IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 16^TH DAY OF DECEMBER, 2025

BEFORE

THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR

REGULAR FIRST APPEAL NO. 1579 OF 2024 (SP)

BETWEEN:

1. SHRI. N NANJUNDAIAH

S/O NINGEGOWDA N.

AGED ABOUT 56 YEARS,

R/O DADADAPURA VILLAGE,

KIRUGAVALU HOBLI,

MALAVALLI TALUK,

MANDYA DISTRICT - 571430

2. SMT. SUNITHA,

W/O. N. NANJUNDAIAH,

AGED ABOUT 49 YEARS,

R/O DADADAPURA VILLAGE,

KIRUGAVALU HOBLI,

MALAVALLI TALUK,

MANDYA DISTRICT - 571430

3. SMT. N JAYASHREE,

Digitally signed D/O. N. NANJUNDAIAH,

by

AGED ABOUT 26 YEARS,

SHARADAVANI

B R/O DADADAPURA VILLAGE,

Location: High KIRUGAVALU HOBLI,

Court of

MALAVALLI TALUK,

Karnataka

MANDYA DISTRICT - 571430

…APPELLANTS

(BY SRI. RAMESH.R., ADVOCATE FOR

SRI. V.B. SHIVA KUMAR, ADVOCATE)

AND:

SHRI. RAJESH D

S/O DASAPPA,

AGED ABOUT 37 YEARS, R/A VADDARA COLONY,

N.E.S. EXTENSION, MALAVALLI TOWN, MANDYA DISTRICT - 571430 …RESPONDENT (BY SRI. ANKITH JAIN, ADVOCATE FOR SRI. GAUTAM SHREEDHAR BHARADWAJ, ADVOCATE)

THIS RFA IS FILED UNDER SECTION 96 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 22.03.2024 PASSED IN OS.NO.14/2019 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, MALAVALLI, DECREEING THE SUIT FOR SPECIFIC PERFORMANCE.

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

CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR

ORAL JUDGMENT

This appeal by the defendants in O.S.No.14/2019 on the file of the Senior Civil Judge and JMFC, Malavalli, is directed against the impugned judgment and decree dated 22.03.2024, whereby the said suit filed by the respondent - plaintiff against appellants - defendants for specific performance and other relief in relation to the suit schedule immovable property was decreed by the Trial Court in favour of in favour of the respondent - plaintiff against the appellants - defendants. 2. The appellants are physically present along with their learned counsel, so also the respondent is physically present along with their learned counsel and all parties have been identified by their respective counsel.

3. The appellants and respondent have filed a memo reporting settlement along with the compromise petition, which are extracted hereunder:

"MEMORANDUM OF COMPROMISE PETITION UNDER ORDER XXIII RULE 3 OF THE CODE OF CIVIL PROCEDURE The Appellants and the Respondent in the above case beg to submit as follows:

1) The Appellants and the Respondent at the intervention of well-wishers and others have amicably settled the interse dispute between the Appellants/Defendants and the Respondent/Plaintiff. The Respondent/Plaintiff has this agreed to receive the advance sale consideration amount from the Appellants received by the Appellants/defendants in pursuance of the registered Agreement to sell registered as Document No.MLV-1-08769/2015-16, Book-I, CD.No.MLVD162 dated 9.2.2016 registered in the Office of the Sub Registrar, Malavalli.

2) The Respondent has agreed to cancel the registered Agreement to Sell upon receipt of receiving the advance sale consideration of Amount of Rs.15,00,000/- (Rupees Fifteen Lakhs) which is paid by the Appellants/Defendants by way of cash which is acknowledged to be received by the Respondent/plaintiff in full and final settlement of the claim.

3) The Respondent/Plaintiff and Appellants/defendants respectfully pray that this Hon'ble court may be pleased to set aside the judgment and decree dated 23.2.2024 passed by the Senior Civil Judge and JMFC at Malavalli in OS.No.14/2019 and to allow the appeal setting the judgment and also permit the parties to seek cancellation of the registered Agreement to Sell.

4) The Respondent/plaintiff respectfully submit that he will not interfere with the terms and conditions of the Agreement neither will undertake to execute the Decree impugned in the Appeal in OS.14/2019 passed by the Senior Civil Judge and JMFC at Malavalli and will also no interfere with the right title interest and ownership of the Appellant pertaining to the schedule property described in the schedule given hereunder.

WHEREFORE, App