- 1 - HC-KAR NC: 2026:KHC:18101 RSA No. 1641 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR REGULAR SECOND APPEAL NO. 1641 OF 2022 (POS) BETWEEN: MANI S/O GANESHAPPA, AGED ABOUT 55 YEARS R/O EARLIER 2ND CROSS NAGAPPANAKERI SHIVAMOGGA - 577 201 PRESENTLY RESIDENT OF GOPALA, SHIVAMOGGA - 577 201 …APPELLANT (BY SRI. UMESH MOOLIMANI, ADVOCATE FOR SRI. S.V. PRAKASH, ADVOCATE) AND: RAZIYA BEGUM W/O ABDUL KARIM @ AHMED AGED ABOUT 44 YEARS R/O TUNGA NAGARA SHIVMOGGA - 577 201 …RESPONDENT (BY SRI. N. SHARADHA, ADVOCATE) THIS RSA IS FILED UNDER SECTION 100 OF CPC AGAINST THE JUDGMENT AND DECREE DATED 07.09.2022 PASSED IN R.A.No.141/2019 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND CJM SHIVAMOGGA ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGMENT AND DECREE DATED 12.09.2019 PASSED IN OS No.326/2012 ON THE FILE OF THE I ADDITIONAL CIVIL JUDGE AND JMFC, SHIVAMOGGA. Digitally signed by B LAVANYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:18101 RSA No. 1641 of 2022 THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE PRADEEP SINGH YERUR ORAL JUDGMENT This appeal is filed by the appellant/defendant challenging the judgment and decree passed by the first appellate Court in R.A.No.141/2019 by the Senior Civil Judge and CJM, Shivamogga, which reversed the judgment and decree dated 12.09.2019 passed by the first Additional Civil Judge and JMFC, Shivamogga, in O.S.No.326/2012. 2. The plaintiff filed a suit against the defendant for the relief of possession and for demolition of illegal construction made by the defendant over the suit schedule property. The suit came to be dismissed, aggrieved by which the plaintiff preferred first appeal before the Principal Senior Civil Judge and C.J.M., Shivamogga, where by the first appellate Court allowed the appeal, set aside the judgment and decree of the trial Court and - 3 - HC-KAR NC: 2026:KHC:18101 RSA No. 1641 of 2022 directed the defendant to hand over vacant possession of the suit schedule property to the plaintiff within three months from the date of decree, failing which the plaintiff was given the liberty to proceed against the defendant as per law. Aggrieved by the said judgment and decree passed by the first appellate Court, appellant/defendant preferred this appeal. 3. During the course of arguments in this appeal, the parties to the proceedings have entered into a memorandum of settlement under Section 89 of CPC read with Rules 24 and 25 of the Karnataka Civil Procedure (Mediation) Rules, 2005. The parties have resolved the dispute amicably, with an understanding to put an end to the litigation to maintain a good relationship. The mediation report along with the memorandum of settlement is placed before the court. 4. The parties to the proceedings are present before this Court i.e. the appellant and the respondent - 4 - HC-KAR NC: 2026:KHC:18101 RSA No. 1641 of 2022 who were the defendant and the plaintiff before the trial Court. In the mediation proceedings, parties appeared and arrived at the following terms of settlement, which 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 Brief Facts I. The plaintiff filed a suit in O.S.No.326/2012 before the first Additional Civil Judge and JMFC, Shivamogga for recovery of possession in respect of site bearing No.29 measuring 20x60 comprised in survey No.44/2P1 against which the plaintiff has filed a regular in RA No.141/2019 before the Principal Senior CJM at Shivamogga which came to be allowed by reversing the judgment and decree passed by the trial Court. The defendant appellant being aggrieved with the same has preferred the above appeal. II. In this mediation proceeding, the parties of both sides appeared with their advocates and upon due mediation have arrived at the following points of settlement: 1. The respondent has agreed to give up an area measuring 15x20 feet which is in the occupation of the appellant who constructed a house and leaving therein along with a - 5 - HC-KAR NC: 2026:KHC:18101 RSA No. 1641 of 2022 vacant area measuring 15x20 in all measuring 20x30 towards the western side of the suit schedule property for the use and occupation of the appellant. The said portion of the property is morefully described at the Schedule as B Schedule Property to this agreement. 2. Further the appellant has agreed to pay a sum of Rs.3,50,000/-(Three Lakhs Fifty Thousand only) to the respondent herein by way of demand draft draw in favour of Smt. Raziya Begum who is the respondent herein on or before 02.04.2026 and the demand draft will be handed over before the Hon'ble Court at the time of reporting settlement. 3. Both the parties state that they have no claims of whatsoever nature against each other in future. 4. The parties further state that there has been no collusion or force, fraud or any undue influence by any of the parties to enter into this compromise in the aforesaid manner. SCHEDULE A SCHEDULE A residential house constructed of a bricks wall and roofing sheets situated at site No.29 formed out of the land in Sy. No.44/2p1 situated at Gopala, Kasaba I Hobli Shimoga Taluk, the house is constructed with in the - 6 - HC-KAR NC: 2026:KHC:18101 RSA No. 1641 of 2022 measurement of 20 ft x 60 ft by leaving some space on the east and western side of the property and bounded as follows: East by : Property of Gafoor Sab West by : Road North by : Road South by : Property of Manjunath B SCHEDULE Out of A Schedule property an area measuring 20 x 30 towards the Western side consisting of sheet roofed house in an extent of 20 x 15 and vacant area measuring 20 x 15 totally measuring 20 x 30 bounded on. East by : The remaining portion measuring 20 x 30 belongs to plaintiff Smt.Raziya Begum West by : House property of Manjunath North by : Cement concrete Road South by : House property of Gafoor Sab III. In view of the aforesaid agreement, both the parties and their respective GPA's pray that this Hon'ble court may be pleased to pass appropriate Judgment and Decree in terms of the aforesaid agreement. - 7 - HC-KAR NC: 2026:KHC:18101 RSA No. 1641 of 2022 IV. Parties will appear before the Hon'ble Court whenever this matter may get listed to seek the Judgment and decree in terms of this agreement." 5. It is agreed between the appellant and the respondent that the appellant/defendant would pay a sum of Rs.3,50,000/- to the respondent herein. The respondent would in turn give up 15 X 20 feet which is in the occupation of the appellant who constructed a house along with vacant area measuring 15 X 20 in all measuring 20 X 30 towards the western side of suit schedule property for the use and occupation of the appellant. 6. During the course of arguments, learned counsel for appellant-defendant and learned counsel for respondent-plaintiff along with the parties, have filed a compromise petition under Order XXIII Rule 3 of CPC, which reads as under: "1. It is submitted that the parties to the above case had settled the matter on 27-3-2026 through mediation and the various terms and - 8 - HC-KAR NC: 2026:KHC:18101 RSA No. 1641 of 2022 conditions are also set forth in the mediation report dated 27-3-2026. In furtherance of the said settlement/mediation report dated 27-3-2026, the parties to the appeal have further agreed that the plaintiff/respondent herein has agreed to execute the necessary document/sale deed in favour of the defendant/appellant herein within 3 months from today i.e.2-4-2026, at the cost of the defendant/appellant herein conveying the title in respect of the Schedule-B property mentioned in the mediation report/settlement in the event of default the parties are at liberty to seek execution of the same. The sum Rs.3,50,000/- in the form of Demand draft received as per the K.M.C. report." 7. In addition to the settlement agreement entered into between the parties before the Karnataka Mediation Centre, Bengaluru under Section 89 of the Code of Civil Procedure read with Rules 24 and 25 of the Karnataka Civil Procedure (Mediation) Rules, 2005, the present compromise petition is filed to put an end to the litigation in terms of the conditions stipulated therein, as well as in - 9 - HC-KAR NC: 2026:KHC:18101 RSA No. 1641 of 2022 furtherance of the settlement agreement dated 27.03.2026. 8. The respondent–plaintiff has agreed to convey right, title and interest over the schedule ‘B’ property, as described in the settlement agreement to an extent of 20 feet × 30 feet on the western side. The said portion consists of a sheet-roofed house measuring to an extent of 20 feet × 15 feet and a vacant area measuring to an extent of 20 feet × 15 feet, totally 20 feet × 30 feet bounded as specified in the schedule to the settlement agreement entered into between the parties before the Karnataka Mediation Centre, Bengaluru. 9. The appellant–defendant has agreed to pay a sum of ₹3,50,000/- (Rupees Thirty Lakhs Fifty Thousand only) towards transfer of title and ownership of the schedule ‘B’ property. Today, he has handed over the said sum of ₹3,50,000/- by way of a demand draft drawn on Bank of Baroda dated 31.03.2026, in favour of the respondent – - 10 - HC-KAR NC: 2026:KHC:18101 RSA No. 1641 of 2022 Raziya Begum. The same has been handed over in open Court. 10. The parties are physically present before the Court. This Court has enquired with both the appellant- defendant and the respondent-plaintiff, who submit that they have signed and executed the compromise petition after fully understanding its contents and the terms and conditions contained therein. The appellant-defendant has paid a sum of ₹3,50,000/- and the respondent-plaintiff acknowledges receipt of the same in open Court and agrees to transfer the right, title and interest in respect of the schedule ‘B’ property, as described in the settlement agreement, in favour of the appellant-defendant. The parties further submit that they have executed the compromise petition voluntarily, without any force, coercion or undue influence. They are identified by their respective learned counsels present before the Court. - 11 - HC-KAR NC: 2026:KHC:18101 RSA No. 1641 of 2022 11. In view of the compromise petition executed today and the settlement agreement dated 27.03.2026, the dispute between the parties stands amicably settled and the judgment and decree passed by the first Appellate Court stands modified in terms of the compromise petition entered into between the parties. The compromise petition and the settlement agreement shall form part of this judgment and decree. 12. Accordingly, I pass the following: ORDER i. This appeal is disposed of in terms of compromise petition; ii. The judgment and decree dated 07.09.2022 passed in R.A.No.141/2019 by the Principal Senior Civil Judge and CJM, Shivamogga is hereby set aside. iii. The impugned judgment and decree dated 07.09.2022 passed in R.A.No.141/2019 by the Principal Senior Civil Judge and CJM, - 12 - HC-KAR NC: 2026:KHC:18101 RSA No. 1641 of 2022 Shivamogga shall stand modified in accordance with the compromise petition filed today by the parties to the proceedings; iv. In view of the parties having amicably settled the matter, the appellant–defendant shall be entitled to a refund of the Court fee in terms of Section 66 of the Karnataka Court Fees and Suits Valuation Act, 1958. The Court fee shall be transmitted to the account of the appellant– defendant upon furnishing the relevant Bank details, including IFSC code upon proper verification; v. Registry is directed to draw the decree accordingly. Sd/- (PRADEEP SINGH YERUR) JUDGE RCK/CPN List No.: 1 Sl No.: 1