IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13^TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE R. NATARAJ REGULAR FIRST APPEAL NO.650 OF 2010 (SP)

BETWEEN:

C.L. PUTTANNAIAH, S/O LATE RAJEGOWDA LINGAPPA, AGED ABOUT 67 YEARS R/AT NO.507, HOSABADAVANE, PWD HOSPITAL, OPPOSITE K.R.NAGAR, BELAGOLA HOBLI, SRIRANGAPATNA TALUK-571 416.

MANDYA DISTRICT.

…APPELLANT (BY SMT. KAVYA ANILKUMAR, ADVOCATE)

AND:

SMT. CHANDRAMMA, W/O MAHADEVA, R/AT: D.NO.27/ID, OFFICIALS COLONY, Digitally K.R.SAGARA, BELAGOLA HOBLI, signed by SRIRANGAPATNA TALUK-571416.

SUMA MANDYA DISTRICT Location:

HIGH …RESPONDENT COURT OF (BY SRI. ADITYA BHAT, ADVOCATE)

KARNATAKA THIS RFA IS FILED UNDER SECTION 96 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 18.01.2010 PASSED IN O.S.NO.154/2006 ON THE FILE OF THE ADDITIONAL CIVIL JUDGE (SR.DN) SRIRANGAPATNA, DECREEING SUIT FOR SPECIFIC PERFORMANCE OF SALE AGREEMENT.

THIS APPEAL, COMING ON FOR HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE R. NATARAJ

ORAL JUDGMENT

This appeal is filed by the defendant in O.S.No.154/2006 on the file of the Additional Civil Judge (Sr. Dvn.), Srirangapatna, challenging the judgment and decree dated 18.01.2010, by which the suit for specific performance was decreed.

2. When this appeal was listed for final hearing, the parties have filed a compromise petition under Order XXIII Rule 3 of CPC. The relevant terms of the compromise reads as follows:-

6. That, during the pendency of the captioned Appeal, at the intervention of common friends, elders in the family, relatives, well wishers and friends, the Parties to the instant lis have arrived at this settlement. The Plaintiff and Defendant are accordingly submitting this compromise petition, requesting this Hon'ble Court to record the same and pass appropriate orders. Accordingly, the Plaintiff and Defendant submit that in terms of this settlement they agree, confirm and submit as follows:-

i. It is agreed between the Parties that Schedule 'A' Property measuring in total 7623 sq.ft. shall be divided into three portions - the first portion measuring 3515.31 sq. ft. comprising the Mangalore Tiled and RCC house (more fully described in the schedule under and hereinafter referred to as "Schedule 'B' Property"), second portion comprising of vacant land measuring 507.66 sq. ft (more fully described in the schedule under and hereinafter referred to as "Schedule 'C' Property") and third portion comprising of vacant land measuring 3600 sq. ft (more fully described in the schedule under and hereinafter referred to as "Schedule 'D' Property"

ii. It is agreed between the Parties that the Defendant shall retain ownership and possession of the Schedule 'B' Property. The Plaintiff hereby unequivocally acknowledges and confirms the Defendant's absolute right, title and interest over the said property and further undertakes that neither the Plaintiff nor any person claiming through or under the Plaintiff shall, at any time hereafter, raise any dispute, claim or objection in respect of the Schedule 'B' Property.

iii. It is agreed between the Parties that the title, ownership and possession of Schedule 'C' Property and Schedule 'D' Property shall hereafter vest absolutely and exclusively with the Plaintiff. The Defendant hereby unequivocally acknowledges and confirms the Plaintiff's absolute right, title and interest over the said property and further undertakes that neither the Defendant nor any person claiming through or under the Defendant shall, at any time hereafter, raise any dispute, claim or objection in respect of Schedule 'C' Property and Schedule 'D'

Property.

iv. It is agreed between the Parties that the Defendant hereby confirms and acknowledges receipt of a sum of Rs.2,00,000/-(Rupees Two Lakhs Only) paid by the Plaintiff at the time of execution of the sale agreement on 29.08.2005. The said amount shall stand adjusted and treated as full and final consideration towards transfer of ownership and possession of Sc