- 1 - HC-KAR NC: 2026:KHC:15076 RFA No. 730 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE R. NATARAJ REGULAR FIRST APPEAL NO. 730 OF 2023 (SP) BETWEEN: 1. MOHAMMED AGSAR S/O MOHAMMED DASTIGIR, AGED ABOUT 39 YEARS, R/AT NO.13, 8TH CROSS, PADARAYANAPURA, BENGALURU-560026. 2. VAZIR AHMED S/O MOHAMMED DASTIGIR AGED ABOUT 44 YEARS, R/AT NO.13-G, 8TH CROSS, PADARAYANAPURA, BENGALURU-560026. …APPELLANTS (BY SRI. ZAMEER PASHA, ADVOCATE) AND: MR. M.K.VENKATACHALAPATHY S/O M.N. KRISHNAIAH SETTY, AGED ABOUT 65 YEARS, R/AT NO.6/1, E NO. 3RD STREET, NANDARAM SINGH LANE CROSS, BENGALURU-560001. …RESPONDENT (BY SRI. DHIRAJ A.K., ADVOCATE) THIS RFA IS FILED UNDER SECTION 96 OF THE CPC, AGAINST THE JUDGMENT AND DECREE DATED 27.10.2021 PASSED IN OS.NO.6334/2013 ON THE FILE OF THE XXXIX ADDITIONAL CITY Digitally signed by SUMA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:15076 RFA No. 730 of 2023 CIVIL AND SESSIONS JUDGE, BANGALORE CITY, DECREEING SUIT FOR SPECIFIC PERFORMANCE. THIS APPEAL, COMING ON FOR FURTHER ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE R. NATARAJ ORAL JUDGMENT This appeal is filed by the defendants in O.S No.6334/2013 on the file of XXXIX Additional City Civil Judge, (CCH-40), Bengaluru City, challenging the judgment and decree dated 27.10.2021, by which the trial Court decreed the suit for specific performance of an agreement of sale dated 24.09.2010 and granted consequential reliefs. 2. When this appeal was listed for 'orders', the parties have filed a compromise petition under Order XXIII Rule 3 of CPC which reads as follows: "4. That by the intervention of well wishers and close friends, Appellants and Respondent have amicably settled the disputes between them to put quietus to all issues. The settlement arrived by Parties are reduced into writing and reads as under; - 3 - HC-KAR NC: 2026:KHC:15076 RFA No. 730 of 2023 a) Defendants have paid a sum of Rs.20,00,000/- (Rupees Twenty Lakhs Only) to the plaintiff today towards due discharge of liability under registered agreement of sale dated 24.09.2010 in the following manner; (i) A sum of Rs 15,00,000/-(Rupees Fifteen Lakhs Only) is paid through Demand Draft No.218234, dated 12.03.2026, drawn on Tamil Nadu Mercantile Bank, Kanakapura Branch in the name of respondent/plaintiff (Photo copy enclosed) (ii) A sum of Rs 5,00,000/- (Rupees Five Lakhs Only) is paid through Pay Order No.145056, dated 12.03.2026, drawn on IDBI Bank, Kanakapura Branch in the name of respondent/plaintiff (Photo copy enclosed) b) Plaintiff has acknowledged receipt of Rs.20,00,000/-(Rupees Twenty Lakhs Only) from Defendants today in the manner stated above towards full and final settlement for due discharge of liability on defendant no.1 under registered agreement of sale dated 24.09.2010 c) Since the plaintiff has discharged the liability of the defendant no.1 under the registered agreement of sale dated 24.09.2010, plaintiff has no objection for this Hon'ble Court to allow - 4 - HC-KAR NC: 2026:KHC:15076 RFA No. 730 of 2023 this appeal by setting aside the judgment and decree dated 27.10.2021 passed in O.S No.6334/2013 by the learned XXXIX Addl. City Civil Judge (CCH-40) Bengaluru City and dismissing the suit of the Plaintiff d) Defendant has no objection for the plaintiff/respondent to receive the court fees liable to be refunded in terms of Sec 66 of Karnataka Court Fees and Suit Valuation Act in this appeal in-view of recording of compromise e) Plaintiff had filed Execution Petition No 2219/2022 before the learned XXXIX Addl. City Civil Judge (CCH-40) Bengaluru City for execution of judgment and decree dated 27.10.2021 passed in O.S No.6334/2013 by the learned XXXIX Addl. City Civil Judge (CCH- 40) Bengaluru City. Plaintiff undertakes to withdraw the said execution petition. f) Plaintiff/respondent has deposited Rs 17784/- in Ex.P.No.2219/2022 towards balance of sale consideration amount after deduction of costs before executing court. Defendants/Appellants have objection for plaintiff/respondent to receive the amount deposited in Execution Petition. g) If for any reason plaintiff/respondent, not of amount attributable to Rs.20,00,000/-(Rupees - 5 - HC-KAR NC: 2026:KHC:15076 RFA No. 730 of 2023 Twenty Lakhs Only) paid through demand draft and pay order as recorded in para 4(a) of this compromise unpaid, returned is petition Plaintiff/respondent shall be entitled to seck for revocation of this compromise by making an application and proceed with executing the decree. h) Plaintiff/Respondent declares that he is not in possession of originals of any title deeds pertaining to suit schedule property. 5. Plaintiffs duly acquiesce, acknowledge & affirm that he has no right title or interest whatsoever over the Schedule Property only after amount of Rs.20,00,000/- (Rupees Twenty Lakhs Only) is realised by him. 6. All the parties to this compromise are bound by the terms of this compromise petition and the same have been arrived on account of their own volition without any force, undue influence or coercion." 3. The appellants No.1 and 2 and the respondent are present. They are identified by their respective counsel. Both the parties accept that they have understood the terms of compromise and that they have entered into the settlement - 6 - HC-KAR NC: 2026:KHC:15076 RFA No. 730 of 2023 voluntarily without fear, force or undue influence. Since the compromise is just and lawful, the same is accepted. 4. The appellants and the respondents have affixed their signatures to the order sheet of this Court in token of the acceptance of the terms of the compromise. 5. The suit filed before the trial Court in O.S No. 6334/2013 as well as this appeal stands disposed of in terms of the compromise. 5. Office is directed to draw a decree in terms of the compromise. 6. Office is directed to refund the Court fee as per the compromise petition in view of the judgment of the Apex Court in the case of High Court of Judicature at Madras v. M.C.Subramaniam (AIR 2021 SC 2662). Sd/- (R. NATARAJ) JUDGE UN List No.: 1 Sl No.: 19