- 1 - HC-KAR NC: 2026:KHC:4547-DB RFA No. 2175 of 2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF JANUARY, 2026 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MS. JUSTICE TARA VITASTA GANJU REGULAR FIRST APPEAL NO. 2175 OF 2017 (SP) BETWEEN: 1. ESPIRE HOSPITALITY LIMITED HAVING ITS REGISTERED OFFICE PRESENTLY AT #SHOP NO.1, CONTRY INN MEHRAGAON, BHIMTAL, UTTARKHAND-248179 AND HAVING ITS CORPORATE OFFICE AT B-210, ANSAL CHAMBERS 1, BHIKAJICAMA PLACE, NEW DELHI-110066 REPRESENTED BY ITS AUTHORIZED REPRESENTATIVE MR MANOJ GUPTA S/O SHRI D N GUPTA, AGE 35 YEARS R/A H-1/004, PROVIDENT WELLWORTH APARTMENT YELAHANKA DODDABELLAPUR ROAD BANGALORE-560064 …APPELLANT (BY SRI. AJAY R.A., ADVOCATE) AND: 1. SMT. P JAYAMMA W/O LATE SRI M PUTTARAJ SINCE DEAD BY LRs., 1(a) SRI. P.MOHAN SUNDAR, S/O M PUTTARAJU, AGED ABOUT 71 YEARS, - 2 - HC-KAR NC: 2026:KHC:4547-DB RFA No. 2175 of 2017 1(b) SMT. P. SUMITHRA, W/O SRI. MUNIRAJAIAH, D/O N.M.PUTTARAJU, AGED ABOUT 66 YEARS, 1(c) SMT. P.ANUSUYA, W/O D.M.MUNIRAJU, D/O N M PUTTARAJU, AGED ABOUT 64 YEARS, 1(d) SRI. P.NAGESH, S/O LATE N M PUTTARAJU, AGED ABOUT 59 YEARS, 1(e) SRI. P.MARUTHI, S/O LATE N M PUTTARAJU, AGED ABOUT 49 YEARS, 1(a) TO 1(e) ARE R/AT No.14-A, AIRPORT MAIN ROAD, NEXT TO CARLTON TOWERS, KODIHALLY, BANGALORE-560008. 2. SMT L SAVITHRAMMA W/O LATE SH M JAYARAM SINCE DEAD BY LRs., 2(a) J SOMA SUNDER, S/O N M JAYARAM, AGED ABOUT 62 YEARS, #2796, 18TH MAIN, HAL 2ND STAGE, NEAR CARLTON TOWERS, KODIHALLY, BANGALORE-560008. 2(b) J MANJUNATH, S/O N M JAYARAM, AGED ABOUT 60 YEARS, 2(c) J MURALI, S/O N M JAYARAM, AGED ABOUT 58 YEARS, - 3 - HC-KAR NC: 2026:KHC:4547-DB RFA No. 2175 of 2017 2(d) J GIRIJA, D/O N M JAYARAM, AGED ABOUT 55 YEARS, 2(e) J NARASIMHA MURTHY, S/O N M JAYARAM AGED ABOUT 47 YEARS, 2(b) TO 2(e) ARE R/AT No.14, AIRPORT MAIN ROAD, KODIHALLY, BANGALORE-560008. 3. SMT NAGARATHNA W/O MR R PUTTASWAMY R/O 14 AIRPORT ROD, SURYA BAR AND RESTAURANT BUILDING, KODIHALLI HAL II STAGE, BENGALURU-560008 …RESPONDENTS (BY SRI. P B RAJU., ADVOCATE FOR R1(a) TO (e), R2(a) TO (e) AND 3) THIS RFA IS FILED UNDER SECTION 96 R/W ORDER 41 RULE 1 OF CPC., 1908 AGAINST THE JUDGMENT AND DECREE DATED 08.09.2017 PASSED IN OS.NO.6128/2002 ON THE FILE OF THE XII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU, DISMISSING THE SUIT FOR SPECIFIC PERFORMANCE. 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 MS. JUSTICE TARA VITASTA GANJU - 4 - HC-KAR NC: 2026:KHC:4547-DB RFA No. 2175 of 2017 ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE D K SINGH) The present appeal under Section 96 Order 41 Rule 1 of CPC has been filed impugning the judgment and decree dated 08.09.2017 passed by the XII Additional City Civil and Sessions Judge (CCH No.27), Bengaluru, in O.S.No.6128/2002. 2. With the consent of both the parties, the matter was referred to the Karnataka Mediation Centre, Bengaluru, vide order dated 30.07.2025. The parties have settled their disputes amicably through the process of mediation and memorandum of settlement entered and recorded between the parties has been signed by all the parties in the presence of the Mediator and the Counsels representing the parties. 3. Memorandum of settlement dated 20.01.2026, entered into between the parties read as under :- "5. Now that the respondents have come forward to settle the dispute by offering a sum of Rs.60,00,000/- (Rupees Sixty Lakhs only) towards full and final settlement. Accordingly the respondent have jointly paid Rs.60,00,000/- (Rupees Sixty Lakhs Only) in full and final satisfaction of the suit claim, the Appellant has - 5 - HC-KAR NC: 2026:KHC:4547-DB RFA No. 2175 of 2017 accepted the said offer in order to settle the dispute towards satisfaction of the prayer sought for. 6. Payment: The respondents has already paid a total sum of Rs.60,00,000/- (Rupees Sixty Lakhs Only) to the Appellant in the following manner. 1. Rs 20,00,000/- (Rupees Twenty Lakhs Only) paid by way of RTGS to the bank of the Appellant Company bearing Account No.135905001876 in ICICI Bank by the first respondent LR's. 2.Rs 20,00,000/- (Rupees Twenty Lakhs Only) paid by way of RTGS to the bank of the Appellant Company bearing Account No.135905001876 in ICICI Bank by the 2nd respondent LR's 3.Rs 20,00,000/- (Rupees Twenty Lakhs Only) paid by way of RTGS to the bank of the Appellant Company bearing Account No.135905001876 in ICICI Bank by the 3rd respondent. The Appellant acknowledge the receipt of above said amount as full and final satisfaction of all claims. 4. The Appellant do not have any claim against the respondents No.1 to 3 herein and over the suit schedule property. - 6 - HC-KAR NC: 2026:KHC:4547-DB RFA No. 2175 of 2017 5. That during the pendency of the appeal R1 and R2 demise and since represented by their LR's. The LR's application is allowed vide Court order dated: 19.01.2026 and are represented by counsel Sri.P.B. Raju. The Appellant Company was earlier known as Wellesley Corporation Limited and later has changed its name to Espire Hospitality Limited and accordingly the name of the Appellant company is amended by Court order dated: 19.01.2026. III. In view of the aforesaid agreement entered into between the Parties herein, the Parties pray that this Hon'ble Court be pleased take this Memorandum of Agreement on record and dispose the Appeal accordingly. IV. The Parties herein have to appear before the Hon'ble High Court of Karnataka, Bengaluru for passing orders in terms of the Agreement. V. The Appellant shall withdraw the court fee paid in the above appeal and the respondent shall have no objection for such withdrawal." 4. We dispose off this appeal in terms of the settlement arrived at between the parties. The appellant/Company is - 7 - HC-KAR NC: 2026:KHC:4547-DB RFA No. 2175 of 2017 entitled for refund of the Court fee paid by it. Consent decree to be drawn accordingly. 5. In view of disposal of the appeal, pending interim applications, if any, stand rejected. (D K SINGH) JUDGE (TARA VITASTA GANJU) JUDGE NG List No.: 1 Sl No.: 5 Digitally signed by DINESH KUMAR SINGH Location: HIGH COURT OF KARNATAKA Digitally signed by TARA VITASTA GANJU Location: HIGH COURT OF KARNTAKA