- 1 - HC-KAR NC: 2026:KHC:15942 RFA No. 2275 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE R. NATARAJ REGULAR FIRST APPEAL NO. 2275 OF 2025 (POS) BETWEEN: MRS. SABIHA SULTHANA @ PARVEEN BEGUM W/O T.M. SHUJATH ALI BAIG, AGED ABOUT 57 YEARS, REP BY HER GPA HOLDER MR. T.M. SHUJATH ALI BAIG S/O MURTUZA ALI BAIG, AGED ABOUT 67 YEARS, R/A NO.25, 1ST FLOOR, 1ST CROSS, SOMESHWARA NAGAR, JAYANAGAR 1ST BLOCK, BENGALURU - 560 011 …APPELLANT (BY SRI. VENKATACHALAPATHI, ADVOCATE) AND: 1. MR. RIZWAN ULLA BAIG S/O AMEER HUSAIN BAIG AGED ABOUT 50 YEARS, R/A NO.21, CHANDINI CHOWK ROAD, SHIVAJINAGAR, BANGALORE - 560 001 2. MR. A.K. KOUSER, S/O ANWAR, AGED ABOUT YEARS, MULSIM, R/A NO.21, Digitally signed by HEMALATHA J Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:15942 RFA No. 2275 of 2025 CHANDINI CHOWK ROAD, SHIVAJINAGAR, BANGALORE - 560 001. …RESPONDENTS (BY SRI.M.D.MUJASSIM, ADVOCATE R1 AND R2) THIS RFA IS FILED UNDER SECTION 96 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 07.08.2025 PASSED IN OS.NO.3014/2017 ON THE FILE OF THE LII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, CITY CIVIL COURT, BENGALURU, DISMISSING THE SUIT FOR POSSESSION. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE R. NATARAJ ORAL JUDGMENT The plaintiff in O.S.No.3014/2017, on the file of the LII Additional City Civil and Sessions Judge, Bengaluru (CCH-53), has filed this appeal challenging the judgment and decree dated 07.08.2025, by which her suit for recovery of possession was dismissed. 2. When this appeal is listed for orders, the parties have filed a compromise petition under Order XXIII Rule 3 of Code of Civil Procedure (henceforth referred to as 'CPC') which reads as follows: - 3 - HC-KAR NC: 2026:KHC:15942 RFA No. 2275 of 2025 COMPROMISE PETITION UNDER ORDER XXIII RULE 3 OF THE CODE OF CIVIL PROCEDURE: The Appellant and the Respondents most respectfully submit as follows: 1. The Appellant and the Respondents have amicably settled the dispute in this Appeal on the advise and intervention of friends, well wishers of the parties. The Compromise is entered upon the terms and conditions appearing herein below. 2. It is submitted that Respondent No.1 hereby concede/admit that the Appellant is the absolute owner of schedule property bearing shop No.21 measuring to an extent East by 11 feet, West by 9 1/3 feet North by 8½ feet and South by 7½ feet, situated at Chandini Chowk Road, Shivajinagar, Bengaluru-560 001, appellant obtained through a registered Gift deed Vide Document No.5964/2002-2003, Book No.1, Stored in CD No.40 registered before the sub registrar at Shivajinagar, Bengaluru dated:- 13/03/2003. 3. It is submitted that the Respondent No.1 hereby confirming that the earlier the mother of the Appellant i.e. Mrs. Maqbool Begum purchased the schedule property from one Mr. Haji Abdul Sattar Abdul Kareem Sait through registered sale deed dated 16/01/1958 in respect of shop No.21 measuring to an extent East by 11 feet, West by 9 1/3 feet North by 8½ feet and South by 7½ feet, situated at Chandini Chowk Road, Shivajinagar, Bengaluru- 560001. - 4 - HC-KAR NC: 2026:KHC:15942 RFA No. 2275 of 2025 4. It is submitted that the Respondent No.1 and mother of the Appellant are entered into a oral rental agreement with respect to the appeal schedule property. On the basis of said oral agreement the 1st Respondent was paying monthly rent to the mother of the Appellant. Without the knowledge of the appellant, The 2nd Respondent is entered as sub tenant under the 1st Respondent. 5. It is further submitted that, at the time oral agreement entered into between the mother of the plaintiff and the 1st Respondent had paid advance amount of Rs. 4,50,000/- (Rupees Four Lakh Fifty Thousand only). And further at the intervention of family friends and relatives of both the parties, the respondents are agreed to vacate the schedule premises subject to repayment of the advance amount paid by respondent No.1 and accordingly the appellant is agreed to return the advance amount of Rs.4,50,000/- (Rupees Four Lakh Fifty Thousand only) to the 1st Respondent and accordingly the appellant is paid Rs.2,50,000/- through Demand Draft bearing No.830923, dated 06/03/2026, drawn on Bank of India, Cooke Town branch, Bengaluru. And also paid Rs.2,00,000/- by way of cash to the Respondent No.1. 6. It is further submitted that the Respondent No.1 and 2 has already vacated the schedule property and agreed to handed key of the schedule property before this Hon'ble court and thereafter agreed to receive the aforesaid D.D and cash of Rs.4,50,000/-. It is further agreed between the parties that there will be further - 5 - HC-KAR NC: 2026:KHC:15942 RFA No. 2275 of 2025 claim of whatsoever, relating to past, present and future against each other. 7. It is further submitted that, the Appellant prays that, this Hon'ble court may be please to order for refund of the entire court fee to the Appellant. Wherefore, The Appellant and Respondent No.1 and 2 prays that this Hon'ble court may be please to record the compromise and dispose the appeal in terms of the compromise so as to meet the ends of justice and equity. SCHEDULE All that piece and parcel of the shop bearing No. 21, situated at Chandini Chowk road, Shivajinagar, Bengaluru, measuring to an extent of East by 11 feet, and West by 9 1/3 feet, North by 8½ feet and South By 7½ feet and bounded on: East by: Shop No.20 belongs to Appellant West by: Municipal Lane North by: Chandini Chowk Road, South by : Property belongs to Puttaswamy." 3. The appellant/plaintiff has paid a sum of Rs.2,50,000/- by way of demand draft and Rs.2,00,000/- in cash to the respondent No.1/defendant No.1. The respondent No.1/defendant No.1 has handed over the keys of the suit sale - 6 - HC-KAR NC: 2026:KHC:15942 RFA No. 2275 of 2025 property to the appellant/plaintiff. The parties are present before the Court and they are identified by their respective counsel. They agree that they have understood the terms of settlement and also agree that they have entered into the settlement without fear, threat, undue influence or coercion. 4. Since the compromise is just and lawful, the same is accepted. The suit filed before the trial Court as well as this appeal stands disposed of in terms of the compromise. The parties have affixed their signatures to the order sheet of this Court in token of acceptance of the terms of the compromise. 5. In view of the above, this appeal as well as the suit before the trial Court is disposed of in terms of the compromise. Office is directed to draw a decree in terms of the compromise. Sd/- (R. NATARAJ) JUDGE BKN List No.: 1 Sl No.: 3