HC-KAR NC: 2026:KHC:24369-DB RFA No. 1 of 2019 C/W RFA No. 2 of 2019 1 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF APRIL, 2026 PRESENT HON'BLE MRS. JUSTICE ANU SIVARAMAN AND HON'BLE MS. JUSTICE TARA VITASTA GANJU REGULAR FIRST APPEAL NO. 1 OF 2019 (SP) C/W REGULAR FIRST APPEAL NO. 2 OF 2019 (SP) IN RFA No. 1/2019 BETWEEN: 1. MR. SYED ISAC S/O SYED MEER MOHAMMAD, AGED ABOUT 57 YEARS, 2. MR. SYED ZABIVULLA S/O SYED MEER MOHAMMED, AGED ABOUT 50 YEARS, BOTH ARE R/ 1ST MAIN, DR. RAMA MANOHAR LOHIA NAGAR, SHIVAMOGGA -577 201. PRESENTLY RESIDING AT "M. M HOUSE", MANJUNATHA, BADAVANE 100FT ROAD, SHIVAMOGGA-577 201. …APPELLANTS (BY SRI. M.V. PARAMESHWARAPPA, ADVOCATE FOR; SRI. VARADARAJ R. HAVALDAR, ADVOCATE) AND: 1. MR. J GOPALAKRISHNA NELLI S/O JANARDHANA NELLI, AGED 80 YEARS, Digitally signed by SUMATHY KANNAN Location: HIGH COURT OF KARNTAKA HC-KAR NC: 2026:KHC:24369-DB RFA No. 1 of 2019 C/W RFA No. 2 of 2019 2 2. SMT. SUMITHRA NELLI W/O GOPALAKRISHNA NELLI, AGED 74 YEARS, BOTH ARE R/O NELLI SADANA, KUVEMPU ROAD, SHIVAMOGGA CITY-577 201. 3. MR. G.PRAKASH NELLI S/O GOPALAKRISHNA NELLI, AGED 58 YEARS, R/O NO.4 SANKY APARTMENT, SADASHIVA NAGAR, BENGALURU-560 080. 4. MR. G.DEEPAK NELLI S/O GOPALAKRISHNA NELLI, AGED 46 YEARS, R3 & R4 ARE REPRESENTED BY THEIR POWER OF ATTORNEY HOLDER, SMT SUMITHRA NELLI, R/O NELLI SADANA, KUVEMPU ROAD, SHIVAMOGGA CITY-577 201. 5. MR. SYED MUSSAVEER PASHA S/O SYED MEER MOHAMMED, AGED 40 YEARS, NOW RESIDING AT 3RD CROSS, TANK MOHALLA, SHIVAMOGGA-577 201. …RESPONDENTS (BY P.N. HARISH, ADVOCATE FOR R1 TO R4; R5 SERVED) THIS RFA FILED UNDER SECTION 96 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 04.10.2018 PASSED IN HC-KAR NC: 2026:KHC:24369-DB RFA No. 1 of 2019 C/W RFA No. 2 of 2019 3 O.S.NO.79/2010 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND CJM, SHIVAMOGGA, DISMISSING THE SUIT FOR SPECIFIC PERFORMANCE OF CONTRACT. IN RFA NO. 2/2019 : BETWEEN: 1. MR SYED ISSAC S/O SYED MEER MOHAMMAD 57 YEARS R/O 1ST MAIN DR.RAMA MANOHAR LOHIA NAGAR SHIVAMOGGA-577 201 PRESENTLY RESIDING AT "M .M. HOUSE" MANJUNATHA BADAVANE, 100 FT. ROAD SHIVAMOGGA-577 201 ...APPELLANT (BY SRI. M.V. PARAMEHSWARAPPA, ADVOCATE FOR; SRI. VARADARAJ R HAVALDAR., ADVOCATE) AND: 1. MR. J.GOPALAKRISHNA NELLI S/O JANARDHANA NELLI, AGED ABOUT 80 YEARS, 2. SMT. SUMITHRA NELLI W/O GOPALAKRISHNA NELLI, AGED ABOUT 74 YEARS, R1 AND R2 ARE R/O NELLI SADANA, KUVEMPU ROAD, SGUVANIGGA CITY-577 201. 3. MR. G.PRAKASH NELLI S/O GOPALAKRISHNA NELLI, AGED ABOUT 58 YEARS, HC-KAR NC: 2026:KHC:24369-DB RFA No. 1 of 2019 C/W RFA No. 2 of 2019 4 4. MR. G.ABHIJITH NELLI S/O PRAKASH NELLI, AGED ABOUT 19 YEARS, R3 & R4 ARE RESIDENT OF NO.4, SYANKI APARTMENT SADASHIVANAGAR BENGALURU-560 080 ...RESPONDENTS (BY SRI. P.N.HARISH.,ADVOCATE FOR R1 TO R3) THIS RFA FILED UNDER SECTION 96 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 04.10.2018 PASSED IN O.S.NO.267/2007 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND CJM, SHIVAMOGGA, DECREEING THE SUIT FOR RECOVERY OF POSSESSION. THESE APPEALS, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN & HON'BLE MS. JUSTICE TARA VITASTA GANJU ORAL JUDGMENT (PER: HON'BLE Ms. JUSTICE TARA VITASTA GANJU) 1. The present appeals have been filed by the common appellants seeking to challenge the common judgment and decree dated 04.10.2018, passed by the Principal Senior Civil Judge and C.J.M., at Shivamogga, in O.S.Nos.267/2007 and O.S. No.79/2010. HC-KAR NC: 2026:KHC:24369-DB RFA No. 1 of 2019 C/W RFA No. 2 of 2019 5 2. This Court by its order dated 31.01.2026 referred the parties to mediation at Shivamogga. The learned counsel for the parties submit that the mediation was successful and the parties have settled their inter-se disputes. They seek to rely upon the Mediation Agreement dated 15.04.2026, in this behalf. It is apposite to set out the relevant extract of this Agreement below : “ 1. The appellants have agreed to vacate and deliver the vacant possession of the suit schedule property mentioned in O.S.No.79/2010 on the file of the Hon'ble Prl. Senior Civil Judge, Shivamogga, to the respondent No. 1 to 4. 2. The appellants have agreed to receive a total and consolidated amount of Rs.25,00,000-00 [Twenty Five Lakhs only] from respondents 1 to 4 towards the full and final settlement of all their claims whatsoever in respect of the suit schedule properties in both the aforesaid suits from the respondent No. 1 to 4. 3. The appellants have agreed to handover the key of that portion of the suit schedule property in O.S.No.79/2010 to the respondents 1 to 4 before the Hon'ble High Court of Karnataka at the time of reporting this settlement. HC-KAR NC: 2026:KHC:24369-DB RFA No. 1 of 2019 C/W RFA No. 2 of 2019 6 4. The respondents 1 to 4 have agreed to pay a crossed cheque drawn on Canara Bank, Main Branch, Shivamogga bearing cheque No.207365 dated:27- 04-2026 for the said amount of Rs.25,00,000/- of that date of reporting the settlement. The appellants have agreed that the said cheque for Rs.25,00,000/- shall be given in the name of the 2nd appellant Mr. Syed Zabivulla and that he shall receive the said amount for and on behalf of the 1st appellant also. 5. The appellants herein are not pressing both appeals against the respondent No.5 since he is not contesting the appeal. 6. The respondents 1 to 4 are entitled to enjoy the said properties as the absolute owners with title and possession without any claim whatsoever from the appellants and their parties. 7. The appellant No.2 is entitled to get the refund of the court fee which is paid by appellant No.2 and the respondents 1 to 4 have no objection for refund of the full court fee in favour of appellant No.2. However, the parties have agreed to bear their own costs throughout. The appellant No.1 has no objection to refund the entire court fee in favour of the appellant No.2. 3. The learned counsel for the respondents submits that Mr.G.Prakash Nelli/respondent No.3 is appearing on behalf of himself and on behalf of respondent No.1, while HC-KAR NC: 2026:KHC:24369-DB RFA No. 1 of 2019 C/W RFA No. 2 of 2019 7 remaining respondents are represented by their Power of Attorney, respondent No.2. The learned counsel for the appellants submit that Mr. Syed Zabivulla/appellant No.2 is present in Court, who is the brother of Mr. Syed Isac/appellant No.1. The parties jointly submit that there is no further disputes inter-se. 4. The learned counsel for the respondents submits that the subject premises has been vacated by the respondents and that the keys for the subject premises have been handed over in Court by Mr.G Prakash Nelli. 4.1 The Learned counsel for the appellants submit that they have handed over Cheque bearing No.207365, dated 27.04.2026, in the sum of Rs.25,00,000/- (Rupees Twenty Five Lakh) drawn on Canara Bank, Shivamogga Main, Shivamoga, Karnataka–577201, to Mr. Syed Zabivulla/ appellant No.2, today who is present in the Court today. 5. The counsel further submits that in view of the settlement both appeals are not being pressed by either parties. The learned counsel for the parties on instructions HC-KAR NC: 2026:KHC:24369-DB RFA No. 1 of 2019 C/W RFA No. 2 of 2019 8 submit that since the matter has already been settled, they seek and are granted permission to withdraw their respective appeals. 6. The learned counsel for the respondent in RFA No.2/2019, submits that the eligible Court fee be refunded to appellant No.2. Learned counsel for the appellant has no objection to this request. Let the eligible Court Fee be refunded to the respective parties. The Court Fee in RFA No.2/2019, be refunded to the appellant No.2, as is requested by the parties. 7. Accordingly, RFA No.1/2019 and RFA No.2/2019 are dismissed as withdrawn. All pending applications stand closed. Sd/- (ANU SIVARAMAN) JUDGE Sd/- (TARA VITASTA GANJU) JUDGE YKL/JJ / List No.: 4 Sl No.: 6