- 1 - HC-KAR NC: 2026:KHC:7311 RSA No. 697 of 2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE ASHOK S.KINAGI REGULAR SECOND APPEAL NO. 697 OF 2017 (SP) BETWEEN: SRI. M L DEVARAJU S/O LATE M LINGE GOWDA AGED ABOUT 52 YEARS R/O HARIHARAPURA VILLAGE KASABA HOBLI KRISHNARAJAPET TALUK PIN CODE:571605 …APPELLANT (BY SRI. RAMAKRISHNAIAH M G., ADV.) AND: 1. SRI. BASAVEGOWDA S/O LATE CHIKKEGOWDA AGED ABOUT 60 YEARS R/O HOSAHOLALU VILLAGE KASABA HOBLI Digitally signed by SUNITHA K S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:7311 RSA No. 697 of 2017 K R PETE TALUK PIN CODE:571426 2. THE SUB REGISTRAR K R PETE TALUK K R PET PIN CODE-571426 …RESPONDENTS (BY SRI. B ROOPESHA, ADV. FOR R1, SRI. H.K.KENCHEGOWDA, AGA FOR R2) THIS RSA IS FILED UNDER SEC.100 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 15.12.2016 PASSED IN RA NO.49/2013 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC., K.R.PET, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 11.09.2013 PASSED IN OS NO.213/2008 ON THE FILE OF THE CIVIL JUDGE AND JMFC., K.R.PET. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 3 - HC-KAR NC: 2026:KHC:7311 RSA No. 697 of 2017 CORAM: HON'BLE MR. JUSTICE ASHOK S.KINAGI ORAL JUDGMENT The appellant and the respondents are present before the Court, and they are identified by their respective counsel. 2. The appellant and the respondents have filed a compromise petition, which reads as follows: “1. The appellant preferred the above said Regular Second Appeal for set-aside the judgment and decree dated:11-9-2013 passed in O.S.No.213/2008 on the file of the Civil Judge and J.M.F.C at K.R.Pet and the judgment and decree dated: 15-12-2016 passed in R.A.NO.49/2013 on the file of the Senior Civil Judge and J.M.F.C. at K.R.Pet. 2. In view of the advice of the well-wishers and intervention of friends and parties both the parties have agreed to settle the matter in respect of schedule property in amicable manner as stated here under - 4 - HC-KAR NC: 2026:KHC:7311 RSA No. 697 of 2017 3. The appellant submits that, during the pendency of the above said Regular Second Appeal, the respondent No.1 herein had executed a registered sale deed dated:21-05-2020 which is registered as No.KJP-1-00152-2020-21 in C.D.NO.KJPD 473 in Book No.1 registered on 30-5-2020 in the office of the Sub-Registrar, Krishnarajapet, (K.R.Pet), Mandya District in respect of the landed property portion in Survey No. 163/31, M.R.No.56/1997-98 measuring 0.01.08 guntas (One and Half guntas) situated at Hosaholalu Village, Kasaba Hobli, Krishnarajapete Taluk, Mandya District in favour of the appellant towards the claim of the appellant for the relief of specific performance of Agreement dated: 02-06-2007 in the above said Regular Second Appeal. The appellant is fully satisfied with his claim and he will restrict his suit claim in respect of schedule property. 4. The respondent No.1 is hereby undertakes that he has no objections to register the mutation register, Katha, records of rights, (RTC) Survey documents and also entire revenue documents in pursuance to the registered sale deed dated:21-05- 2020 registered as No. K.JP-1-00152-2020-21 in C.D.No.KJPD 473 in Book No.1 registered on 30- 5-2020 in the office of the Sub-Registrar, Krishnarajapet, Mandya District in respect of the - 5 - HC-KAR NC: 2026:KHC:7311 RSA No. 697 of 2017 landed property portion in Survey No.163/31 Khata No.M.R.No. 56/1997-98 measuring 0-01-08 guntas (One and Half guntas) situated at Hosaholalu Village, Kasaba Hobli, Krishnarajapete Taluk, Madnya District. 5. 5. The respondent No.1 in the above said regular Second Appeal hereby undertakes to withdraw the objections filed by the respondent No.1's son Sri.Lokesha in the case No.RRT(NA)61/2020-21 dated: 19-8-2021 pending before the Tahasildar Court, K.R.Pet Taluk, K.R.Pet in respect of the Schedule Property. 6. The respondent No.1 has deposited a sum of Rs.1,00,510/- (Rupees One Lakh five hundred and ten) on 21-03-2017, on the file of the civil Judge and J.M.F.C at K.R.Pete in O.S.No.213/2008 and satisfied the decree. The respondent No.1 has no objections for the appellant to withdraw the above said deposited amount of Rs.1,00,510/-(Rupees One Lakh five hundred and ten) which is deposited on the file of the civil Judge and J.M.F.C at K.R.Pete in O.S.No.213/2008. 7. Hence in view of the above, the appellant prays that this Hon'ble Court be pleased to direct the office to refund of court fee of Rs.25,245/- (Rupees - 6 - HC-KAR NC: 2026:KHC:7311 RSA No. 697 of 2017 Twenty-five thousand two hundred forty-five) in favour of the appellant, which was paid in the above said Regular Second Appeal. WHERFORE, the appellant and the respondent No.1 herein prays that this Hon'ble court be pleased to dispose of the above case according to these compromise petition in the interest of justice, enquiry and good conscience. SCHEDULE PROPERTY All that piece and parcel of land bearing Survey No. 163/31, Mutated Vide M.R.No.56/1997- 98, measuring 0.01.08 guntas (One and Half guntas) situated at Hosaholalu Village, Kasaba Hobli, Krishnarajapete Taluk, Mandya District bounded on the: East by : Block No. 1 Belonged to Vendor. West by:15 feet Road in Karab land, North by: Property of Ravi in Block No.1, South by: Property of Kattaraghatta Ramesh.” 3. The contents of the compromise petition are read over, and explained to the parties in Kannada language known to them. They have accepted the terms - 7 - HC-KAR NC: 2026:KHC:7311 RSA No. 697 of 2017 and conditions of the compromise petition, and accordingly, prays to dispose of the instant appeal in terms of the compromise petition. 4. The compromise petition is taken on record. 5. Perused the compromise petition, and I am satisfied that the terms and conditions of the compromise petition are lawful. 6. In the circumstances, I do not find any legal impediment to accept the compromise arrived at, between the parties, and to dispose of this appeal by a decree of compromise. Accordingly, I proceed to pass the following: ORDER (i) This Regular Second Appeal is disposed of in terms of the compromise, arrived at between the parties. - 8 - HC-KAR NC: 2026:KHC:7311 RSA No. 697 of 2017 (ii) The Office is directed to draw up the decree in terms of the compromise petition. (iii) The Office is directed refund the Court fee in favour of the appellant as per section 66 of the Karnataka Court Fee and Valuation Act, 1958. (iv) In view of the disposal of the appeal, pending interlocutory applications, if any, stand disposed of. Sd/- (ASHOK S.KINAGI) JUDGE SSB