IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20^TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM REGULAR FIRST APPEAL NO. 1705 OF 2025 (SP)

BETWEEN:

SRI. MANJUNATH AGED ABOUT 54 YEARS, SON OF SRI. HANUMANTHAIAH RESIDING AT KEMPANAHALLI VILLAGE, KASABA HOBLI, RAMANAGARA TALUK RAMANAGARA DISTRICT - 562 159, PRESENTLY BENGALURU SOUTH DISTRICT.

…APPELLANT (BY SRI. T.N. VISWANATH, ADVOCATE)

AND:

SRI.PUTTAIAH SON LATE PATALAIAH, Digitally signed by AGED ABOUT 51 YEARS, SHARADAVANI B RESIDING AT RAMANAHALLI VILLAGE, Location: High Court of BIDADI HOBLI, RAMANAGARA TALUK Karnataka RAMANAGARA DISTRICT - 562 159 PRESENTLY BENGALURU SOUTH DISTRICT.

…RESPONDENT (BY SRI. SHRIDHARA K, ADVOCATE)

THIS RFA IS FILED UNDER SEC.96 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 15.03.2025 PASSED IN OS NO.39/2013 ON THE FILE OF PRINCIPAL SENIOR CIVIL JUDGE AND CJM, AT RAMANAGARA., DISMISSING THE SUIT FOR SPECIFIC PERFORMANCE OF CONTRACT.

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

CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM

ORAL JUDGMENT

The present appeal is preferred by the unsuccessful plaintiff, calling in question the judgment and decree passed in the suit for specific performance in O.S.No.39/2013 wherein the learned Trial Judge, while declining the principal relief of specific performance of the contract, has partly decreed the suit by directing refund of the earnest money. Aggrieved by the refusal to grant the larger relief of specific performance, the plaintiff has preferred the instant appeal.

2. When the matter was taken up for consideration today, learned counsel on both sides submit that the parties have amicably resolved the dispute. A compromise petition, duly signed by the plaintiff and the defendants and their respective counsel, is filed before this Court. In terms of the settlement arrived at between the parties, the defendants have agreed to pay, and have accordingly paid, a total sum of `35,00,000/- (Rupees Thirty-Five Lakhs only) to the plaintiff by way of two Demand Drafts. The said Demand Drafts are handed over to the plaintiff in open Court today.

3. On a specific query put by this Court, the plaintiff, who is present before the Court, submits that he has voluntarily entered into the compromise, without any coercion or undue influence, and that he has agreed to receive the aforesaid sum of `35,00,000/- in full and final settlement of all his claims arising out of the suit agreement. He further states that upon receipt of the said amount, he does not wish to pursue the relief of specific performance and seeks disposal of the appeal in terms of the compromise.

4. Having perused the compromise petition and having interacted with the parties, this Court is satisfied that the settlement is lawful, voluntary, and not opposed to public policy. The compromise petition is accordingly taken on record and accepted.

5. In view of the amicable settlement arrived at between the parties, the appeal stands disposed of in terms of the compromise petition. The compromise shall form part of the decree. Draw decree accordingly.

The Registry shall refund the court fee in accordance with law.

Sd/-

(SACHIN SHANKAR MAGADUM)

JUDGE HDK List No.: 1 Sl No.: 27