- 1 - HC-KAR NC: 2025:KHC:42660 RFA No. 1886 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR REGULAR FIRST APPEAL NO.1886 OF 2025 (SP) BETWEEN: SMT CHANDRAMMA W/O.ERANNA, AGED ABOUT 45 YEARS, R/O. K.CHANNASANDRA VILLAGE, KANAKANAGARA, NEAR GOVERNMENT SCHOOL, HORAMAVU POST, K.R.PURAM HOBLI, BENGALURU EAST TALUK, BENGALURU – 560 043. …APPELLANT (BY SRI. KIRAN KUMAR K., ADVOCATE) AND: 1. SRI PATALAPPA S/O. LATE PILLA DODDANNA, AGED ABOUT 41 YEARS. 2. SRI. MUNI KRISHNA, S/O. LATE PILLA DODDANNA, AGED ABOUT 39 YEARS. BOTH ARE RESIDING AT T.AGRAHARA VILLAGE, TARAHUNASE POST, YELAHANKA TALUK, BENGALURU DISTRICT. …RESPONDENTS (BY SRI. MURALI M, ADVOCATE) THIS RFA IS FILED UNDER SEC.96 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 28.06.2025 PASSED IN OS NO.853/2020 ON THE FILE OF I ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, DEVANAHALLI, PARTLY DECREEING THE SUIT FOR SPECIFIC PERFORMANCE. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:42660 RFA No. 1886 of 2025 CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR ORAL JUDGMENT In this *appeal, appellant has sought for the following reliefs:- “i) Set aside the judgment dated 28.06.2025 in O.S.No.853/2020 passed by the I Addl. Senior Civil Judge & JMFC, Devanahalli, Bengaluru Rural District. ii) Call for the Lower Court Records from I Addl. Senior Civil Judge & JMFC, Devanahalli, pertaining to the case in O.S.No.853/2020. iii) Such other or further relief as this Hon’ble High Court deems fit in the facts and circumstance of this case and in the interest of justice and equity.” 2. Learned counsel for the appellant – defendant and learned counsel for the respondents – plaintiffs have filed a Compromise Petition under Order 23 Rule 3 of CPC duly signed by the appellant, respondents and their respective counsel and the same is taken on record. 3. Appellant – defendant and her counsel and respondents and their counsel are physically present before the Court and they admit the contents of the Compromise Petition, which reads as under:- *Corrected vide Chamber order dated 24.11.2025. - 3 - HC-KAR NC: 2025:KHC:42660 RFA No. 1886 of 2025 “COMPROMISE PETITION UNDER ORDER 23 RULE 3 OF C.P.C: The appellant and respondents named above respectfully submits as hereunder: 1. It is submitted that the respondents herein filed suit for specific performance of contract in respect of suit schedule properties in OS No.853/2020 before 1st Addl. Senior Civil Judge, Devanahalli and the trial court by its judgment and decree dated 28.06.2025, pleased to decree the suit in part and thereby the appellant herein filed above appeal challenging the judgment and decree before this Hon'ble Court. 2. It is submitted that at the intervention of well-wishers and elders the parties have settled the dispute between them and accordingly the appellant herein agreed to pay a sum of Rs.5,50,000/- to the respondents and the respondents herein agreed to receive the above said amount as full and final settled amount. 3. It is submitted that in view of settlement the appellant herein paid a sum of Rs.3,00,000/- by way of DD bearing No. 392364, drawn on The Bengaluru District Central Co-op. Bank Ltd., in favour of respondent No.1 and a sum of Rs.2,00,000/- by way of DD bearing No.392363, drawn on The Bengaluru District Central Co-op. Ltd., in favour of respondent No.2 and a sum of Rs.50,000/- by way of cash/Phone-pay before this Hon'ble Court and the respondents herein received the settled amount as stated herein. - 4 - HC-KAR NC: 2025:KHC:42660 RFA No. 1886 of 2025 4. In view of settlement the judgment and decree passed by the trial court in OS No.853/2020, may be set aside and the above appeal may be allowed and the respondents have no claim in so far as suit schedule properties are concerned and the appellant can enjoy the suit properties as her absolute properties, without any obstruction from the respondents. Wherefore, the appellant and respondents prays that this Hon'ble Court may be pleased to record the compromise as stated above in the interest of justice and allow the above appeal in the interest of justice an equity.” 4. In view of the aforesaid settlement entered into between the appellant and respondents, I pass the following: ORDER (i) The appeal is hereby allowed and disposed of in terms of Compromise Petition dated 27.10.2025 (ii) The judgment and decree dated 28.06.2025 passed in O.S.No.853/2020 by the I Addl. Senior Civil Judge & JMFC, Devanahalli, is hereby set aside. Sd/- (S.R.KRISHNA KUMAR) JUDGE SV List No.: 4 Sl No.: 1