- 1 - HC-KAR NC: 2026:KHC:19263-DB RFA No. 1505 of 2014 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF APRIL, 2026 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MR. JUSTICE T.M.NADAF REGULAR FIRST APPEAL NO. 1505 OF 2014 (DEC/INJ) BETWEEN: SRI. MURTHY Y. S/O YELLAPPA, AGED ABOUT 50 YEARS, RESDING AT NO.6, 18TH CROSS, 20TH MAIN, J.P. NAGAR 5TH PHASE, S.M.S. LAYOUT, BANGALORE - 560 078 …APPELLANT (BY SRI. RAMESH ANANTHAN, ADVOCATE) AND: 1. M/S DHFL VYSYA HOUSING FINANCE LTD NO.20, ASHIRWAD, 9TH MAIN, 3RD BLOCK, JAYANGAR, BANGALORE - 560 011 REPRESENTED BY ITS MANAGING DIRECTOR 2. M/S. V.A.S. DEVELOPERS REPRESENTED BY ITS OWNER SRI. C.D.K. VIJAY RAVINDRA @ PURUSHOTHAMA RAJU AGED ABOUT 37 YEARS, S/O SRI. K. DAYANANDA RAJU, RESIDING AT 271, 3RD CROSS, 3RD MAIN J.P. NAGAR 3RD PHASE BANGALORE - 560 078 …RESPONDENTS ( BY SRI. B.S. ARAVINDA BABU, ADVOCATE FOR R1; NOTICE TO R2 HELD SUFFICIENT) Digitally signed by REKHA R Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:19263-DB RFA No. 1505 of 2014 THIS RFA IS FILED UNDER SECTION 96 READ WITH ORDER 41 RULE 1 OF CPC, AGAINST THE JUDGEMENT AND DECREE DATED 23.09.14 PASSED IN O.S.NO.9133/2013 ON THE FILE OF C/C XXXVII ADDL. CITY CIVIL JUDGE, CCH-38), BANGALORE, DISMISSING THE SUIT FOR DECLARATION AND PERMANENT INJUNCTION. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE D K SINGH and HON'BLE MR. JUSTICE T.M.NADAF ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE D K SINGH) This Court with the consent of the parties referred the matter to the Mediation Centre at High Court of Karnataka, Bangalore, vide Order dated 23.01.2026. 2. The parties have settled their dispute amicably through the process of mediation and they have filed Memorandum of Settlement under Section 89 of Code of Civil Procedure 1908 read with Rules 24 and 25 of the Karnataka Civil Procedure (Mediation) Rules, 2005. 3. The terms of settlement read as under: - 3 - HC-KAR NC: 2026:KHC:19263-DB RFA No. 1505 of 2014 "2. During the course of the mediation the Appellant has given a proposal of Rs.5,00,000/- (Rupees Five Lakhs Only) to the Respondent No.1 for release of Flat No.F-01, 1st Floor, measuring 1078 super built up area with one car parking space in basement of the multistoried building known as V.A.S.Residence situated at Note No.41 and 46 formed in converted Sy.No.84/2, Khata No.84, at Arakere Village,Begur Hobli, Bangalore South, coming under BBMP limits herein after called Schedule Property which was purchased by the Appellant from the 2nd Respondent during the subsistence of the mortgage by one Mr.Mohammad Mashiulla who was the principal borrower of the loan A/c No. 18800001558 with DHFL Vysya Housing Finance Ltd., now named as Aadhar Housing Finance Ltd.,. The Respondent No.1 has conveyed to the Appellant that his offer was considered and accepted by the management of the Respondent No.1 and accordingly the Appellant has today brought a demand draft in favour of Aadhar Housing Finance Ltd. bearing No.641744 dated 24.03.2026 issued by Karnataka Bank Ltd., BTM Layout Branch, Bengaluru, the same will be handed over to the Respondent No.1 at the time reporting this settlement before the Hon'ble Court. 3. The Respondent No.1 agreed that on receipt of the said demand draft it shall not initiate further legal - 4 - HC-KAR NC: 2026:KHC:19263-DB RFA No. 1505 of 2014 proceedings against the Appellant herein in future before any judicial forum/Tribunal for recovery of any outstanding amount in respect of loan A/c No 18800001558 with DHFL Vysya Housing Finance Ltd., now named as Aadhar Housing Finance Ltd. However this will not preclude the 1st Respondent from proceeding against Mr.Mohammad Mashiulla, the principal borrower for the remaining amount. It is further clarified that under no circumstance will the schedule property or the Appellant be in any manner or circumstance held liable on the failure Mr.Mohammad Mashiulla, the principal borrower to clear the balance amount. 4. The Respondent No.1 further agrees that it will not disturb the physical possession of the Appellant over the schedule property, which is being held and enjoyed by the Appellant herein. 5. Both the parties state that they have no claims of whatsoever nature against each other in future." 4. Parties have put their signatures on the Memorandum of Settlement along with Advocates. 5. Parties are present in the Court who have been duly identified by their respective Advocates. - 5 - HC-KAR NC: 2026:KHC:19263-DB RFA No. 1505 of 2014 6. We, therefore, dispose of the appeal in terms of the Compromise extracted above. 7. Let the compromise decree be drawn in terms of the compromise. 8. The appellant is entitled for refund of the court fee in accordance with law, as the appellant and respondents have entered into compromise before the admission of the appeal. 9. Pending applications, if any, stands disposed of. Sd/- (D K SINGH) JUDGE Sd/- (T.M.NADAF) JUDGE tsn* List No.: 1 Sl No.: 5