- 1 - HC-KAR NC: 2026:KHC:23340 RSA No. 349 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA REGULAR SECOND APPEAL NO.349 OF 2021 (SP) BETWEEN: 1. NAGAMMA W/O LATE LINGAIAH, AGED ABOUT 67 YEARS, R/AT CHAMALAPURA STREET, NANJANGUD TOWN-571 301 MYSURU DISTRICT. 2. SIDDALINGAIAH S/O LATE LINGAIAH, SINCE DEAD BY HIS LR’s. 2(a) SMT. RAJAMMA .S D/O LATE SIDDALINGAIAH @ SIDDALINGA, AGED ABOUT 52 YEARS, R/AT KALILI VATARA, N.M. ROAD, PANDAVAPURA TOWN, MANDYA DISTRICT-571 434. 2(b) SMT. JAYA D/O LATE SIDDALINGAIAH @ SIDDALINGA, AGED ABOUT 50 YEARS, R/AT NO.832, KALAMMA TEMPLE STREET, SRIRANGAPATTANA, MANDYA DISTRICT-571438. 2(c) SMT. SHOBA D/O LATE SIDDALINGAIAH @ SIDDALINGA, AGED ABOUT 46 YEARS, R/AT NO.113/697, MUNNEKOLALA VILLAGE, MUNEKOLALA MAIN ROAD, OPPOSITE TO GOVERNMENT SCHOOL, BENGALURU NORTH TALUK, BENGALURU-560 037. Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:23340 RSA No. 349 of 2021 2(d) SRI MAHESH .S S/O LATE SIDDALINGAIAH @ SIDDALINGA, AGED ABOUT 45 YEARS, R/AT NO.2532, SARASWATHI COLONY BEHIND TOWN POLICE STATION, B.P. ROAD, NANJANGUD, MYSORE DISTRICT-571 301. 2(e) SRI BHASKAR .S S/O LATE SIDDALINGAIAH @ SIDDALINGA, AGED ABOUT 42 YEARS, R/AT NO.2532, BEHIND TOWN POLICE STATION, SARASWATHI COLONY, R.P. ROAD, HISTORICAL SHIVA TEMPLE, NANJANGUD, MYSORE DISTRICT-571 301. 3. PUTTALINGAIAH S/O LATE LINGAIAH AGED ABOUT 64 YEARS, R/AT CHALAMAPURA STREET, MEDIGALA BLOCK, NANJANGUD TOWN-571 301 MYSURU DISTRICT. SHETTY SINCE DEAD BY LRs. JAYAMMA SINCE DEAD BY LRs. 4. BASAVANNA S/O LATE SHETTY AGED ABOUT 39 YEARS, 5. HANUMANNA S/O LATE SHETTY AGED ABOUT 37 YEARS, 6. SHASHIKALA @ SUSHEELA D/O LATE SHETTY, AGED ABOUT 34 YEARS, - 3 - HC-KAR NC: 2026:KHC:23340 RSA No. 349 of 2021 7. SHIVALINGA S/O LATE SHETTY AGED ABOUT 32 YEARS, SL. NO.4 TO 7 ARE R/AT MEDARA BEEDI, NANJANGUD TOWN-571 301 MYSURU DISTRICT. 8. RAMU S/O LATE LINGAIAH, AGED ABOUT 59 YEARS, R/AT CHAMALAPURA STREET, MEDARA BLOCK, NANJANGUD TOWN-571 301 MYSURU DISTRICT. …APPELLANTS (BY SRI LOKESH K.M., ADVOCATE FOR SRI MANJUNATH K.V., ADVOCATE) AND: SRI DORESWAMY S/O LATE PUTTAIAH, AGED ABOUT 57 YEARS, NO.4268, SHANKARAPURA, NANJANGUD TOWN-571 301 MYSURU DISTRICT. …RESPONDENT (BY SRI B. SHARATH KUMAR, ADVOCATE) THIS RSA IS FILED UNDER ORDER XLII RULE 1 AND 2 SECTION 100 OF CPC., 1908 AGAINST THE JUDGMENT AND DECREE DATED 23.12.2020 PASSED IN R.A.NO.45/2017 ON THE FILE OF THE SENIOR CIVIL JUDGE, NANJANGUD ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGMENT AND DECREE DATED 31.10.2017 PASSED IN O.S.NO.4/2010, ON THE FILE OF THE I ADDITIONAL CIVIL JUDGE AND JMFC, NANJANGUD. THIS APPEAL COMING ON FOR REPORTING SETTLEMENT, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE K.S. HEMALEKHA - 4 - HC-KAR NC: 2026:KHC:23340 RSA No. 349 of 2021 ORAL JUDGMENT The memorandum of settlement entered into between the appellants and the respondent under Section 89 of CPC read with Rules 24 and 25 of Karnataka Civil Procedure (Mediation) Rules, 2005 has been received by this Court, which is duly signed by the appellants and the respondent. The terms of the settlement is extracted as below: “MEMORANDUM OF SETTLEMENT UNDER SECTION 89 OF CPC READ WITH RULES 24 AND 25 OF THE KARNATAKA CIVIL PROCEDURE (MEDIATION) RULES, 2005 The appellants and Respondent humbly submit as follows:- I. The Parties to the above Appeal submit that, at the Intervention of The Well-Wishers, both parties to the above appeal have decided to amicably settle the Dispute. II. The Respondent is the Agreement holder for the suit schedule property. He has filed a suit for - 5 - HC-KAR NC: 2026:KHC:23340 RSA No. 349 of 2021 Specific Performance in O.S. No.04/2010 against the Appellants. The suit was dismissed, but the Appellants were directed to return the advance amount of Rs.2,82,500/- with interest at the rate of 12% paid to the appellant. III. The Respondent aggrieved by the said order has filed R.A.No.45/2017. The said appeal was allowed, and suit for Specific Performance was decreed. Aggrieved by the same order, the appellants have preferred the above said appeal. IV. As per the sale agreement dated 30.12.2006, the Appellant's are the owners of the property and their name reflect in the RTC. V. The aforesaid petition was referred to mediation, both the parties along with their respective advocates were present, identified each other and the Parties to the appeal have decided to amicably settle the dispute before the mediation on the following terms: - 1. The Total extent of the Suit Schedule Property is agricultural land measuring 36% guntas out of 1 acre 18 guntas in Sy 211/1 and 30 guntas out of 1 acre 08 guntas in Sy.no.211/2, totally measuring 1 acre 26 ¼ guntas situated at Nanjangud village, Kasaba hobli, Nanjangud Taluk morefully described - 6 - HC-KAR NC: 2026:KHC:23340 RSA No. 349 of 2021 in the Schedule hereunder and referred to as Schedule A Property. 2. The Appellants shall retain land measuring an extent 35 ¼ guntas in Sy.No.211/1 & 211/2 morefully described in the schedule hereunder and herein after referred to as Schedule B Property. 3. The Respondent may be declared as the owner for an extent of 31 guntas in Sy No: 211/2 morefully described in the schedule hereunder and herein after referred as Schedule C Property. 4. The remaining 35 ¼ guntas shall remain with the appellants No.1 to 12 in schedule B property. 5. It is further declared that the Appellants and Respondent shall be the original owners with all rights over their respective portions of the suit schedule property. 6. The Appellants and Respondent herein shall not in any way interfere or claim any right in respect of the others portions of the schedule property upon which each has an absolute right, possession with all rights as per law. 7. That the Parties shall hereinafter have no right or claims whatsoever against each other. - 7 - HC-KAR NC: 2026:KHC:23340 RSA No. 349 of 2021 8. In view of the above settlement, the parties to the appeal request this Hon'ble court to direct the registry to draw the decree in the terms of this agreement In case the parties fail to adhere to the terms and conditions contained in this agreement, which culminates into a decree, the same shall be executed in accordance with the law. 9. The appellant has agreed to registered the sale deed in favour of respondent for measuring 31 guntas in Sy.No.211/2 as per the mediation settlement dated 07.04.2026 in Schedule C Property. 10. That both parties herein assure and declare that they have voluntarily entered into this compromise and that there is no compulsion or coercion. It is mutually agreed between the parties that after complying with the terms and conditions of this memorandum of compromise, they will not venture to file any cases, either civil, criminal, or otherwise, against each other or their family members. The Appellants and the Respondent admit that they have no claims whatsoever against each other, either past, present, or future. VI. In view of the aforesaid agreement entered into between the parties, this Hon'ble Court be pleased to record the above said agreement and - 8 - HC-KAR NC: 2026:KHC:23340 RSA No. 349 of 2021 modify the earlier decree in terms of this agreement. VII. In view of the aforesaid agreement, the both the parties pray that the court fee paid in the respective cases be ordered to be refunded and also deposits made by respective parties to persons who have deposited in courts below may be ordered to refunded. SCHEDULE –A All the piece and parcel of agricultural land measuring 36 ¼ guntas out of 1 acre 18 guntas in Sy.No.211/1 and 30 guntas out of 1 acre 08 guntas in Sy.No.211/2, totally measuring 1 acre 26 ¼ guntas situated at Nanjangud village, Kasaba hobli, Nanjangud taluk, and bounded on the: East by : Land of Racha Shetty and others/Sy.No.208, 210 West by : Golur Village Road North by : Basavaiah's lands now land of Kala South by : Ninganna's lands SCHEDULE –B All the piece and parcel of the agricultural land measuring 35 ¼ guntas in Sy.no.211/1 & 211/2 - 9 - HC-KAR NC: 2026:KHC:23340 RSA No. 349 of 2021 Situated at Nanjangud village, Kasaba Hobli, Nanjangud Taluk, and bounded on: East by : Sy No.210 & 208 West by : Golur Village Road North by : Now Schedule 'C' Property measuring 31 guntas South by : land of Lingaiah in Sy.No.211/14 SCHEDULE-C All the piece and parcel of the agricultural land measuring 31 guntas in Sy.n.o 211/1 & 211/2 Situated at Nanjangud village, Kasaba Hobli, Nanjangud Taluk, and bounded on: East by : Sy.No.208 and Sy.No.210 Land of Racha Shetty West by : Golur Village Road North by : Land of Kala Sy.No.211/3 South by : Remaining extent in Sy.No.211/1 and 211/2 'B' Schedule property” 2. The memorandum of settlement of is taken on record. 3. The appellants and respondents are present before this Court and duly identified by their respective - 10 - HC-KAR NC: 2026:KHC:23340 RSA No. 349 of 2021 learned counsel. When a query was made by this Court, the parties submit that they have entered into compromise before the Mediation without coercion or any undue influence. 4. Regular Second Appeal stands disposed of in terms of Memorandum of Settlement. 5. Learned counsel for the appellants has filed memo seeking refund of the Court fee. 6. The memo is taken on record. 7. In view of the memo, Registry to refund the Court fee to appellant No.2(d) on behalf of the appellants on proper identification. Sd/- _____________________ JUSTICE K.S. HEMALEKHA AT List No.: 1 Sl No.: 61