IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 12^TH DAY OF DECEMBER, 2025

BEFORE

THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR REGULAR FIRST APPEAL NO. 1092 OF 2025 (INJ)

BETWEEN:

NUZHATH UZRA

W/O.SYED SAJEED PASHA,

AGED ABOUT 63 YEARS,

RESIDING AT NO.45/1,

MARAPPA BLOCK, J.C NAGAR,

BENGALURU- 560 006

…APPELLANT

(BY SRI. RAMESHA M S., ADVOCATE)

AND:

IDRIS BURAN

S/O.SAFEER BURHAN,

AGED ABOUT 58 YEARS,

PRESENTLY WORKING AS

OPERATING MANAGER AT SAUDI,

A1 FARIS, P.O.BOX NO.273

Digitally signed JUBAIL-31951

by

SHARADAVANI (KINGDOM OF SAUDI ARABIA)

B

Location: High

Court of REPRESENTED BY HIS

Karnataka

POWER OF ATTORNEY HOLDER

MR.SYED JAFFER

S/O. LATE SYED KHADER,

AGED ABOUT 80 YEARS,

RESIDING AT NO.6, 1ST FLOOR, 3RD CROSS, GANDHI NAGARA,

K G HALLI, ARABIC COLLAGE POST,

BENGALURU- 560 045

…RESPONDENT

(BY SRI. SRIDHARN., ADVOCATE FOR C/R)

THIS RFA IS FILED UNDER SEC.96 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 3.03.2025 PASSED IN OS NO.1878/2017 ON THE FILE OF XVII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU, DECREEING THE SUIT FOR PERMANENT INJUNCTION.

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

CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR

ORAL JUDGMENT

This appeal by the defendant in O.S.No.1878/2017 is directed against the impugned judgment and decree dated 03.03.2025 passed by the XVII Additional City Civil and Sessions Judge, Bangalore, whereby the said suit filed by the respondent - plaintiff for permanent injunction, mandatory injunction and other relief in relation to the suit schedule immovable property was decreed in favour of the respondent-plaintiff against the appellant - defendant. As per the impugned judgment and decree, the appellant-defendant was directed to quit and deliver vacant possession of the ground floor portion of the suit schedule property to the respondent - plaintiff within a period of one month from

03.03.2025.

2. The appellant-defendant and respondent-plaintiff represented by his GPA holder have filed a joint memo dated 12.12.2025, whereby the appellant - defendant has agreed to receive Rs.4,00,000/- from the respondent - plaintiff and quit and deliver vacant possession of the suit schedule property within a period of 3 months from today. The appellant and respondent have also agreed that the said sum of Rs.4,00,000/- would be paid by the respondent - plaintiff to the appellant - defendant at the time of the appellant - defendant handing over the vacant possession of the schedule property to the respondent - plaintiff. The said joint memo filed by the parties reads as under:

"JOINT MEMO The Appellant and Respondent jointly have agreed that the Appellant will vacate and handover the vacant possession of Schedule property to the Respondent within a period of Three months from this day. At the time of receiving vacant possession of the Schedule property from the Appellant, the Respondent has undertaken to pay a sum of Rs.4,00,000/- (Rupees Four Lakhs only) to the Appellant.

The Appellant undertakes that she will not sublet any other person in the schedule property till she handover the vacant possession of the schedule property to the Respondent on or before Three months from this day."

3. The aforesaid joint memo is placed on record.

4. The appellant - defendant and the GPA holder of the respondent - plaintiff are physically present before the Court and they have been identified by their respective counsel and admit the contents of the aforesaid joint memo.

5. In the result, I pass the following:

ORDER

(i) The appeal is hereby disposed of in terms of the joint memo dated 12.12.2025 entered into between the parties.

(ii) The appellant-defendant is granted a period of three (3) months from today to quit and deliver vacant possession of the ground floor portion of the suit schedule property to the respondent -

plaintiff.

(iii) At the time of the appellant - defendant handing over vacant possession of the suit schedule property to the respondent -plaintiff, the respondent - plaintiff shall pay