- 1 - HC-KAR NC: 2025:KHC:48166 RSA No. 1890 of 2013 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE ASHOK S.KINAGI REGULAR SECOND APPEAL NO. 1890 OF 2013 (SP) BETWEEN: SRI NANJUNDAPPA S/O SRI GANGAPPA, AGED ABOUT 54 YEARS, AGRICULTURIST, R/AT KAMANAKERE VILLAGE & POST, HIRENALLUR HOBLI, KADUR TALUK, CHIKMAGALUR DISTRICT - 577 116 …APPELLANT (BY SRI. NAIK N R., ADVOCATE FOR SRI. M. PRAKASH, ADVOCATE) AND: SRI JAYAPPA S/O SRI HALAPPA, AGRICULTURIST, MAJOR R/AT KAMANAKERE VILLAGE & POST HIRENALLUR HOBLI, KADUR TALUK, CHIKMAGALUR DISTRICT-577 116 …RESPONDENT (BY SRI. K T GURUDEVA PRASAD., ADVOCATE) Digitally signed by SUNITHA K S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:48166 RSA No. 1890 of 2013 THIS RSA IS FILED U/S. 100 OF CPC AGAINST THE JUDGEMENT & DECREE DTD 5.11.2013 PASSED IN R.A.NO.55/2008 ON THE FILE OF SENIOR CIVIL JUDGE AND JMFC, KADUR, ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGEMENT AND DECREE DTD 10.11.2008 PASSED IN OS.NO.65/2001 ON THE FILE OF PRINCIPAL CIVIL JUDGE (JR.DN.) AND JMFC, KADUR. THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE ASHOK S.KINAGI ORAL JUDGMENT The appellant and the respondent are present before the Court. The parties are identified by their respective learned counsel. They have filed a joint memo for compromise, which reads as follows: "1. The appellant is owner of suit schedule property. 2. The respondent is agreement holder. 3. The appellant and respondent are agree to compromise the matter. The appellant is going to pay a sum of Rs.10,00,000/- (Ten lakhs) to respondent within three months from today which is full and final settlement between the parties. 4. The respondent accepted to receive the said amount as full and final settlement. - 3 - HC-KAR NC: 2025:KHC:48166 RSA No. 1890 of 2013 5. Respondent has no objection to allow the appeal." 2. The contents of the joint memo is read over to the parties, in the language, known to them. They have understood and accepted the terms and conditions of the joint memo and prayed to dispose of the appeal in terms of joint memo. 3. The joint memo is taken on record. 4. Accordingly, the appeal is disposed of in terms of the joint memo. 5. The office is directed to draw decree in terms of joint memo. 6. It is made clear that, in case, if the appellant fails to pay the amount within time stipulated in the joint memo, liberty is reserved to the respondent to recover the said amount by due process of law. - 4 - HC-KAR NC: 2025:KHC:48166 RSA No. 1890 of 2013 In view of disposal of the appeal, pending IAs., if any, do not survive for consideration and are accordingly disposed of. Sd/- (ASHOK S.KINAGI) JUDGE SKS CT:KHV