IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26^TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE REGULAR FIRST APPEAL NO. 1393 OF 2018 (SP)

BETWEEN:

MRS. PRAMODA PRABHU D/O LATE M.S. PRABHU W/O MR. YOGESH BANTWAL AGED ABOUT 38 YEARS NO.1826, CHANDANA, 1^ST CROSS

12^TH MAIN, II STAGE VIJAYANAGAR MYSURU CITY-570 017 …APPELLANT (BY SRI. VIGNESHWAR S. SHASTRY A/W SRI. B.M. SANTOSH, ADVOCATES)

AND:

Digi tally 1. MRS. LAKSHMAMMA signed by W/O MR. K. VASANTHA KUMAR PRAMILA G V AGED ABOUT 50 YEARS Location:

HIGH COURT

2. MR. K. VASANTHA KUMAR OF S/O LATE KALAIAH KARNATAKA AGED ABOUT 55 YEARS

3. MRS. V. KRISHNAVENI D/O MR. K. VASANTHA KUMAR AGED ABOUT 30 YEARS

4. MR. V. KRISHNAKANTH S/O MR. K. VASANTHA KUMAR AGED ABOUT 28 YEARS

5. MR. V. SRIKRISHNA S/O MR. K. VASANTHA KUMAR AGED ABOUT 24 YEARS ALL ARE RESIDING AT NARAIMHASWAMY CHAITHANYA MUTT DODDAGOSAI GHAT, GANJAM SRIRANGAPATNA-571 438 MANDYA DISTRICT …RESPONDENTS (BY SRI. BALAJI RAGHUNATHAN, ADVOCATE)

THIS RFA IS FILED UNDER SEC.96 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 13.01.2017 PASSED IN OS NO.75/2013 ON THE FILE OF THE PRL.SENIOR CIVIL JUDGE AND JMFC., SRIRANGAPATNA PARTLY DECREEING THE SUIT FOR SPECIFIC PERFORMANCE.

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

CORAM: HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE

ORAL JUDGMENT

Learned Senior Counsel for the plaintiff/appellant is present. Learned counsel for the defendants/respondents is present.

2. Appellant is present and respondent No.2/defendant No.2 who is also the General Power of Attorney holder for all the respondents is present.

3. This appeal is arising from the judgment and decree in O.S. No.75/2013 on the file of Principal Senior Civil Judge, Srirangapattana. The suit for specific performance of contract in respect of the suit schedule properties is dismissed. The plaintiff is in appeal.

4. Learned Senior Counsel for the appellant as per the instructions of the Advocate on record, and the learned counsel for the respondents jointly submit that, the dispute between the parties is settled. The compromise petition is filed under Order XXIII Rule 3 of the Code of Civil Procedure.

Along with the compromise petition, the original General Power of Attorney in favour of Defendant No.2/respondent No.2 is also produced. The terms and conditions of the settlement as recorded in the application are as under:

"COMPROMISE PETITION FILED BY THE APPELLANT AND THE RESPONDENTS UNDER ORDER XXIII RULE 3 OF THE CODE OF CIVIL PROCEDURE, 1908 The Appellant and the respondents humbly submit as hereunder:

1. The Appellant has preferred the above captioned Appeal being aggrieved by the Judgment and Decree dated 13.01.2017 passed by the Hon'ble Court of the Senior Civil Judge and JMFC Srirangapatna in O.S. No.75/2013 in which the suit filed by the Plaintiff / Appellant herein seeking for a relief of Specific Performance of the agreement dated 30.12.2008, was partly decreed with cost by rejecting the suit for specific performance of contract and further held that the Plaintiff is entitled for refund of advance amount of Rs.10,00,000/- from the Defendants together with interest at the rate of 18% p.a. from the date of suit till the date of realization.

2. The above captioned matter was posted before this Hon'ble Court for Final Hearing and at that juncture the Respondent offered to part with the item No.2 of the suit schedule properties since item No.1, item No.3 were already sold in favour of Sri. Narasimha Chaithanya Mutt and the Respondents would retain item No.4 of the suit schedule properties for themselves which shall be subject to the determination in O.S.No.77/2013, which is another suit for subsequent sale agreement pending consideration before the Hon'ble Sr. Civil Judge & JMFC at Srirangapatna.

3. The Respondents herein have produced the sketch of the suit schedule properties along with this Compromise Petition for better understanding of the topography and p