- 1 - HC-KAR NC: 2026:KHC:23943-DB RFA No. 702 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF APRIL, 2026 PRESENT THE HON'BLE MRS. JUSTICE ANU SIVARAMAN AND THE HON'BLE MS. JUSTICE TARA VITASTA GANJU REGULAR FIRST APPEAL NO. 702 OF 2025 (EJE) BETWEEN: S. VENKATESH, S/O SAMPANGI, AGED ABOUT 47 YEARS, RESIDING AT NO.404, SAI MADHURA APARTMENT, 9TH CROSS, J.P. NAGAR, 1ST PHASE, BENGALURU - 560 078. ALSO AT: MR. S. VENKATESH S/O SANGANGI, AGED ABOUT 47 YEARS, M/S SKANDA CONSTRUCTION, NO.6 FIRST FLOOR, 12TH CROSS, J.P. NAGAR, 2ND PHASE, BENGALURU - 560 078 …APPELLANT (BY SRI. BHARATH B. YADAV, ADV. FOR SRI. MURALIDHAR H. M., ADVOCATE) AND: MRS.A.ARUNA NAGARAJ W/O A.NAGARAJA NAIDU Digitally signed by RAKSHA Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:23943-DB RFA No. 702 of 2025 AGED ABOUT 65 YEARS R.AT NO.E-269M 4TH B MAIN, SANTHRUPTHI NAGAR, J.P.NAGAR, 7TH PHASE, BENGALURU. - 560078, REPRESENTED BY HER GPA HOLDER MR. A NAGRAJA. …RESPONDENT (BY SRI. SHRIKAR A.J., ADV. FOR SRI. MARIAPPA M.S.,ADVOCATE) THIS RFA IS FILED UNDER SECTION 96 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 22.02.2021 PASSED IN OS.NO.7423/2019 ON THE FILE OF THE XLIII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU, (CCH-44) PARTLY DECREEING THE SUIT FOR EJECTMENT AND FOR MESNE PROFITS. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN and HON'BLE MS. JUSTICE TARA VITASTA GANJU - 3 - HC-KAR NC: 2026:KHC:23943-DB RFA No. 702 of 2025 ORAL JUDGMENT (PER: HON'BLE MRS. JUSTICE ANU SIVARAMAN) We have heard the learned counsel appearing on either side. 2. The parties have entered into memorandum of settlement. It is submitted that the dispute between the parties have been settled through mediation and the memorandum of settlement under Section 89 of CPC r/w Rules 24 and 25 of the Karnataka Civil Procedure (Mediation) Rules, 2005 is also placed on record. The memorandum of settlement reads as follows: "MEMORANDUM OF SETTLEMENT UNDER SECTION 89 OF CPC READ WITH RULES 24 AND 25 OF THE KARNATAKA CIVIL PROCEDURE (MEDIATION) RULES, 2005 I. The Appellant has filed the above Appeal against the Respondent against the judgment and decree dated 22.02.2021 passed in O.S. No.7423/2019 on the file of the XLIII Addl. City Civil and Sessions Judge, Bengaluru (CCH-44), to set aside the said Judgment and decree. II. The aforesaid appeal was referred to mediation for resolving the dispute between the parties. In the course of mediation, the appellant and the respondent represented by GPA holder A Nagaraja, along with their respective counsels were present, identified each other and they have resolved their dispute and have agreed to the following terms and conditions:- - 4 - HC-KAR NC: 2026:KHC:23943-DB RFA No. 702 of 2025 1. The Appellant and Respondent after multiple rounds of mediation and negotiation, agreed that the Appellant shall pay an aggregate sum of Rs.5,00,000/- (Five Lakh Only) to the Respondent against all claims made by the Respondent against the Appellant. 2. The Appellant agrees to pay a sum of Rs.5,00,000/- (Five Lakh Only) to the Respondent on or before 15.08.2026. If appellant doesnot pay entire amount of Rs.5,00,000/- on or before 15.08.2026, the appellant agreed to pay entire decreetal amount and set out execution 314/2023 (Which is pending before CCH-44). 3. Apart from the above they have no other claims against each other. III. In view of the aforesaid agreement entered into between the parties, the parties pray that this Hon'ble Court be pleased to pass appropriate order in terms of this agreement. IV. Parties will appear before the Hon'ble Court as per the directions of the counsels for passing appropriate orders in terms of their agreement." 3. In the light of the settlement between the parties, recording the same, this appeal is disposed of in terms of the settlement. The decree shall be drawn accordingly. The parties shall abide by the terms of the settlement. Registry shall refund the eligible Court fee, if any, to the appellant on proper identification. - 5 - HC-KAR NC: 2026:KHC:23943-DB RFA No. 702 of 2025 Pending application (s), if any, also stand disposed of. Sd/- (ANU SIVARAMAN) JUDGE Sd/- (TARA VITASTA GANJU) JUDGE PN List No.: 3 Sl No.: 8