(PER: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL)
Mulbagal, in O.S.No.277/2016. During the pendency of this
2. Sri. Thimmegowda N, learned counsel appearing for
the appellant and Sri. Umesh B.N., learned counsel appearing
between the parties before the Karnataka Mediation Centre. We
the parties before the Karnataka Mediation Centre. The terms
3. The terms of settlement are extracted herein for
"I. The Appellant herein filed the above appeal
questioning the order passed in O.S.No.277/2016 by the
Senior Civil Judge & JMFC, Mulbagal, Kolar District dated
30.06.2022 and decree the suit in the interest of justice
and equity.
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II. Both the parties admit that there was an agreement of
sale dated 29.07.2008, and on 15.01.2009 executed by
respondent No.1 to 7 in favour of appellant in respect of
the Property, bearing No.15, New Sy.No.147/2,
measuring 2 acres including 12 guntas of kharab land
situated at Kurubarahalli village, Avani Hobli, Mulbagal
Taluk, Kolar District, and the Respondent No.1 to 7 have
received the advance sale consideration amount
Rs.15,00,000/- (Rupees Fifteen Lakhs Only) from the
appellant. But during subsistence above said agreements,
the respondent No.1 to 7 have executed the sale deed on
08.03.2013 in favour of respondent No.8 and the
respondent No.8 had inturn executed the sale deed in
favour of the respondent No.9 & 10. Therefore, the
appellant had filed suit being O.S.No.277/2016 for specific
performance and as well as seeking declaration that the
above sale deeds are null and void and not binding on the
appellant. The respondent No.1 to 7 have not contested
the suit and they have been set ex-parte. The respondent
No.9 & 10 were Impleaded in the suit and they have
contested the suit. After hearing the matter the learned
Senior Civil Judge and JMFC at Mulbagal, without granting
decree for Specific Performance, decreed the suit in part,
and directed the respondent No.1 to 7 to refund the
earnest money of Rs.15,00,000/- (Rupees Fifteen Lakhs
Only) to the appellant with interest at rate of 10% P.A.
from the date of the execution of the Agreement of sale
etc., by its judgment and decree dated 30.06.2022.
Against the said judgment, the appellant has preferred
the present appeal. The respondent No.1 to 8 have not
contested the appeal.
III. The aforesaid appeal was referred to mediation for
resolving the dispute between the parties. During the
course of mediation, the Appellant and the respondent
No.9 and 10 along with their respective advocates were
present to resolve their disputes and they have agreed
and arrived the following terms and conditions
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1. In view of this settlement, Respondents No.9 &
10 have agreed to allot five sites in favour of the
appellant in the said layout formed in the suit
schedule property. The said site numbers,
measurements and with boundaries are as stated
below:
a. The property bearing site No.12 formed out of
Sy.No.15, New Sy.No.147/2, Hanumanahalli Village
Panchayath E-Katha No.151900902001120140
measuring East to West 14.0208 Mts. i.e. 46 Ft.
and North to South 9.144 Mts i.e. 30 Ft. totally
measuring 128.21 Sq.mts. i.e. 1380 sq.Ft. situated
at Kurubarahalli village, Avani Hobli, Mulbagal
Taluk, Kolar District, bounded on
East by : Road
West by : Sy.No.142,
North by : Three Meter Road
South by: Site No.11
b. The property bearing site No.13 formed out of
Sy.No.15, New Sy.No.147/2, Hanumanahalli Village
Panchayath E-Katha No.151900902001120141
measuring East to West 13.716mts i.e. 45 ft and
North to south 9.4488 Mtr i.e. 31 ft. totally
measuring 129.60 sq.mts i.e. 1395 sq.ft. situated
at Kurubarahalli village, Avani Hobli, Mulbagal
Taluk, Kolar District, bounded on
East by : Road,
West by : Sy.No.142
North by : Site No.14
South by : Three meter Road.
c. The property bearing site No.16 formed out of
Sy.No.15, New Sy.No.147/2, Hanumanahalli Village
Panchayath E-Katha No.151900902001120145
measuring East to West: 12.192 mts. i.e. 40 ft. and
North to south 13.4112 mts. i.e. 44 totally
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measuring 163.51 sq.mts. 1760 sq.ft. situated at
Kurubarahalli village, AvaniHobli, Mulbagal Taluk,
Kolar District, bounded on
East by : Site No.23
West by : Road
North by : Site No.15
South by : Three meter Road.
d. The property bearing site No.17 formed out of
Sy.No.15, New Sy.No.147/2, Hanumanahalli Village
Panchayath E-Katha No.151900902001120176
measuring East to West :12.19 mts i.e. 40ft and
North to south 13.84 mts. i.e. 45 ft. totally
measuringsq.mts. i.e. 1800 sq. ft. situated at
Kurubarahalli village, Avani Hobli, Mulbagal Taluk,
Kolar District, bounded on
East by : Site No.22
West by : Road
North by :Three meters Road
South by : Site No.18
e. The property bearing site No.31 formed out of
Sy.No.15, New Sy.No.147/2, Hanumanahalli Village
Panchayath E-Katha No.151900902001120163
measuring East to West: 18.8976 mts. i.e. 62 ft.
and North to south: 9.144 mts. i.e. 30ft. totally
measuring 172.80 sq. mts.1860 sq.ft. situated at
Kurubarahalli village, Avani Hobli, Mulbagal Taluk,
Kolar District, bounded on
East by : Road
West by : Site No.30
North by : Site No.32
South by : Road.
2. That the above said properties stand in the name
of Respondent No.9 &10 in the records of
Hanumanahalli village panchayath and the e-katha
and tax paid receipts all stand in the name of the
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respondent No.9 & 10. In lieu of the allotment of
the above said five sites, the appellant has no right
or claim over the remaining portion of the suit
schedule property. The appellant acknowledges the
same.
3. That the respondent No.9 & 10 have now agreed
to execute the necessary sale deeds in respect of
the above said five sites as referred in Para 1(a) to
Para 1(e), whenever the appellant seeks for
execution of the sale deeds, failing which the
appellant is at liberty to get the sale deeds
executed by due process of law. Any defects in title
or measurement of the said five sites, wouldentitle
the Appellant to reopen the appeal and proceed in
the present case for specific performance against
the Respondent No.9 & 10 and enforce the above
said agreements.
4. In view of this settlement the respondent No.9 &
10 further agreed that they or their legal heir will
not interfere with the appellant's peaceful
possession and enjoyment of the above said five
sites as mentioned in the Para 1(a) to Para 1(e) in
this settlement.
5. The appellant has agreed that he will not
interfere with the 9th and 10th respondent's
peaceful possession and enjoyment of the
remaining portion of the suit schedule property.
6. It is further agreed between the parties that the
appellant is entitled for decree as prayed for in
respect of five sites as described in Para 1(a) to
Para 1(e) as referred above.
7. Both parties state that apart from the above they
have no claims in whatsoever nature against each
other either in future.
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8. The parties further state that there has been no
collusion or force, fraud or any undue influence by
any of the parties to enter into this compromise in
the aforesaid manner.
IV. In view of the aforesaid agreement, both the parties
pray that this Hon'ble court may be pleased to decree the
appeal as stated above, in the interest of justice and
equity in terms of the aforesaid agreement.
V. In view of the aforesaid agreement, the appellant prays
for refund of the court fee."
4. In view of the aforesaid settlement, the appeal is
disposed of in terms of the memorandum of settlement.
Registry shall draw the decree.
5. The memo dated 03.11.2025 filed by the appellant
is placed on record.
6. Registry shall refund the eligible Court fee after
following proper procedure on proper identification.
Sd/-
(ANU SIVARAMAN)
JUDGE
Sd/-
(VIJAYKUMAR A. PATIL)
JUDGE
