- 1 - HC-KAR NC: 2025:KHC-D:13893 RSA No. 100767 of 2017 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 15TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE C M JOSHI REGULAR SECOND APPEAL NO. 100767 OF 2017 (SP-) BETWEEN: SRI. H.M. SOMASHEKHARA SWAMY S/O. LATE MARISWAMY, AGE: 68 YEARS, OCC. AGRICULTURIST, R/O. HATCHOLLI VILLAGE, TQ. SIRUGUPPA, DIST. BALLARI-583122. …APPELLANT (BY SRI. GODE NAGARAJA, ADVOCATE) AND: HEERA RAM JEE S/O. DEEPA RAM JEE, AGE: 41 YEARS, OCC. AGRICULTURIST, R/O. SIRUGUPPA, TQ. SIRUGUPPA, DIST. BALLARI-583121. …RESPONDENT (BY SRI. S.K. NADAMANI, ADVOCATE) THIS RSA IS FILED UNDER SECTION 100 OF CPC, 1908, PRAYING TO CALL FOR THE TRIAL COURT RECORDS AND ALLOW THE APPEAL AND SET ASIDE THE JUDGEMENT & DECREE DTD:15.11.2016 PASSED BY THE COURT OF I ADDITIONAL DISTRICT AND SESSIONS JUDGE BALLARI, IN R.A.NO.43/2014 AND THE JUDGMENT AND DECREE DTD 01.09.2014, PASSED BY THE LEARNED II ADDL. SENIOR CIVIL JUDGE, BALLARI IN O.S. NO.108/2011 AND THE SUIT MAY BE DISMISSED AS PRAYED FOR AND ETC. THIS APPEAL, COMING ON FOR ADMISSION THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: YASHAVANT NARAYANKAR Digitally signed by YASHAVANT NARAYANKAR Date: 2025.10.16 10:47:42 +0530 - 2 - HC-KAR NC: 2025:KHC-D:13893 RSA No. 100767 of 2017 ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE C M JOSHI) Learned counsel appearing for both the sides, together file a petition under Order XXIII Rule 3 of the Code of Civil Procedure, recording the settlement reached between the parties. The appellant and the respondent are present along with their counsels and are duly identified. 2. On perusal of the compromise petition, this Court is satisfied that the said settlement is legal and is in the interest of both the parties. The appellant who is present before this Court submits that he would pay a sum of Rs.19,00,000/- within the stipulated period mentioned in the compromise petition and on his failing to pay the said amount to the respondent, the respondent is at liberty to execute the decree for specific performance of the contract of agreement of sale. Therefore, the compromise entered into between the parties is accepted. 3. The impugned judgments of the Trial Court and the First Appellate Court are set-aside and the appeal is disposed off in terms of the compromise petition. A decree to be drawn in - 3 - HC-KAR NC: 2025:KHC-D:13893 RSA No. 100767 of 2017 terms of the compromise petition and the compromise petition shall be part of the decree. The Court fee paid is to be refunded to the appellant as per law. SD/- (C M JOSHI) JUDGE RKM/CT:PA List No.: 1 Sl No.: 37