G. Narayana Gouda S/O G. Pakkira Gouda vs G. Siddana Gouda S/O G. Pakkira Gouda
2025 Latest Caselaw 8256 Kant

Karnataka High Court

G. Narayana Gouda S/O G. Pakkira Gouda vs G. Siddana Gouda S/O G. Pakkira Gouda on 11 September, 2025

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                                                               NC: 2025:KHC-D:11796
                                                            RFA No. 100363 of 2019


                      HC-KAR



                            IN THE HIGH COURT OF KARNATAKA, AT DHARWAD
                               DATED THIS THE 11TH DAY OF SEPTEMBER, 2025
                                                  BEFORE
                                THE HON'BLE MR. JUSTICE ASHOK S. KINAGI
                            REGULAR FIRST APPEAL NO. 100363 OF 2019 (SP-)
                      BETWEEN:
                          G. NARAYANA GOUDA
                          S/O G. PAKKIRA GOUDA
                          AGE: 59 YEARS, OCC: AGRICULTURE,
                          R/O: NO.9, KANVI THIMMALAPURA VILLAGE,
                          NOW RESIDING NEAR P.RAMDASS,
                          (RTD., BDCC BANK ASSISTANT
                          MANAGER HOUSE), PARVATHI NAGAR,
                          OPPOSITE FIRE OFFICE, SANDUR ROAD,
                          HOSAPETE, DIST: BALLARI-583201.
                                                                          ...APPELLANT
                                  (BY SRI. SATHISH M.S, ADV)
                      AND:
                         G. SIDDANA GOUDA
                         S/O G. PAKKIRA GOUDA
                         AGE: 55 YEARS, OCC. AGRICULTURE,
                         R/O: NO.9, KANVI THIMMALAPURA VILLAGE,
                         NOW R/AT: BSS APARTMENTS, HOUSE NO.6,
                         BASAVESHWARA BADAVANE,
                         HOSAPETE, DIST: BALLARI-583201.
                                                                        ...RESPONDENT
MOHANKUMAR
B SHELAR
                                  (BY SRIYUTHS. K.L. PATIL & S.S. BETURMATH, ADVS)
Digitally signed by
MOHANKUMAR B
SHELAR
                            THIS RFA IS FILED UNDER SEC. 96 R/W ORDER XLI RULE 1 R/W
Date: 2025.09.12      OF CPC., 1908, AGAINST THE JUDGMENT AND DECREE DATED
16:37:26 +0530
                      24.04.2019 PASSED IN O.S.NO.53/2015 ON THE FILE OF THE ADDL.
                      SENIOR CIVIL JUDGE AND JMFC, HOSAPETE, DECREEING THE SUIT
                      FILED FOR SPECIFIC PERFORMANCE OF CONTRACT.

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

                      CORAM:          THE HON'BLE MR. JUSTICE ASHOK S. KINAGI
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                                             NC: 2025:KHC-D:11796
                                         RFA No. 100363 of 2019


HC-KAR




                           ORAL JUDGMENT

(PER: THE HON'BLE MR. JUSTICE ASHOK S. KINAGI)

The appellant, his son and daughter and the

respondent along with their respective counsel, are present

before this court. They are identified by their respective

counsel.

2. The appellant and the respondent have amicably

settled their dispute and filed the compromise petition

under Order XXIII Rule 3 of the CPC, which reads as

follows:

"The Appellant and Respondent most respectfully submits as under:

1. The Appellant herein has filed this first appeal before this Hon'ble court challenging the judgment and decree passed by the learned Additional Senior Civil Judge & JMFC, at Hosapete in O.S No. 53 of 2015 dated 24-04-2019 where under the suit of the respondent has been decreed.

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2. It is submitted that the appellant and respondent at the intervention of elders, family members have amicably resolved the matter between themselves.

3. As per the settlement the appellant has amicably agreed to execute sale deed andhand over 4 acres of land in the suit schedule property Le., Sy No.58/A/C, Sy No. 58/A/D, Sy No. 59/B dry land situated at KanaviThimmapura Village, Kamplitaluk, Ballari district to respondent in lieu of 8,00,000/- (Rupees Eight Lakhs) received by respondent as per the registered agreement of sale dated 14-05- 2012 as full and final settlement of claim of respondent in respect of suit schedule property with boundaries as mentioned below:

EAST: Road WEST: Land of DengiSiddaramappa NORTH: Land of DengiPampanna SOUTH: Remaining 4 acres 35 cents of land belonging to Appellant i.e., G.Narayana Gouda.

4. The respondent has amicably agreed and has no claim in respect of the remaining 4 acres 35 cents of land in the suit schedule property i.e., Sy No.58/A/C, Sy No. 58/A/D, Sy No. 59/B dry land situated at Kanavi Thimmapura Village, Kamplitaluk, Ballari district, to be retained by the appellant with boundaries as mentioned below:

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EAST: Road WEST: Land of Dengi Siddaramappa NORTH: Remaining 4 acres of land belonging to Respondent i.e., G.Siddana Gouda. SOUTH: Land of Chinnuru Siddappa.

5. The appellant and respondent shall apply jointly for preparation of 11E sketch and for survey and sub- division of their respective properties, accordingly after obtaining necessary documents the appellant will execute the registered sale deed in favour of respondent in respect of 4 acres of land. The expenses for fixing boundaries shall be borne by respective parties in respect of their properties.

6. The appellant has agreed to bear the outstanding encumbrances of Bank of India and others if any in respect of suit schedule property.

7. The respondent has agreed to bear registration charges and other expenses for execution of registered sale deed in respect of his share of 4 acres as mentioned supra.

8. In view of the compromise the consenting witnesses who are the son and daughter of the present appellant, who are also appellants in RFA No. 100586/2024 pending before this Hon'ble court. Further they will not pursue their appeal in respect of the 4 acres of land pertaining to

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respondent to this compromise petition accordingly they have also agreed for the terms of settlement as mentioned supra in respect of suit schedule properties.

9. Hence in view of the compromise the court fee paid by appellant may be refunded to appellant in this appeal in the interest of justice.

10. Accepting the above statements, this Appeal may be disposed of as settled in terms of the compromise between the parties and to draw decree accordingly in the interest of justice and equity.

The terms of this Compromise Petition which are written down in English language are read over and explained in Kannada language to the parties, who after having fully understood the same have affixed their respective signatures out of their free will & consent, without any coercion or undue influence."

3. The contents of the compromise petition are read

over and explained to the parties in Kannada language

known to them, and they have accepted the terms and

conditions of the compromise petition.

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4. I have perused the contents of the compromise

petition. There is no legal impediment in accepting the

compromise petition.

5. The compromise petition is taken on record.

6. Accordingly, the appeal is disposed off, in terms

of the compromise petition.

7. The office is directed to draw the decree, in

terms of the compromise petition.

8. The Office is directed to refund the court fee, as

per Section 66 of the Karnataka Court Fees and Suits

Valuation Act, 1958, in favour of the appellant.

9. Liberty is reserved to the respondent to withdraw

the amount deposited before the trial court.

Sd/-

(ASHOK S. KINAGI) JUDGE

MBS CT: BSB