IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13^TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE R. NATARAJ REGULAR FIRST APPEAL NO. 730 OF 2023 (SP)

BETWEEN:

1. MOHAMMED AGSAR S/O MOHAMMED DASTIGIR, AGED ABOUT 39 YEARS, R/AT NO.13, 8^TH CROSS, PADARAYANAPURA, BENGALURU-560026.

2. VAZIR AHMED S/O MOHAMMED DASTIGIR AGED ABOUT 44 YEARS, R/AT NO.13-G, 8^TH CROSS, PADARAYANAPURA, BENGALURU-560026.

…APPELLANTS (BY SRI. ZAMEER PASHA, ADVOCATE)

Digitally AND:

signed by SUMA MR. M.K.VENKATACHALAPATHY Location:

S/O M.N. KRISHNAIAH SETTY, HIGH COURT OF AGED ABOUT 65 YEARS, KARNATAKA R/AT NO.6/1, E NO. 3^RD STREET, NANDARAM SINGH LANE CROSS, BENGALURU-560001.

…RESPONDENT (BY SRI. DHIRAJ A.K., ADVOCATE)

THIS RFA IS FILED UNDER SECTION 96 OF THE CPC, AGAINST THE JUDGMENT AND DECREE DATED 27.10.2021 PASSED IN OS.NO.6334/2013 ON THE FILE OF THE XXXIX ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BANGALORE CITY, DECREEING SUIT FOR SPECIFIC PERFORMANCE.

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

CORAM: HON'BLE MR. JUSTICE R. NATARAJ

ORAL JUDGMENT

This appeal is filed by the defendants in O.S No.6334/2013 on the file of XXXIX Additional City Civil Judge, (CCH-40), Bengaluru City, challenging the judgment and decree dated 27.10.2021, by which the trial Court decreed the suit for specific performance of an agreement of sale dated

24.09.2010 and granted consequential reliefs.

2. When this appeal was listed for 'orders', the parties have filed a compromise petition under Order XXIII Rule 3 of CPC which reads as follows:

"4. That by the intervention of well wishers and close friends, Appellants and Respondent have amicably settled the disputes between them to put quietus to all issues. The settlement arrived by Parties are reduced into writing and reads as under;

a) Defendants have paid a sum of Rs.20,00,000/-

(Rupees Twenty Lakhs Only) to the plaintiff today towards due discharge of liability under registered agreement of sale dated 24.09.2010 in the following manner;

(i) A sum of Rs 15,00,000/-(Rupees Fifteen Lakhs Only) is paid through Demand Draft No.218234, dated 12.03.2026, drawn on Tamil Nadu Mercantile Bank, Kanakapura Branch in the name of respondent/plaintiff (Photo copy enclosed)

(ii) A sum of Rs 5,00,000/- (Rupees Five Lakhs Only) is paid through Pay Order No.145056, dated 12.03.2026, drawn on IDBI Bank, Kanakapura Branch in the name of respondent/plaintiff (Photo copy enclosed)

b) Plaintiff has acknowledged receipt of Rs.20,00,000/-(Rupees Twenty Lakhs Only) from Defendants today in the manner stated above towards full and final settlement for due discharge of liability on defendant no.1 under registered agreement of sale dated 24.09.2010 c) Since the plaintiff has discharged the liability of the defendant no.1 under the registered agreement of sale dated 24.09.2010, plaintiff has no objection for this Hon'ble Court to allow this appeal by setting aside the judgment and decree dated 27.10.2021 passed in O.S No.6334/2013 by the learned XXXIX Addl. City Civil Judge (CCH-40) Bengaluru City and dismissing the suit of the Plaintiff d) Defendant has no objection for the plaintiff/respondent to receive the court fees liable to be refunded in terms of Sec 66 of Karnataka Court Fees and Suit Valuation Act in this appeal in-view of recording of compromise e) Plaintiff had filed Execution Petition No

2219/2022 before the learned XXXIX Addl. City Civil Judge (CCH-40) Bengaluru City for execution of judgment and decree dated 27.10.2021 passed in O.S No.6334/2013 by the learned XXXIX Addl. City Civil Judge (CCH- 40) Bengaluru City. Plaintiff undertakes to withdraw the said execution petition.

f) Plaintiff/respondent has deposited Rs 17784/-

in Ex.P.No.2219/2022 towards balance of sale consideration amount after deduction of costs before executing court. Defendants/Appellants have objection for plaintiff/respondent to receive the amount deposited in Execution Petition.

g) If for any reason plaintiff/respondent, n