- 1 - HC-KAR NC: 2026:KHC:5594 RSA No. 62 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE RAVI V HOSMANI REGULAR SECOND APPEAL NO. 62 OF 2022 (SP) BETWEEN: SRI. S. GNANESHWARA S/O S. MALLAIAH AGED ABOUT 72 YEARS, AGRICULRURIST, R/O SIDDAGONDANAHALI VILLAGE, HOSADURGA TALUK CHITRADURGA DISTRICT - 577 527, …APPELLANT (BY SRI. SIDDAPPA B.M, ADVOCATE) AND: 1. SMT. G.M. VIJAYALAKSHMI W/O R. RANGAPPA AGED ABOUT 50 YEARS, HOUSE HOLD WORK AND AGRICULTURIST 2. SRI. R. RANGAPPA S/O LATE K.B.RUDRAPPA AGED ABOUT 56 YEARS, BOTH ARE Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:5594 RSA No. 62 of 2022 R/O MATHODU VILLAGE, MATHODU HOBLI, HOSADURGA TALUK CHITRADURGA DISTRICT - 577 527. 3. SRI. K.T. THIPPESWAMY S/O THIMMANNA AGED ABOUT 54 YEARS, AGRICULTURIST AND MERCHANT R/O AT 4TH CROSS, JOGIMUTT ROAD, CHITRADURGA TOWN - 577 501. …RESPONDENTS (BY SRI. GOPALAKRISHNAMURTHY C, ADVOCATE AND SMT. MANASA R, ADVOCATE FOR C/R1 AND C/R2; R3 DELETED VIDE COURT ORDER DATED 28.01.2026) THIS RSA IS FILED UNDER SECTION 100 OF CPC 1908., AGAINST THE JUDGMENT AND DECREE DATED 24.11.2021 PASSED IN RA.No.11/2019 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, HOSADURGA, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 25.02.2019 PASSED IN OS No.23/2011 ON THE FILE OF THE C/C PRINCIPAL CIVIL JUDGE AND JMFC, HOSADURGA. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE RAVI V HOSMANI - 3 - HC-KAR NC: 2026:KHC:5594 RSA No. 62 of 2022 ORAL JUDGMENT Challenging judgment and decree dated 24.11.2021 passed by Senior Civil Judge and JMFC, Hosadurga in R.A.no.11/2019 confirming judgment and decree dated 25.02.2019 passed by Prl. Civil Judge and JMFC., Hosadurga in O.S.no.23/2011, this Appeal is filed. 2. It was submitted suit for specific performance of agreement of sale dated 16.03.2006 was decreed and appeal was dismissed and during pendency of this Appeal, parties entered into compromise and terms of which are as follows : COMPROMISE PETITION UNDER ORDER XXII RULE 3 READ WITH SECTION 151 OF THE CODE OF CIVIL PROCEDURE The appellants and the respondents No.1 and 2 as per the advise of the well wishers and elderly persons in the village have agreed settle the dispute amicably as under: 1. The appellant has agreed to execute the sale deed in respect of suit item no.2 in favour of the respondents bearing Sy.No.64 (old no.48) measuring 4 acres assessed at Rs.1 = 40 situated at Siddagondanahalli Village, Mathodu Hobli, Hosadurga Taluk, Chitradurga District which is bounded as follows: East : Land - 4 - HC-KAR NC: 2026:KHC:5594 RSA No. 62 of 2022 Thirumallamma, West: Land bearing Sv. No:63 belongs appellant, North Gokatti, South; Land of Shivanna. 2. The respondents and appellant have agreed to got execute the sale deed from the appellant in respect of suit schedule item no:2 by bearing registration expenses and by obtaining necessary documents required for registration with all cooperation from the appellant for documents. 3. The respondents have given up their right interest whatsoever they are having under the sale agreement dated 6-7-2006 over the suit schedule Item No:1 in favour of appellant bearing Sy No:63 (old no:118) 2 Acre purchased by the respondents under the above said agreement out of 3 Acres 30 guntas situated at Siddagonanahalli Village, Mathodu Hobli, Hosadurga Taluk which is bounded As follows: East : Land bearing Sy no.64, West: Remaining portion of the land of the same Sy no, North Gokatti, South: Land of Shivanna. 4. Respondents have agreed that they have no right or interest over the suit schedule item no: 1 herein afterwards and the appellant at liberty to enjoy Item no: 1 property according to his wish and also to part with the same. 5. The appellant is hereby agreed to accept that respondents no 1 and 2 are the absolute owners of the suit schedule item no 2 property herein afterwards. 6. The appellant and respondents have agreed and accepted the terms of compromise with free will and - 5 - HC-KAR NC: 2026:KHC:5594 RSA No. 62 of 2022 consent and this compromise entered into without any fear or under undue influence. Therefore, the appellant and respondents 1 and 2 pray this Hon'ble court to pass the judgment and decree in terms of compromise by modifying the Judgment and decree passed by the learned Principal Civil Judge, Hosadurga in O.S No: 23/2011 dated 25-02-2019 and confirmed by learned Senior Civil Judge and JMFC Hosadurga in R.A 11/2019 dated 24-11-2021 in the interest of justice and equity." 3. Parties are present and identified by their respective counsel. On interaction, they have stated that terms of compromise have been explained to them and after understanding same, they affirmed it out of their free will and volition without any threat, coercion or undue influence from anybody. 4. Perused terms of compromise. They appear to be lawful. Compromise Petition is accepted. 5. Appeal is allowed to extent and in terms of compromise modifying judgment and decree dated 24.11.2021 passed by Senior Civil Judge and JMFC, Hosadurga in R.A.no.11/2019 confirming judgment and decree dated - 6 - HC-KAR NC: 2026:KHC:5594 RSA No. 62 of 2022 25.02.2019 passed by Prl. Civil Judge and JMFC., Hosadurga in O.S.no.23/2011. Registry is directed to draw decree incorporating terms of compromise and refund admissible Court fee. Sd/- (RAVI V HOSMANI) JUDGE HNM List No.: 1 Sl No.: 4