- 1 - HC-KAR NC: 2026:KHC:8115 CMP No. 382 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE ASHOK S.KINAGI CIVIL MISC. PETITION NO. 382 OF 2025 BETWEEN: 1. MR.J FAIZ AHMED @ AFTAB, S/O. MR. HAJEE ABDUL JALEEL SAHIB, AGED ABOUT 64 YEARS RESIDING AT NO.15/2, ‘FAIZS’, 4TH FLOOR, KHAZI STREET, BASAVANAGUDI, BANGALORE-560 004 2. MRS. J. NOOR AYESHA SHABANA, W/O. MR. J. FAIZ AHMED @ AFTAB AGED ABOUT 60 YEARS RESIDING AT NO.15/2, FAIZS, 4TH FLOOR, KHAZI STREET, BASAVANAGUDI, BANGALORE-560 004 …PETITIONERS (BY SRI. PRITHVIRAJ SHASTRY G , ADVOCATE FOR SRI. BALAKRISHNA SHASTRY G.., ADVOCATE) AND: M/S SREE KRUPAAVANI REALTORS A PARTNERSHIP FIRM HAVING ITS OFFICE AT NO. 214/76 FIRST FLOOR, 54TH CROSS, 4TH BLOCK, RAJAJINAGAR BENGALURU 560 010 Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:8115 CMP No. 382 of 2025 REPRESENTED BY ITS AUTHORIZED SIGNATORY MR. S.G. SRIKANTH. (DEAD) NOW REPRESENTED BY ASHWINI SRIKANTH …RESPONDENT (BY SRI. B S JEEVAN KUMAR., ADVOCATE) THIS CMP IS FILED UNDER SECTION 11(5) OF THE ARBITRATION AND CONCILIATION ACT, 1996., PRAYING TO ALLOW THE PETITION BY APPOINTING AN ARBITRATOR AS PER CLAUSE 20.1 OF THE ASSIGNMENT OF JOINT DEVELOPMENT AGREEMENT DATED 9.05.2017 IS PRODUCED AT ANNEXURE - A. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE ASHOK S.KINAGI ORAL ORDER 1. The petitioners and respondent are present before the Court, and they have filed a Joint Memo dated 10.02.2026, which reads as follows: “JOINT MEMO The Petitioners and Respondent jointly submit that the Petitioners and Respondent have amicably settled the matter among themselves by signing a Memorandum of Understanding dated 05.02.2026. A copy of the Memorandum of Understanding is produced along with this memo. The terms of settlement are as follows - - 3 - HC-KAR NC: 2026:KHC:8115 CMP No. 382 of 2025 1. The Respondent has agreed to pay a total sum of ₹40,00,000/-(Rupees Forty Lakhs only) to the Petitioner as full and final settlement towards all claims including alleged arrears, completion of construction, third floor works, common areas, lift, amenities and all connected issues. 2. The said amount of ₹40,00,000/- shall be paid by way of post-dated cheques as mutually agreed between the parties, and upon realisation of all cheques, the settlement shall attain finality. 3. Upon receipt and realisation of the entire settlement amount, the Petitioners agree that: • All earlier legal notices dated 19.10.2024 and 17.12.2024 shall stand recalled; • The arbitration notice / CMP No.382/2025 shall stand withdrawn as not pressed; and • No further claims shall be raised against the Respondent in relation to the subject property or agreements. 4. It is agreed that in the event of dishonour of any cheque, the Petitioner shall be at liberty to: - 4 - HC-KAR NC: 2026:KHC:8115 CMP No. 382 of 2025 • Initiate proceedings under Section 138 of the Negotiable Instruments Act, 1881; and • Revive all earlier contractual, legal and arbitral remedies in accordance with law. 5. The parties confirm that, subject to full payment, there shall be no surviving disputes between them and that the Respondent's rights in the schedule property under the Joint Development Arrangement shall remain undisturbed. 6. The settlement has been arrived at voluntarily, without coercion or undue influence, and is binding on both parties. In view of the above settlement, the parties respectfully pray that the Hon'ble Court may be pleased to dispose of the above matter as settled in the interest of justice. ” 2. The Joint Memo is accompanied by a Memorandum of Understanding / Settlement Agreement dated 05.02.2026 executed between the petitioners and respondent. - 5 - HC-KAR NC: 2026:KHC:8115 CMP No. 382 of 2025 3. The Joint Memo, accompanied by the Memorandum of Understanding / Settlement Agreement, are taken on record. 4. The Civil Miscellaneous Petition is disposed with in terms of the Joint Memo. 5. Pending application/s, if any, shall stand disposed of. Sd/- (ASHOK S.KINAGI) JUDGE RK CT:KHV List No.: 2 Sl No.: 8