- 1 - NC: 2025:KHC:6319 RFA No. 71 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MS. JUSTICE JYOTI MULIMANI REGULAR FIRST APPEAL NO. 71 OF 2025 (RES) BETWEEN: 1. SRI WAQUAR ALI H M S/O H.A.MUKTAR AGED ABOUT 42 YEARS, 2. SMT NOOR AIYSHA.M W/O SRI WAQUAR ALI, AGED ABOUT 38 YEARS, BOTH ARE R/AT: NO.122, DEVI NILAYAMA, GROUND FLOOR, 14TH MAIN, III CROSS, MATHIKERE EXTN., BENGLURU - 560 054. …APPELLANTS (BY SRI. RAVISHANKAR SHASTRY.G., ADVOCATE) AND: SMT. K.V.BINDU D/O SRI K.V.VELAUDHAN, W/O SRI A.K.SATHEESH, MAJOR, R/AT 5, DEVI NILAYAM 14TH MAIN, III CROSS, NETHAJI NAGAR, MATHIKERE, BENGALURU-560 054. …RESPONDENT (BY SMT. KAVITHA B.M., ADVOCATE FOR C/R) Digitally signed by PREMCHANDRA M R Location: High Court of Karnataka - 2 - NC: 2025:KHC:6319 RFA No. 71 of 2025 THIS REGULAR FIRST APPEAL IS FILED UNDER SECTION 96 OF THE CPC, 1908. THIS REGULAR FIRST APPEAL IS LISTED FOR ADMISSION, THIS DAY, THE JUDGMENT IS DELIVERED AS UNDER: ORAL JUDGMENT Sri.Ravishankar Shastry.G., counsel for appellants and Smt.Kavitha.B.M., counsel for the respondent have appeared in person. 2. This appeal is filed by defendants 1 and 2 challenging the Judgment and decree dated:14.10.2024 passed by the Court of XX Additional City Civil and Sessions Judge(CCH-32), Bengaluru City. Counsel for respective parties submits that appellants 1 and 2 namely Sri.Waquar Ali.H.M & Smt.Noor Ayisha.M and the respondent namely Smt.K.V.Bindu are present before the Court. They have been duly identified by their respective counsel. Counsel for respective parties submits that during the pendency of the appeal, at the instance of mutual well-wishers, - 3 - NC: 2025:KHC:6319 RFA No. 71 of 2025 the appellants and the respondent have agreed to settle the dispute amicably. Hence, they filed a Memorandum of Compromise Petition under Order 23 Rule 3 of CPC. Counsel therefore, submits that the Compromise Petition may be taken on record and appeal may be disposed of in terms of the compromise petition. 3. When queried, the parties have stated that they have indeed settled the dispute and they have arrived at compromise/ settlement and the appeal may be disposed of in terms of the compromise/ settlement arrived by them. They further state that they have arrived at settlement on their own will and volition without there being any coercion and undue influence from any side. The oral submission made by counsel for the respective parties and the compromise petition is placed on record. I have perused the same with utmost care. 4. The Regular First Appeal is disposed of in terms of the compromise petition, the judgment and decree dated:14.10.2024 passed by the Court of XX Additional City - 4 - NC: 2025:KHC:6319 RFA No. 71 of 2025 Civil and Sessions Judge(CCH-32), Bengaluru City in O.S.No.138/2022 is modified in terms of the compromise petition. The Registry concerned is hereby directed to draw the decree in terms of the compromise petition. Counsel for the appellants submits that the office may be directed to refund the Court fee in favor of appellant No.2. Counsel further submits that he would furnish the details of the Bank account of appellant No.2. Taking note of the submission made by the counsel for the appellants, the Registry concerned is directed to refund the Court fee as per the Karnataka Court Fee and Suits Valuation Act, 1958 to the Bank account of appellant No.2. Sd/- (JYOTI MULIMANI) JUDGE MRP List No.: 1 Sl No.: 14