 41 RULE 1 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 20.03.2024 PASSED IN OS No.11/2018 ON THE FILE OF SENIOR CIVIL JUDGE AND JMFC, N.R. PURA, ITINERATE AT SRINGERI, DECREEING THE SUIT FOR SPECIFIC PERFORMANCE OF CONTRACT AND ETC. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 4 - HC-KAR NC: 2025:KHC:29678-DB RFA No. 1180 of 2024 CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN and HON'BLE MR. JUSTICE RAJESH RAI K ORAL JUDGMENT (PER: HON'BLE MRS. JUSTICE ANU SIVARAMAN) It is submitted that the appellant and respondent No.1 have settled the inter-se dispute and are entering into a compromise on the following terms; "1. During the pendency of the present appeal, the Appellant and the Respondent No.1 have amicably settled the disputes between themselves at the intervention of elders, common friends and are entering into a compromise on the following terms:- a. In full and final settlement of all and any claims, right, title and interest whatsoever of the Respondent No.1 over the Schedule Properties in terms of the agreement to sell dated 22.09.2008 executed by the Respondent No.2 and Late Mr. P.B. Abdul Razak through the Respondent No.3 (his alleged agent) in favour of the Respondent No.1, the Appellant shall pay the Respondent No.1 a sum of Rs. 2,75,00,000/- (Rupees Two Crores Seventy-Five Lakhs) (the "Settlement Amount") in the following manner: i. Rs. 25,00,000/- (Rupees Twenty-Five Lakhs) by way of Cheque bearing No.000166 drawn on ICICI Bank, Mumbai- Mulund Station Road Branch, to be honoured on 15.05.2025. ii. Rs. 50,00,000/- (Rupees Fifty Lakhs) by way of Cheque bearing No.000167 drawn on ICICI Bank, Mumbai-Mulund-Station Road Branch, to be honoured on 15.09.2025. - 5 - HC-KAR NC: 2025:KHC:29678-DB RFA No. 1180 of 2024 iii. Rs. 2,00,00,000/- (Rupees Two Crores) by way of Cheque bearing No. 000168 drawn on ICICI Bank, Mumbai-Mulund Station Road Branch, to be honoured on 15.09.2027 or within fifteen days from the date of receipt of the entire compensation by the Appellant from the Government / Sale of the Schedule Properties as the case may be, whichever occurs earlier. Upon receipt of the entire compensation from the Government or private party, the Appellant shall issue a notice to the Respondent No. 1 informing him of such receipt and shall issue a fresh cheque or pay or transfer the amount under a valid receipt to be issued by the Respondent No.1. b. The Respondent No.1 agrees not to claim any right, title or interest on the Schedule Properties whatsoever including but not limited to any right, title, or interest based on the sale agreement dated 22.09.2008 executed between the Respondent No.1, the Respondent No.2 and Late Mr. P.B. Abdul Razak through the Respondent No.3 (his alleged agent), sale agreement dated 28.09.2007 between the Respondent No.4 and the Respondent No.2, sale agreement dated 25.02.2008 between Respondent No.2 and Late Mr. P.B. Abdul Razak and/or any other instrument, in any manner. c. The Respondent No.1 agrees that the right, title, and interest over the Item Nos. 2, 3 and 4 vests with the Appellant under the sale deed dated 27.01.2012 registered on 15.05.2012 bearing Document No. SNG- 1-00106-2012-13. d. The Respondent No.1 agrees not to claim any right, title or interest on Item No.1 of the Schedule Properties whatsoever and gives up his right over the same. - 6 - HC-KAR NC: 2025:KHC:29678-DB RFA No. 1180 of 2024 e. The Respondent No.1 further agrees that he shall not directly or indirectly interfere with the Appellant's peaceful possession and enjoyment of the Schedule Properties. f. The Respondent No.1 agrees to execute, deliver, and register, if necessary, all such deeds, releases, discharges, and other documents to give effect to this compromise petition including but not limited to subscribing as a consenting witness to the execution of any deed of conveyance by the Appellant to any proposed purchaser of the Schedule Properties as may be required on the payment of the Settlement Amount. g. The Respondent No.1 agrees that he irrevocably waives any and all future claims, demands, or actions with respect to the Schedule Properties as per this compromise petition. The Respondent No.1 further undertakes that he shall not, at any time in the future, make any claim or assertion of any right, title, or interest in the Schedule Properties, either directly or indirectly or take any stance adverse to the Appellant's right over the Schedule Properties in any legal proceedings except in terms of this compromise petition. h. The Appellant and the Respondent No.1 agree that the Settlement Amount paid by the Appellant and the terms of this compromise petition are final, binding, conclusive, and irrevocable. i. The Respondent No.1 further agrees and confirms that this compromise petition extinguishes all past, present, and future claims, if any, and the Respondent No.1 shall not be entitled to raise any dispute or make any claims in respect of the Schedule Properties. However, the Respondent No.1 shall be entitled to claim and recover the Settlement Amount as per the terms of this compromise petition. j. The Respondent No.1 hereby acknowledges that the Settlement Amount is fair, just, and adequate. The - 7 - HC-KAR NC: 2025:KHC:29678-DB RFA No. 1180 of 2024 Respondent No.1 confirms and accepts the Settlement Amount as full and final satisfaction of all and any right, title, or interest he had/may have had on the Schedule Properties. k. In the event the Respondent No.1 fails to comply with these compromise terms, the Appellant is entitled to take all necessary steps under law to ensure the compliance and enforcement of the compromise terms and/or to take all such actions and avail all such remedies as may be available to him under law. l. In the event the Appellant fails or neglects to either to honour all or any of the cheques issued under this compromise or does not make the payments as aforesaid in full and final settlement, the said act shall be deemed to be willful disobedience of the terms of the compromise amounting to contempt of court and the Respondent No.1 shall be at liberty to enforce the payment thereof by filing such petition before this Hon'ble Court without prejudice to any other remedy available to Respondent No.1 under this compromise petition. m. The Appellant and the Respondent No.1 acknowledge that these compromise terms contain the complete understanding amongst parties. These compromise terms supersede any prior agreements and representations amongst the Appellant and the Respondent No.1, whether written or oral. 2. This compromise petition is entered into with free will, own volition and without any force, coercion, misinterpretation or mistake and parties have well understood the terms thereof and are bound by the same. 3. The Appellant and the Respondent No.1 agree that the present appeal be disposed of in terms of this compromise petition entered between the parties. 4. The parties submit that none of the other Respondents have any right title or interest over the Schedule Properties as nothing has been claimed in O.S. - 8 - HC-KAR NC: 2025:KHC:29678-DB RFA No. 1180 of 2024 No.11/2018 against any of the other parties. No counter claim with respect to the Schedule Properties was raised by any of the other Respondents. The other parties are only formal parties and not necessary parties to the lis. In these circumstances, the Appellant and the Respondent No.1 are entitled to execute this compromise petition and seek disposal of the matter by settlement of their disputes with respect to the Schedule Properties." 2. It is submitted that respondent No.4 has no objection to the compromise entered into between the appellant and respondent No.1 and other respondents have contended that their rights had been passed to respondent No.1. It is submitted that respondents No.5 to 9 were placed ex-parte before the Court below and that they did not raise any contention as such. 3. Having considered the contentions advanced and having heard the learned counsel for the appellant, respondents No.1 and 4 and also having regard to the terms of the compromise, we are of the opinion that the compromise petition may be allowed. 4. The appellant and respondent No.1 are present in person before the Court today and are duly identified by - 9 - HC-KAR NC: 2025:KHC:29678-DB RFA No. 1180 of 2024 their respective counsel. The compromise entered into between the appellant and respondent No.1 is recorded. It is also recorded that respondent No.4 has no objection to the compromise entered into between the appellant and respondent No.1. 5. Appeal is disposed of in terms of the compromise petition entered into between the appellant and respondent No.1. All other contentions of the parties are left open. Sd/- (ANU SIVARAMAN) JUDGE Sd/- (RAJESH RAI K) JUDGE PN List No.: 1 Sl No.: 63