- 1 - HC-KAR NC: 2025:KHC:48429 RFA No. 1506 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR REGULAR FIRST APPEAL NO. 1506 OF 2024 (SP) BETWEEN: 1. ZIYAULLA S/O IMAM SAB AGED ABOUT 33 YEARS AGRICULTURIST R/O DONABAGHATTA VILLAGE BHADRAVATHI TALUK - 577 229 …APPELLANT (BY SRI. VARADARAJ R. HAVALDAR, ADVOCATE) AND: 1. ZAIBUNNISSA D/O LATE SYED HANEEF SAB AGED ABOUT 45 YEARS HOUSEHOLD WORK 2. ASMATHUNNISSA D/O LATE SYED HANEEF SAB AGED ABOUT 43 YEARS HOUSEHOLD WORK 3. SHABEENA BHANU D/O LATE SYED HANEEF SAB AGED ABOUT 37 YEARS 4. SYED SALEEM S/O LATE SYED DASTAGIRI SAB AGED ABOUT 28 YEARS Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:48429 RFA No. 1506 of 2024 5. SYED SALMAN S/O LATE SYED DASTAGIRI SAB AGED ABOUT 26 YEARS 6. SYED JABI @ JABIULLA S/O LATE SYED DASTAGIR SAB AGED ABOUT 24 YEARS 7. SYED IMRAN S/O LATE SYED DASTAGIR SAB AGED ABOUT 30 YEARS 8. TAHSEENA BANU D/O LATE SYED DASTAGIR SAB AGED ABOUT 22 YEARS 9. YASMIN BANU D/O LATE SYED DASTAGIR SAB AGED ABOUT 20 YEARS 10. SHAMEEM BI W/O LATE SYED GUFFAR SAB AGED ABOUT 61 YEARS RESPONDENT NO.1 AND 4 TO 10 ARE RESIDENTS OF HOLENERALAKERE VILLAGE KAVALGONDHI POST BHADRAVATHI POST BHADRAVATHI TALUK 577 301 RESPONDENT NOS.2 AND 3 ARE RESIDENTS OF SOMINAKOPPA SHIVAMOGGA - 577 204 …RESPONDENTS (BY SRI. NAVEED AHMED, ADVOCATE FOR R1 TO R10) - 3 - HC-KAR NC: 2025:KHC:48429 RFA No. 1506 of 2024 THIS RFA IS FILED UNDER SECTION 96 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 07.03.2024 PASSED IN OS.NO.21/2020 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE, BHADRAVATHI, PARTLY DECREEING THE SUIT FOR SPECIFIC PERFORMANCE. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR ORAL JUDGMENT Learned counsel for the appellant has filed a memo which is signed by the appellant seeking withdrawal of the appeal. The said memo reads as under: "MEMO FILED ON BEHALF OF APPELLANT FOR WITHDRAWAL OF APPEAL 1. In this appeal, the appellant has questioned the legality and factual correctness of the judgment and decree dated: 07-03-2024, passed in O.S. No.21/2020, by the court of Prl. Senior Civil Judge at Bhadravathi, whereby, the said Trial Court did not grant prayer for specific performance in respect of suit schedule property consisting of 1 Acre 35 guntas of land in Sy.No.47/3 of Holeneralakere grama, Kasaba-1 Hobli, Bhadravathi Taluk, of the agreement of sale, but directed the respondents/ defendants to pay to the - 4 - HC-KAR NC: 2025:KHC:48429 RFA No. 1506 of 2024 appellant/plaintiff a sum of Rs.9,00,000/- with interest @6% per annum. On the appeal memo, appellant has paid a court fee of Rs.64,125/- in terms of Section 49 of the Karnataka Court Fees and Suits Valuation Act, 1958. 2. Respondents/defendants had filed O.S. No. 492/2024 in the court of 2nd Addl. Civil and JMFC, Bhadravathi, against the appellant/plaintiff for grant of decree of bare injunction. The said suit was settled before Lok-Adalath. Copy of the order dated: 08.07.2023 of Lok-Adalath is enclosed as ANNEXURE-'A'. 3. During the pendency of the above appeal, on the advice of well-wishers of the appellant/plaintiff and respondents/defendants, the dispute between the parties has been settled out of Court proceedings and as per such settlement, the respondents/ defendants have executed Registered Sale Deed dated: 10.01.2025 in respect of suit schedule property consisting of 1 Acre 35 guntas of land in Sy. No.47/3 of Holeneralakere Grama, Kasaba-1 Hobli, Bhadravathi Taluk. The said sale deed has been registered in the office of the Sub-Registrar, Bhadravathi in Book No.1, document No.BVT-1-08321/2024-25 on 16.01.2025. In view of the above development, the appellant/plaintiff does not wish to prosecute the above appeal. 4. Appellant/plaintiff, in view of the settlement reached between the parties, prays for full refund of the court fee of - 5 - HC-KAR NC: 2025:KHC:48429 RFA No. 1506 of 2024 Rs.64,125/- paid on the memorandum of appeal. It is submitted that in the judgment of the Apex Court reported in AIR 2021 Supreme Court page No.2662, the Apex Court held that even in private settlement of the dispute outside of court without requiring judicial intervention, the parties are entitled to the refund of full court fee. Copy of the said judgment enclosed as ANNEXURE-'B'. WHEREFORE, it is humbly prayed that this Hon'ble Court be pleased to take the memo on record and dispose of the above appeal as withdrawn and also order refund of full court fees of Rs.64,125/- in the interest of justice and equity." 2. As can be seen from the aforesaid memo filed on behalf of the appellant, the matter has been amicably settled between the parties by executing a registered Sale Deed dated 10.01.2025 in favour of the plaintiff by the respondents-defendants. Accordingly, the appeal stands disposed of as withdrawn. 3. Registry of this Court is directed to refund the entire Court Fee of Rs.64,125/- paid on the memorandum of appeal back to the appellant immediately, without any delay. 4. Registry of the Trial Court is also directed to refund the entire Court Fee paid on the memorandum of plaint back to the - 6 - HC-KAR NC: 2025:KHC:48429 RFA No. 1506 of 2024 appellant forthwith, immediately upon receipt of the copy of this order. Sd/- (S.R.KRISHNA KUMAR) JUDGE SJK List No.: 1 Sl No.: 24 CT-SG