- 1 - NC: 2025:KHC-D:4277-DB RFA No. 100334 of 2020 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 5TH DAY OF MARCH, 2025 PRESENT THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM AND THE HON'BLE MR. JUSTICE G BASAVARAJA REGULAR FIRST APPEAL NO. 100334 OF 2020 (RES) BETWEEN: 1. MR. DASTAGIR IBRABHIM AGA AGE : 48 YEARS, OCC : BUSINESS, R/O : KHADE BAZAR, BELAGAVI-590001. 2. SMT. MUMATAZ ABDULRAHAMAN SHAIKH AGE : 63 YEARS, OCC : HOUSEHOLD WORK, R/O : KHADE BAZAR, BELAGAVI-590001. 3. SMT. ASHABI HOUSEN BAIG AGE : 62 YEARS, OCC : HOUSEHOLD WORK, R/O : KHADE BAZAR, BELAGAVI-590001. 4. MR. YUSUF NAZIR AGA AGE : 60 YEARS, OCC : BUSINESS, R/O : KHADE BAZAR, BELAGAVI-590001. 5. MR. ARIF NAZIR AGA AGE : 56 YEARS, OCC : BUSINESS, R/O : KHADE BAZAR, BELAGAVI-590001. 6. SHRI. SALIM NAZIR AGA AGE : 51 YEARS, OCC : BUSINESS, R/O : KHADE BAZAR, BELAGAVI-590001. Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-D:4277-DB RFA No. 100334 of 2020 7. SMT. YASMIN NAZIR AGA SINCE DECEASED REP. BY HER LRS. I.E., APPELLANTS, R2 (A) TO (D) AND R3 AS PER ORDER DATED 20.12.2024. 8. SMT. KAUSAR SYED GHOUSE AGE : 48 YEARS, OCC : HOUSEHOLD WORK, R/O : KHADE BAZAR, BELAGAVI-590001. …APPELLANTS (BY SRI. SANTOSH B. RAWOOT, ADVOCATE) AND: 1. KISHAN YOJANA DEVELOPERS PVT. LTD., A PRIVATE LIMITED COMPANY, BEARING ITS CORPORATE IDENTITY NUMBER : U70100KA2012PTC064776/2012-2013 REPRESENTED BY ITS DIRECTOR, SHRI. ARIF NOOR MOHAMMAD ALAS R/O: DEVARAJ NAGAR, PATTAR COMPLEX, POST : TERDAL TQ : JAMAKHANDI, DIST : BAGALAKOT-587315. 2. MR. ABDULKHADAR IBRABHIM AGA AGE : 56 YEARS, OCC : BUSINESS, R/O : KHADE BAZAR, BELAGAVI-590001. 2(A) SMT. KHAIRUNNISA ABDUL KHADAR AGA AGE: 51 YEARS, OCC: HOUSE HOLD WORK, R/O: CTS NO.3782/3783, KOTWAL GALLI, BELAGAVI-590001. 2(B) SHRI. SABEER ABDUL KHADAR AGA AGE: 28 YEARS, OCC: HOUSE HOLD WORK, R/O: CTS NO.3782/3783, KOTWAL GALLI, BELAGAVI-590001. 2(C) SHRI. MOHIDDIN ABDUL KHADAR AGA - 3 - NC: 2025:KHC-D:4277-DB RFA No. 100334 of 2020 AGE: 26 YEARS, OCC: HOUSE HOLD WORK, R/O: CTS NO.3782/3783, KOTWAL GALLI, BELAGAVI-590001. 2(D) KUMAR. MEHER SAFA ABDUL KHADAR AGA AGE: 15 YEARS, OCC: HOUSE HOLD WORK, R/O: CTS NO.3782/3783, KOTWAL GALLI, BELAGAVI-590001. SINCE MINOR REPRESENTED BY RESPONDENT NO.2A NATURAL GUARDIAN MOTHER. 3. SMT. REHANA L. SHAIKH AGE : 60 YEARS, OCC : BUSINESS, R/O : KHADE BAZAR, BELAGAVI-590001. …RESPONDENTS (BY SRI. GIRISH YADWAD, ADVOCATE FOR R1; SMT. PRIYANKA HANAMANT PAWAR, ADVOCATE FOR R2 (A TO D); NOTICE TO R3 SERVED) THIS RFA IS FILED UNDER SEC. 96 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED.12.03.2020 PASSED IN O.S.NO.216/2019 ON THE FILE OF THE IV ADDITIONAL SENIOR CIVIL JUDGE AND JUDICIAL MAGISTRATE FIRST CLASS, BELAGAVI, PARTLY DECREEING THE SUIT FILED FOR CANCELLATION OF AGREEMENT OF SALE. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM AND THE HON'BLE MR. JUSTICE G BASAVARAJA - 4 - NC: 2025:KHC-D:4277-DB RFA No. 100334 of 2020 ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM) Today, the Memorandum of Agreement, as recorded by the Mediation Centre at the High Court of Karnataka, Dharwad Bench, Dharwad, has been placed before this Court. This agreement has been executed under Section 89 of the Code of Civil Procedure, in conjunction with Rules 24 and 25 of the Karnataka Civil Procedure (Mediation) Rules, 2007. The document, duly signed by all the concerned parties, clearly indicates that the dispute has been amicably settled in accordance with the terms and conditions outlined in the Memorandum of Agreement. All parties involved in the matter are personally present before this Court. Upon deliberation and inquiry, the defendants have explicitly acknowledged that they have thoroughly reviewed the terms of the compromise agreement. They have further confirmed that, after careful consideration and complete satisfaction with the terms, they have voluntarily affixed their signatures to the agreement. Additionally, none of the parties - 5 - NC: 2025:KHC-D:4277-DB RFA No. 100334 of 2020 have raised any concerns regarding coercion, undue influence, or pressure in arriving at this settlement. In light of the above, the present appeal stands disposed of in accordance with the terms set forth in the Memorandum of Agreement. The Office is directed to take necessary steps to draw up the decree in accordance with the settled terms. Consequently, the judgment and decree previously rendered by the IV Additional Senior Civil Judge and J.M.F.C., Belagavi, in O.S. No. 216/2019, is hereby set aside. Furthermore, as per the prevailing legal provisions, the Registry is directed to ensure that the applicable Court fee is refunded to Appellant No.1. The refund shall be processed strictly in accordance with the law governing such matters. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE Sd/- (G BASAVARAJA) JUDGE RSH / Ct-cmu LIST NO.: 1 SL NO.: 4