- 1 - HC-KAR NC: 2025:KHC:53948-DB RFA No. 784 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF DECEMBER, 2025 PRESENT THE HON'BLE MRS. JUSTICE ANU SIVARAMAN AND THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL REGULAR FIRST APPEAL NO.784 OF 2023 BETWEEN: M/S. HOMES CREATORS INDIA (R) A PARTNERSHIP FIRM, REGD. UNDER INDIAN PARTNERSHIP ACT, 1932, REP. BY ITS MANAGING PARTNER, SRI S. YASEEN MOHIYUDDIN, S/O LATE ABDUL SUDAN, AGED ABOUT 63 YEARS, HAVING ITS OFFICE AT NO.14/69, I MAIN, II CROSS, SANTE MAIDANA, ARASIKERE-573 103. …APPELLANT (BY SRI. KESHAV R. AGNIHOTRI, ADVOCATE) AND: 1. SRI. PRAKASH M. NARIELWALA S/O LATE MANOHARDAS NARIELWALA, AGED ABOUT 75 YEARS, R/AT KARIYAMMA TEMPLE ROAD, ARASIKERE TOWN, HASSAN DISTRICT-573 103. 2. SRI KAMALESH M. NARIELWALA S/O LATE MANOHARDAS NARIELWALA, AGED ABOUT 79 YEARS, Digitally signed by CHANNEGOWDA PREMA Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:53948-DB RFA No. 784 of 2023 R/AT 1ST FLOOR, RAM NIVAS, NAWROJI LANE, GHATKOPAR WEST, MUMBAI-400 086, MAHARASHTRA. 3. SRI ANILKUMAR N. NARIELWALA S/O LATE MANOHARDAS NARIELWALA, AGED ABOUT 85 YEARS, R/AT 1ST FLOOR, RAM NIVAS, NAWROJI LANE, GHATKOPAR WEST, MUMBAI-400 086, MAHARASHTRA. 4. SRI NIRANJAN M. NARIELWALA S/O LATE MANOHARDAS NARIELWALA, AGED ABOUT 96 YEARS, R/AT NO.11, MAHAVEER, AUGUST KRANTI MARG, MUMBAI-400 036, MAHARASHTRA. …RESPONDENTS (BY SRI. SANDEEP LAHIRI, ADVOCATE FOR C/R1 TO R4) THIS RFA IS FILED UNDER SECTION 96 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 21.04.2022 PASSED IN O.S.NO.6/2020 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, ARASIKERE, DECREEING THE SUIT FOR FOR SPECIFIC PERFORMANCE. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:53948-DB RFA No. 784 of 2023 CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN and HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL) Learned counsel appearing for the appellant seeks leave of the Court to withdraw the appeal and has filed a memo to that effect. The memo reads as under; "The Appellant respectfully submits as follows: The dispute between the parties herein has been compromised under a Compromise Decree dated 18.03.2025 in the Court of Senior Civil Judge and JMFC, Arasikere in O.S No.50/2016 in terms of the Joint Memo filed by both the parties before the Trial Court in the above O.S. No.50/2016. Accordingly, the present RFA does not survive anymore for consideration by this Hon'ble Court. As such, the above Appeal may kindly be dismissed as settled out of Court by way of Compromise. Hence this memo. " - 4 - HC-KAR NC: 2025:KHC:53948-DB RFA No. 784 of 2023 2. In view of the memo, appeal is dismissed as withdrawn. Sd/- (ANU SIVARAMAN) JUDGE Sd/- (VIJAYKUMAR A. PATIL) JUDGE RAK List No.: 1 Sl No.: 49