- 1 - HC-KAR NC: 2025:KHC-D:7983-DB RFA No. 100110 of 2019 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 24TH DAY OF JUNE 2025 PRESENT THE HON'BLE MR. JUSTICE R.NATARAJ AND THE HON'BLE MR. JUSTICE RAJESH RAI K REGULAR FIRST APPEAL NO.100110 OF 2019 (SP) BETWEEN: MARUTI, S/O. BHIMAPPA KARAGANVI, AGE: 43 YEARS, OCCUPATION: AGRICULTURE, R/O. MUGALKOD VILLAGE, TQ: RAIBAG, DIST: BELAGAVI-591235. …APPELLANT (BY SRI. S S BAWAKHAN, ADVOCATE) AND: GIRIGOUDA, S/O. SIDAGOUDA PATIL, AGE: 53 YEARS, OCCUPATION: AGRICULTURE, R/O. MUGALKHOD VILLAGE, TQ: RAIBAG, DIST: BELAGAVI-591235. …RESPONDENT (BY SRI. JAGADISH PATIL, ADVOCATE) THIS RFA IS FILED UNDER SECTION 96 READ WITH ORDER 41 RULE 1 OF CPC AGAINST THE JUDGMENT AND DECREE DATED 28.02.2018 PASSED IN O.S.NO.98/2017 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JUDICIAL MAGISTRATE FIRST CLASS RAIBAG, DECREEING THE SUIT FILED FOR SPECIFIC PERFORMANCE OF CONTRACT. Digitally signed by MOHANKUMAR B SHELAR Location: HIGH COURT OF KARNATKA DHARWAD BENCH Date: 2025.06.26 10:16:37 +0530 - 2 - HC-KAR NC: 2025:KHC-D:7983-DB RFA No. 100110 of 2019 THIS APPEAL COMING ON FOR FINAL HEARING THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE R.NATARAJ AND THE HON'BLE MR. JUSTICE RAJESH RAI K ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE R.NATARAJ) This is an appeal filed by the defendant challenging the judgment and decree dated 28.02.2018 passed by the Senior Civil Judge & JMFC, Raibag, in O.S. No.98/2017 by which the defendant was directed to conclude the sale transaction of the suit property in favour of the plaintiff. 2. When this appeal was listed for final hearing, it is brought to the notice of the Court that the plaintiff and the defendant had cancelled the agreement of sale dated 03.07.2013 which was the suit document in O.S. No.98/2017. It is also stated that the cancellation was evidenced by a document, which was registered as No.RBG-1-04537–2023-24, at the Office of the Sub-Registrar, Raibag. A memo along with the copy of the document bearing No.RBG-1-04537–2023-24 is filed and the same is taken on record. - 3 - HC-KAR NC: 2025:KHC-D:7983-DB RFA No. 100110 of 2019 3. The learned counsel for the respondent/plaintiff admits that the sale agreement dated 03.07.2013 is cancelled. 4. In view of the above, nothing survives for consideration in this appeal. Consequently, the appeal filed by the appellant is allowed and the impugned judgment and decree for specific performance is set aside. Since the parties have amicably settled the dispute, the appellant is entitled for refund of court fee. Hence, the office is directed to return the entire court fee to the appellant. All pending applications stand disposed of. Sd/- (R.NATARAJ) JUDGE Sd/- (RAJESH RAI K) JUDGE KMS Ct:vh List No.: 1 Sl No.: 27