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 Ju