- 1 - NC: 2025:KHC:10280-DB RFA.CROB No. 20 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF MARCH, 2025 PRESENT THE HON'BLE MR JUSTICE K.SOMASHEKAR AND THE HON'BLE MR JUSTICE VENKATESH NAIK T RFA CROSS OBJECTION NO. 20 OF 2022 (SP) IN RFA 168 OF 2022 BETWEEN: MOHAMMAD ISMAIL S/O MOHAMMED HANEEF AGED 61 YEARS R/AT JUNIGIRI STREET SRIRANGAPATNA MANDYA DISTRICT AND ALSO AT NO.2031, 2ND PHASE 2ND STAGE, RAJIV NAGAR NEAR RING ROAD, MYSORE-570 009. …CROSS OBJECTOR (BY SRI. M J ALVA - ADVOCATE) AND: C K SANGRAM SINGH S/O LATE SRI KRISHNA SINGH AGED 72 YEARS R/AT NO.58, 3RD MAIN ROAD VYALIKAVAL, BANGALORE-560 003. …RESPONDENT THIS RFA.CROB IN RFA 168/2022 FILED UNDER ORDER 41 RULE 22(1) OF CPC PRAYING TO SET ASIDE THE JUDGMENT AND DECREE DATED 19.11.2021 PASSED IN OS No.121/2008 ON THE FILE OF THE V-ADDITIONAL SENIOR CIVIL JUDGE, BENGALURU RURAL DISTRICT, BENGALURU, TO THE EXTENT Digitally signed by SUMATHY KANNAN Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:10280-DB RFA.CROB No. 20 of 2022 OF THE DECREE DECLARING THE ENTITLEMENT OF THE PLAINTIFF FOR REFUND OF THE ALLEGED EARNEST MONEY OF Rs.15 LAKHS (RUPEES FIFTEEN LAKHS ONLY) WITH INTEREST AT THE RATE OF 18% PER ANNUM FROM THE DATE OF THE EXECUTION OF THE AGREEMENT OF SALE DATED 24.01.2007 TILL THE DATE OF JUDGMENT AND THE FUTURE INTEREST AT THE RATE OF 6% PER ANNUM TILL REALIZATION OF THE ENTIRE AMOUNT. THIS RFA.CROB, COMING ON FOR ORDERS, THIS DAY, ORDER WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE K.SOMASHEKAR AND HON'BLE MR JUSTICE VENKATESH NAIK T ORAL JUDGMENT (PER: HON'BLE MR JUSTICE K.SOMASHEKAR) This cross-objection is filed by the Cross-objector relating to the judgment and decree rendered by the trial Court in O.S.No.121/2008 dated 19.11.2021. Since the objections raised by the Office was not complied, the cross objections came to be dismissed on 25.01.2023. 2. Learned counsel Sri M.J.Alva for the cross-objector is present before the Court physically. He press into service for consideration of I.A.1/2023 to condone the delay of 130 days in filing the cross objection and also I.A.2/2023 to recall the order dated 25.01.2023. The applications are appended with - 3 - NC: 2025:KHC:10280-DB RFA.CROB No. 20 of 2022 affidavits of the cross-objector. The reasons assigned in the affidavits are found to be justifiable and also reasonable. Consequently, I.A.1/2023 is hereby allowed and delay of 130 days is condoned. I.A.2/2023 is also allowed and the order dated 25.01.2023 is recalled and the cross-objections is restored to its file. 3. Counsel for the cross-objector has filed a memo seeking withdrawal of the case. It is stated in the memo that during the pendency of the appeal the dispute between the parties has been amicably settled. The memo is taken on record. Consequently, the cross-objections is dismissed as withdrawn. Registry is directed to refund the Court fee to the cross- objector, on due identification. Accordingly, ordered. SD/- (K.SOMASHEKAR) JUDGE SD/- (VENKATESH NAIK T) JUDGE DKB