- 1 - HC-KAR NC: 2026:KHC:29027 RFA No. 1913 of 2018 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN REGULAR FIRST APPEAL NO. 1913 OF 2018 (SP) BETWEEN: 1. MOHAMMED RIZWAN S/O LATE BASHI SAB DHARAWADKAR AGED ABOUT 39 YEARS 2. SMT SHAHISTHA S/O MOHAMMED RIZWAN AGED ABOUT 29 YEARS APPEAL IS DISMISSED AGAINST APPELLANT NO.2 VIDE ORDER DATED 15.06.2026 BY FILING MEMO FROM THE ADVOCATE FOR APPELLANTS BOTH ARE RESIDING AT C/O SHOWKATH ALI RETD. POLICE SUB INSPECTOR 4TH MAIN, 13TH CROSS VINOBHA NAGAR DAVANAGERE - 577 …APPELLANTS (BY SRI. SIDDAPPA B.M., ADVOCATE) VIDE ORDER DATED 15.06.2026, APPEAL AGAINST APPELLANT NO.2 DELETED Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:29027 RFA No. 1913 of 2018 AND: SRI MOHAMMED PASHA S/O MOHAMMED IDRIS AGEDA BOUT 55 YEARS RESIDING AT NO.969/35 1ST MAIN, S.S. BADAVANE DAVANAGERE DISTRICT …RESPONDENT (BY SRI. HAREESH BHANDARY T., ADVOCATE) THIS RFA IS FILED UNDER SECTION 96 R/W ORDER 41 RULE 1 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 28.09.2018 PASSED IN O.S.NO.66/2017 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE, DAVANAGERE, DECREEING THE SUIT FOR SPECIFIC PERFORMANCE OF CONTRACT. THIS APPEAL, COMING ON FOR HEARING THROUGH VIDEO CONFERENCING / PHYSICAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.I.ARUN ORAL JUDGMENT Appellant No.1 and the respondent have entered into a memorandum of compromise under Order XXIII Rule 3 of the Code of Civil Procedure, 1908, and pray that the appeal may be allowed in terms of the compromise and O.S.No.66/2017, on the file of the Prl.Senior Civil Judge, Davanagere, may be dismissed. - 3 - HC-KAR NC: 2026:KHC:29027 RFA No. 1913 of 2018 2. The joint memo is taken on record. 3. Appellant No.1 and the respondent are present before the Court. 4. The case of the parties is that they entered into an agreement of sale in respect of a property which was owned by appellant No.1 and the trial Court has decreed the suit for specific performance in favour of the respondent/plaintiff and has ordered for specific performance of the contract. 5. It is now submitted that, upon the intervention of well-wishers they have agreed for a compromise wherein appellant No.1 has paid a sum of Rs.15,00,000/- to the respondent and the respondent has acknowledged receipt of the said amount. In consideration of the same, the respondent has given up all his right, title and interest in respect of the suit schedule property and he has no objection in allowing the appeal and dismissing the original suit. - 4 - HC-KAR NC: 2026:KHC:29027 RFA No. 1913 of 2018 6. Both appellant No.1 and the respondent are identified by their respective advocates and they together submit that the suit may be dismissed by allowing the appeal. Hence, the following: ORDER i. The appeal is hereby allowed. ii. The original O.S.No.66/2017 on the file of the Prl.Senior Civil Judge, Davanagere, is hereby dismissed, in terms of the memorandum of compromise entered into between appellant No.1 and the respondent. iii. Registry is directed to draw a decree accordingly. iv. Registry is also directed to refund the Court fee to appellant No.1 in accordance with law. Sd/- (M.I.ARUN) JUDGE CH List No.: 3 Sl No.: 1