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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 14^TH DAY OF SEPTEMBER, 2021

PRESENT

THE HON9BLE MR. JUSTICE B.VEERAPPA

AND

THE HON9BLE MR. JUSTICE E.S.INDIRESH

R.F.A. NO.1184 OF 2011

BETWEEN:

1.

N. LAKSHMINARASIMHAIAH

S/O LATE NARASIMHAIAH,

AGED ABOUT 68 YEARS,

AGRICULTURIST RESIDING

AT BAGGANADU VILLAGE,

KASTURIRANGAPPANAHALLI POST,

JAVANAGONDANAHALLI HOBLI,

HIRIYUR TALUK,

CHITRADURGA DISTRICT,

REPRESENTED BY HIS SON

AND SPECIAL POWER OF

ATTORNEY HOLDER

SRI L SREEDHAR

S/O N. LAKSHMINARASIMHAIAH

AGED ABOUT 51 YEARS

RESIDING IN THE SAME ADDRESS

2.

SHANTHAMMA

W/O SRI LAKSHMINARASIMHAIAH

AGED ABOUT 75 YEARS

R/AT BAGGANADU VILLAGE

KASTURIRANGAPPANAHALLI POST,

JAVANAGONDANAHALLI HOBLI,

HIRIYUR TALUK,

CHITRADURGA DISTRICT,

... APPELLANTS

(BY SRI. V.B.SHIVAKUMAR, ADV)

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AND:

1.

K. RAMALINGAIAH,

S/O KARILINGAIAH,

AGED ABOUT 55 YEARS,

AGRICULTURE OFFICER,

AGRICULTURE OFFICE,

APMC MARKET YARD

& OWNER OF BHUVANESHWARI

SHOPPING COMPLEX,

CHITRADURGA.

2.

KENCHAMMA

W/O KARILINGAIAH

AGED ABOUT 75 YEARS,

DIED ON 28.08.2020

RESPONDENT 1, 3, 4, 5 ARE

LRS ALREADY ON RECORD

VIDE ORDER DATED 13.10.2020.

3.

K.R.SHIVAPRASAD,

S/O K RAMALINGAIAH,

AGED ABOUT 30 YEARS,

4.

V RENUKADEVI

W/O K RAMALINGAIAH

AGED ABOUT 50 YEARS,

5.

K.R.SAVITHA

D/O K. RAMALINGAIAH

AGED ABOUT 28 YEARS,

ALL ARE RESIDING AT

CHILLAHALLI VILLAGE,

HIRIYUR TALUK, AT PRESENT

RESIDING AT

BHUVANESHWARI CIRCLE,

BHUVANESHWARI SHOPPING COMPLEX,

MUNICIPAL COLONY,

CHITRADURGA.

... RESPONDENTS

(BY SRI. P.M.SIDDAMALLAPPA, ADVOCATE)

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THIS RFA IS FILED UNDER SECTION 96 (1) OF CPC

PRAYING TO SET ASIDE THE JUDGMENT AND DECREE DATED

15.04.2011 PASSED BY THE HON'BLE SENIOR CIVIL JUDGE,

AT HIRIYUR, IN O.S.NO.2/2008 AND ETC.,

THIS RFA COMING ON FOR ORDERS THIS DAY,

B.VEERAPPA J., DELIVERED THE FOLLOWING:

J U D G M E N T

This

Regular

First

Appeal

is

preferred

by

the

appellant/plaintiff

against

Judgment

and

Decree

dated

15.04.2011 passed in O.S.No.2/2008 on the file of Senior Civil

Judge at Hiriyur, dismissing the suit of the plaintiff for specific

performance.

2.

In pursuance of the order dated 08.12.2020

passed by this Court, the matter was referred to Mediation

Centre, Bengaluru. The Mediation Centre, Bengaluru submitted

report dated 19.03.2021 before this Court with regard to

settlement between the parties in terms of memorandum of

settlement under Section 89 of CPC r/w Rules 24 and 25 of the

Karnataka Civil Procedure (Mediation) Rules, 2005, which was

agreed by the parties as under:-

"1. The appellants herein being the legal

representatives of the original plaintiff who

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having sought specific performances of the

agreement dated 26.08.2006 seeking to enforce

the contract to sale in respect of agricultural

properties measuring in all an extent of 38 acres

and 12 guntas situated in Baggandu village,

Hiriyur Taluk, Chitradurga District.

2. The plaintiff in the suit having paid a sum

of Rs.11,40,500/- as advance, the trial court

having denied the specific performance, the

present appeal has been prosecuted by the legal

representatives of the erstwhile plaintiff, being is

widow, son and the daughter. The legal

representative of the erstwhile plaintiff Smt.

Shanthamma (widow), and Smt. Gayathridevi

(daughter), having executed a power of attorney

are represented in these proceedings by their

power of attorney holder Sri. L.Sridhar (Son).

The appellant has agreed to file the necessary

application to bring his sister on record by filing

the

necessary

application

at

the

time

of

recording of the settlement, the respondents

have no objection for his sister coming on record

as one of the legal respresentative of the

deceased plaintiff.

3. The appellants and the respondents having

agreed to resolve the dispute through mediation

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have been able to arrive at the following

resolution.

4. The appella