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NC: 2026:KHC:18094-DB RFA No. 732 of 2025

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2^ND DAY OF APRIL, 2026

PRESENT THE HON'BLE MRS. JUSTICE ANU SIVARAMAN

AND THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL

REGULAR FIRST APPEAL NO. 732 OF 2025 (RES)

BETWEEN:

SRI NARAYANA SWAMY, AGED ABOUT 50 YEARS,

S/O. LATE SRI KARISHNAPPA, R/AT FLAT NO.14 'A', I 'B' CROSS,

SRI VENKATESHWARA LAYOUT, MAHADEVAPURA,

BENGALURU - 560 048.

…APPELLANT (BY SRI PATTABI C, ADVOCATE)

Digitally signed AND:

by ARSHIFA BAHAR KHA NAM Location: HIGH

SHRI SOMANCHI UMA MAJHESWARA RAO, COURT OF S/O. SHRI SOMANCHI KRISHNA MURTHY, KARNATAKA

AGED ABOUT 55 YEARS, R/AT NO.8614,

ARGENTINE WAY, PLANO,

TEXAS - 75024 USA.

REP. BY HIS POWER OF ATTORNEY HOLDER.

MRS. SRIRANGAM RADHA RAMANI, AGED ABOUT 55 YEARS,

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NC: 2026:KHC:18094-DB RFA No. 732 of 2025

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W/O. DR.S.V.G KRISHNA SASTRY, FLAT NO. 14061, BLOCK-14, TIMARU,

PRESTIGE WELLINGTON PARK APARTMENT, NEAR GANGAMMA CIRCLE,

IAF MAIN ROAD, JALAHALLI, BENGALURU - 560 013.

…RESPONDENT

(BY SRI ARFATUL AZAM, ADVOCATE)

THIS RFA IS FILED UNDER SEC.96 OF CPC, TO SET ASIDE THE JUDGMENT AND DECREE DATED 4^TH OF DECEMBER 2024 IN O.S. NO.6383/2013 PASSED BY LEARNED XXXV ADDITIONAL CITY CIVIL AND SESSIONS JUDGE AT BANGALORE (CCH-36) AND ALLOW THIS APPEAL BY PASSING JUDGMENT AND DECREE BY DISMISSING THE SUIT FILED BY

THE RESPONDENT/PLAINTIFF.

THIS APPEAL, COMING ON FOR ORDERS, THIS DAY,

JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN

and HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL

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NC: 2026:KHC:18094-DB RFA No. 732 of 2025

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ORAL JUDGMENT

(PER: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL)

This appeal is filed challenging the judgment and

decree dated 04.02.2024 passed in O.S.No.6383/2013 by

XXXV Additional City Civil and Sessions Judge, Bengaluru.

2. During the pendency of this appeal, the matter

was referred to the mediation drive in the High Court of

Karnataka.

3. Learned counsel for the appellant as well as

learned counsel for the respondent submit that the matter is amicably settled between the parties in the mediation process and the mediation report along with the

memorandum of settlement is placed before us.

4. The terms of memorandum of settlement reads

as under:

"MEMORANDUM OF SETTLEMENT UNDER SECTION 89 OF CPC READ WITH RULES 24 AND 25 OF THE KARNATAKA CIVIL PROCEDURE (MEDIATION)

RULES, 2005.

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I. The Appellant has filed above appeal challenging the judgment dated 04.02.2024 passed by XXXV Additional City Civil and Sessions Judge, Bengaluru City (CCH-33) in O.S.No. 6383/2013 for declaration, possession and mandatory injunction for suit

schedule property.

II. The aforesaid Appeal was referred to mediation for resolving the dispute between the parties. During the course of mediation, the Appellant is represented by GPA Holder Smt. B. Saritha and the Respondent along with their respective counsel were present in the mediation process. Both the parties after a thorough discussion with the able assistance of their respective Advocates have resolved their disputes and have agreed to the following terms and

conditions :

1. In view of this settlement the Appellant has agreed to pay an amount of Rs.65,50,000/- (Rupees Sixty Five Lakhs Fifty Thousand only) in total to the Respondent as full and final settlement to the issues that they had with regard to the suit schedule property, to which the Respondent has agreed. The

mode of payment is as follows :

a) The Appellant is paying a sum of Rs.40,00,000/-

(Rupees Forty Lakhs Only) through three

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NC: 2026:KHC:18094-DB RFA No. 732 of 2025

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demand drafts in favour of Sri. Uma Maheshwara Rao Smanchi, details of which as follows :

(i) Demand draft bearing No.611911 dated

19.02.2026 drawn on State Bank of India, Mathikere Branch, Bengaluru for an amount of

Rs.20,00,000/- (Rupees Twenty Lakhs Only)

(ii) Demand draft bearing No.895913 dated

08.01.2026 drawn on Canara Bank, Gokula

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