Sri.Balakrishnagouda S/O Ramanagouda Timmanagoudar v. Shivayogi S/O Ochannaveerappa Benkishettar
Case brief
What is this about?
RFA 100327/2018 (POS), Karnataka HC Dharwad, decided 15.12.2025 by R. Devdas and B. Muralidhara Pai, JJ.; disposal by compromise under Order XXIII Rule 3 CPC; parties: Timmanagoudar family (legal representatives of deceased Balakrishnagouda) v. Shivayogi (auction purchaser) and Canara Bank Annigeri Branch; subject: suit schedule property sold in bank auction; settlement Rs. 65,00,000/- payable by 15.04.2026; default clause permitting execution of O.S.No.3/2015 decree dated 26.06.2018 and taking possession; appeal allowed in terms of compromise; court fee refund; no precedent discussed.
What did the court decide?
Appeal allowed in terms of the compromise petition under Order 23 Rule 3 CPC: appellants to pay respondent No.1 Rs.65,00,000/- on or before 15.04.2026 towards full and final settlement; failing such payment, respondent No.1 may execute the trial court decree in O.S.No.3/2015 (dated 26.06.2018) and take over possession of the suit schedule property without objection from the appellants; decree to be drawn in terms of the compromise; signatures to be affixed on the order sheet; court fee ordered to be returned to the appellants in accordance with law.