- 1 - HC-KAR NC: 2025:KHC-D:9069-DB RFA No. 100432 of 2019 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 22ND DAY OF JULY, 2025 PRESENT THE HON'BLE MR. JUSTICE R.NATARAJ AND THE HON'BLE MR. JUSTICE RAJESH RAI K REGULAR FIRST APPEAL NO.100432 OF 2019 (SP) BETWEEN: 1. SRI.MAQSOOD HUSSAIN NAZIRAHMED PATVEGAR, AGED ABOUT 28 YEARS, OCC. BUSINESS, R/AT. 567, SHAMA GALLI, NEW GANDHI NAGAR, BELAGAVI-590004. 2. SRI.NAZIRAHMED SHAMSHUDDIN PATVEGAR AGED ABOUT 63 YEARS, OCC. BUSINESS, R/AT. 567, SHAMA GALLI, NEW GANDHI NAGAR, BELAGAVI-590004. …APPELLANTS (BY SRI.MRUTYUNJAYA TATA BANGI, ADVOCATE) AND: SRI.NISSAR AHMED KHATAL AHMED YAMKANMARDI AGED ABOUT 74 YEARS, OCC. RETIRED TEACHER, R/AT. 987, KALAIGAR GALLI, BELAGAVI-590002. …RESPONDENT (BY SRI.V.M.SHEELVANT, SRI.S.H.MITTALKOD AND SRI. M.L.VANTI, ADVOCATES) THIS RFA IS FILED UNDER SECTION 96 OF CPC., PRAYING TO SET ASIDE THE JUDGMENT AND DECREE PASSED BY THE PRL. SENIOR CIVIL JUDGE AND CJM, BELAGAVI PASSED IN O.S.NO.321/2015 DATED 18.07.2019, INSOFAR AS IT RELATES DECREEING THE SUIT FOR ALTERNATIVE RELIEF OF REFUND OF THE EARNEST MONEY WITH INTEREST AND DISMISS THE SUIT ENTIRETY BY ALLOWING THE PRESENT APPEAL WITH COSTS THROUGHOUT IN THE INTEREST OF JUSTICE AND EQUITY. YASHAVANT NARAYANKAR Digitally signed by YASHAVANT NARAYANKAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH DHARWAD Date: 2025.07.23 11:23:59 +0530 - 2 - HC-KAR NC: 2025:KHC-D:9069-DB RFA No. 100432 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) The suit filed for specific performance of an agreement of sale dated 16.01.2015. The trial Court had decreed the suit in part and ordered for refund of the earnest money paid under the agreement of sale. When this appeal was listed for final hearing, the parties have filed a joint memo which reads as follows; “JOINT MEMO The appellants and respondent jointly submit as under: - 1. The respondents herein instituted a suit in O.S No.321 of 2015 praying for specific performance of agreement of sale deed dated 16.01.2015. The suit came to be disposed by Judgment and Decree dated 18.07.2019 whereby the Trial Court directed for refund of earnest money of Rs.65,00,000/- with interest of 9%. - 3 - HC-KAR NC: 2025:KHC-D:9069-DB RFA No. 100432 of 2019 2. The appeal was admitted subjected to deposit of Rs.50,00,000/-. In compliance of the Interim Order dated 14.01.2020, the amount was deposited before the Trial Court. The respondent/plaintiff has withdrawn the amount so deposited. 3. It is submitted that, the dispute between appellants and respondents has been resolved at the intervention of the elders and well wishers of the both sides and the terms of settlement are as follows: (i) The respondent has agreed to receive total amount of Rs.65,00,000/- in full and final settlement of his claim in respect of agreement of sale dated. 16.01.2015. The respondent states that, he has no claims on any money in respect of present agreement. (ii) The respondent has agreed to receive balance amount of Rs.15,00,000/- for the settlement as he has already withdrawn Rs.50,00,000/- deposited by the appellants. (iii) The appellants have handed over the balance amount of Rs.15,00,000/- by way of Demand Draft bearing no.039439 dated 14.07.2025, 039439 dated 14.07.2025 and 039457 dated - 4 - HC-KAR NC: 2025:KHC-D:9069-DB RFA No. 100432 of 2019 19.07.2025 for Rs.5,00,000/- each drawn on HDFC Bank, Belagavi branch in the name of the respondent. The respondent acknowledges the Demand Drafts. The copies of the Demand Drafts are enclosed herewith. (iv) The respondent has today handed over the cheques bearing nо.040430, 040432, 038812, 040431, issued by appellant no.2. Thus, there are no transaction between appellants and respondents and all financial relations are severed. 4. In view of settlement between the parties the appeal may be kindly be disposed in terms of settlement as stated above. 5. The appellants are liberty to withdraw the court fee paid on memorandum of appeal, the respondents have no objection to that and the court fee paid by the appellant may kindly be released in the name of appellant no.2 who is the father of appellant no.1 to the Account bearing no.50200064705988 in HDFC Bank, Belagavi. The copy of the front page of the passbook is enclosed herewith. WHEREFORE it is prayed that this Hon’ble Court be please to dispose the present appeal as per the terms of the - 5 - HC-KAR NC: 2025:KHC-D:9069-DB RFA No. 100432 of 2019 compromise stated above in the ends of interest and equity.” 2. The appellant No.1 is present and he submits that the appellant No.2 is his father, who has given a power of attorney to represent him in this appeal. The appellant No.1 and the respondent have admitted the terms of the compromise. The respondent has today i.e., on 22.07.2025 handed over the 3 Demand Drafts for a sum of Rs.15,00,000/-. As a result of a compromise, the respondent has consented to the appellants withdrawing a sum of Rs.50,00,000/- deposited and has handed over 3 Demand Drafts for a sum of Rs.15,00,000/-. Simultaneously, the respondent has handed over 4 cheques to the appellants as mentioned in the compromise. Since the compromise entered into between the appellants and the respondent is lawful and is not prohibited by any law, the same is accepted. The suit filed in OS No.321/2015 on the file of the Principal Senior Civil Judge and CJM, Belagavi as well as this appeal stands disposed of in terms of the compromise. - 6 - HC-KAR NC: 2025:KHC-D:9069-DB RFA No. 100432 of 2019 3. In view of the suit being settled by the principles of the Court, the appellants are entitled for full refund of the Court fee paid. Accordingly, the office is directed to refund the entire Court fee paid by the appellant No.2. 4. In token of the acceptance of the terms of the joint memo, the parties and their respective counsels have signed the order sheet of this Court. SD/- (R.NATARAJ) JUDGE SD/- (RAJESH RAI K) JUDGE PJ CT:PA LIST NO.: 1 SL NO.: 27