- 1 - NC: 2025:KHC-D:4148 CRP No. 100001 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 3RD DAY OF MARCH, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH CIVIL REVISION PETITION NO. 100001 OF 2024 (-) BETWEEN: 1. SMT. FARZANA W/O. ABDULGAFUR PANTOJI, AGE: 53 YEARS, OCC: HOME MAKER, R/O. GAVI ONI, PANTOJI CHAL, P.B. ROAD, HUBBALLI-580020. 2. BIBISAKEENA D/O. ABDULGAFUR PANTOJI, AGE: 32 YEARS, OCC: HOME MAKER, R/O. GAVI ONI, PANTOJI CHAL, P.B. ROAD, HUBBALLI-580020. 3. SRI. SAKEEBA RAZA S/O. ABDULGAFUR PANTOJI, AGE: 29 YEARS, OCC: BUSINESS, R/O. GAVI ONI, PANTOJI CHAL, P.B. ROAD, HUBBALLI-580020. 4. SRI. SAMEED RAZA S/O. ABDULGAFUR PANTOJI, AGE: 26 YEARS, OCC: BUSINESS, R/O. GAVI ONI, PANTOJI CHAL, P.B. ROAD, HUBBALLI-580020. 5. SRI. MOHAMMED S/O. HAJARATSAB PANTOJI, AGE: 62 YEARS, OCC: BUSINESS, R/O. JAGADGURU MOORUSAVIRMATH COMPLEX, NEAR BASAV VAN, P.B. ROAD, HUBBALLI-580020. …PETITIONERS (BY SRI. J.S. SHETTY ASSOCIATES & SRI. N.M. PATIL, ADVOCATES) AND: SRI. JAGADGURU GANGADHAR DHARMA PRACHARAK MANDALI, SOLE TRUSTEE SRI. GURUSIDDARAJ YOGENDRA, MAHASWAMIGALU GURU GANGADHAR RAJYOGENNDRA MAHASWAMIGALU MOORUSAVIRMATH, REPRESENTED BY ITS GPA HOLDER, SRI. ANANDGOUDA S/O. BASANAGOUDA PATIL, MOHANKUMAR B SHELAR Digitally signed by MOHANKUMAR B SHELAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - NC: 2025:KHC-D:4148 CRP No. 100001 of 2024 AGE: 66 YEARS, OCC: MANAGER, R/O. HUBBALLI-580020. …RESPONDENT (BY SRI. CHETAN LIMBIKAI, ADVOCATE) THIS CIVIL REVISION PETITION IS FILED UNDER SECTION 115 OF CPC, PRAYING THAT THE JUDGMENT AND DECREE DATED 27.10.2023 PASSED BY THE II ADDITIONAL SENIOR CIVIL JUDGE AND JMFC HUBBALLI IN S.C.NO.160/2017, MAY KINDLY BE SET ASIDE AND SMALL CAUSE SUIT FILED BY THE RESPONDENT HEREIN, MAY KINDLY BE DISMISSED WITH THE COST BY ALLOWING THIS REVISION PETITION WITH THE COST THROUGHOUT IN THE ENDS OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING: CORAM: THE HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER This petition is filed by the defendants in S.C.No.160/2017 challenging the order dated 27.10.2023 passed by the II-Additional Senior Civil Judge and JMFC, Hubballi. The suit came to be decreed in part and being aggrieved by the same, the defendants have preferred this revision petition. - 3 - NC: 2025:KHC-D:4148 CRP No. 100001 of 2024 2. At the instance of the parties, the matter was referred to the Mediation Centre, High Court of Karnartaka, Dharwad Bench, and the parties have settled the matter amicably and as such, Memorandum of Agreement under Section 89 of the Code of Civil Procedure, 1908 read with Rule 24 and 25 of the Karnataka Civil Procedure (Mediation) Rules, 2007, is filed. 3. The parties are present before the Court. 4. Learned counsel appearing for the petitioners has filed General Power of Attorney by petitioner No.1 to 3 appointing the attorney/petitioner No.4 to conclude the proceedings before this Court. Petitioner No.4 and 5, and the respondent are present. 5. The parties voluntarily submitted that they have resolved the dispute in terms of the Memorandum of settlement. Accordingly, the petition is disposed of in terms of the report of the mediation and in terms of the Memorandum of Agreement signed by the parties before the Mediation Centre. Therefore, in view of the settlement arrived at between the parties, the judgment in S.C.No.160/2017 dated 27.10.2023 - 4 - NC: 2025:KHC-D:4148 CRP No. 100001 of 2024 requires to be modified in terms of the settlement arrived at by the parties as stated above. 6. The amount in deposit, if any, before this Court be transmitted to the Court below for further disbursement in favour of respondent-plaintiff in S.C.No.160/2017. It is also submitted by the learned counsel appearing for the parties that some of the rental dues were deposited before the Court below. Hence, the concerned Court below is ordered to disburse the same in favour of the respondent/plaintiff. Sd/- (E.S.INDIRESH) JUDGE YAN CT-MCK List No.: 2 Sl No.: 1