IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16^TH DAY OF MARCH, 2026 PRESENT THE HON'BLE MRS. JUSTICE ANU SIVARAMAN AND THE HON'BLE MS. JUSTICE TARA VITASTA GANJU REGULAR FIRST APPEAL NO. 1701 OF 2025 (SP)

BETWEEN:

1. SMT. SHOBHA W/O H.C. LINGARAJU, AGED ABOUT 46 YEARS, R/A HOSURU VILLAGE, BIDADI HOBLI, RAMANAGARA TALUK, RAMANAGARA DISTRICT-562 109.

2. SRI. H. C. LINGARAJU S/O LATE CHIKKALINGAIAH, Digitally AGED ABOUT 54 YEARS signed by RAKSHA R/AT HOSURU VILLAGE, Location:

BIDADI HOBLI, High Court of Karnataka RAMANAGARA TALUK, RAMANAGARA DISTRICT-562 109.

…APPELLANTS (BY SRI. NIKHIL HEGDE, ADVOCATE)

AND:

SRI VENKATESH S/O VENKATAPPA, AGED ABOUT 51 YEARS, R/AT NO.50, KENCHANAPALYA VILLAGE, K. GOLLAHALLI POST, KENGERI HOBLI, BENGALURU-560 074.

…RESPONDENT (BY SRI. DEEKSHITH C., ADVOCATE)

THIS RFA IS FILED UNDER SEC.96 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 17.11.2023 PASSED IN OS NO.141/2017 ON THE FILE OF PRL. SENIOR CIVIL JUDGE AND CJM, RAMANAGARA., DECREEING THE SUIT FOR SPECIFIC PERFORMANCE OF CONTRACT.

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

CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN and HON'BLE MS. JUSTICE TARA VITASTA GANJU

ORAL JUDGMENT

(PER: HON'BLE MRS. JUSTICE ANU SIVARAMAN)

This appeal is preferred against the judgment and decree dated 17.11.2023 passed by the Principal Senior Civil Judge and CJM, at Ramanagara in O.S.No.141/2017, by which the suit for specific performance was decreed, directing defendants No.1 and 2 to execute the Sale Deed after receiving the balance consideration of Rs.2,00,000/-.

2. We have heard Shri. Nikhil Hegde, learned counsel appearing for the appellants and Shri. Deekshith C, learned counsel appearing for the respondent.

3. It is submitted by the learned counsel appearing for the appellants that an amount of Rs.20,00,000/- has been deposited before this Court pursuant to an order dated 27.11.2025 in this appeal. Further, it is submitted that the respondent has also deposited an amount of Rs.2,00,000/- before the Executing Court.

4. It is submitted that the parties have compromised the dispute and it has been agreed that the amount of Rs.20,00,000/- deposited by the appellants before this Court can be released in favour of the respondent. Further, it is also stated that the respondent herein had deposited an amount of Rs.2,00,000/- before the Executing Court which can also be duly refunded to the respondent with interest, if any earned. Further, the original Gift Deed dated 17.01.2013 and the Agreement of Sale dated 02.07.2016 shall be released to the appellants.

5. The appellants as well as the respondent are present before the Court and are identified by their respective counsel. The settlement arrived at between the parties is recorded in the compromise petition. The terms of settlement read as follows:-

"1. As per the terms of compromise, the Appellants have agreed to pay a total sum of Rs.20,00,000/- (Rupees Twenty Lakhs only) to the Respondent towards full and final settlement of all claims arising out of the suit agreement, decree and appeal proceedings.

2. The said amount of Rs.20,00,000/- has already been deposited before this Hon'ble Court through DD Dated: 21.01.2026 bearing DD No.000080 in compliance with the interim order dated:27.11.2025 and the Respondent is permitted to withdraw the same without furnishing any security.

3. It is agreed that upon the receipt of the agreed compromise amount of Rs.20,00,000/- (Rupees Twenty Lakhs only), agreement of sale dated 02.07.2016, registered as Document No.2796/2016- 17 executed between the parties in respect of the suit schedule property shall stand cancelled and terminated.

4. Upon receipt of the said amount, the Respondent/Plaintiff agrees to give up the claim for specific performance of contract and agrees that the suit schedule property shall remain with the Appellants/Defendant.

5. The Respondent/Plaintiff further declares that all rights, title, Interest, possession and ownership in