Karnataka High Court
Ziyaulla vs Zaibunnissa on 24 November, 2025
Author: S.R.Krishna Kumar
Bench: S.R.Krishna Kumar
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NC: 2025:KHC:48429
RFA No. 1506 of 2024
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 24TH DAY OF NOVEMBER, 2025
BEFORE
THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR
REGULAR FIRST APPEAL NO. 1506 OF 2024 (SP)
BETWEEN:
1. ZIYAULLA
S/O IMAM SAB
AGED ABOUT 33 YEARS
AGRICULTURIST
R/O DONABAGHATTA VILLAGE
BHADRAVATHI TALUK - 577 229
...APPELLANT
(BY SRI. VARADARAJ R. HAVALDAR, ADVOCATE)
AND:
1. ZAIBUNNISSA
D/O LATE SYED HANEEF SAB
AGED ABOUT 45 YEARS
HOUSEHOLD WORK
Digitally signed
by 2. ASMATHUNNISSA
SHARADAVANI
B D/O LATE SYED HANEEF SAB
Location: High
Court of AGED ABOUT 43 YEARS
Karnataka
HOUSEHOLD WORK
3. SHABEENA BHANU
D/O LATE SYED HANEEF SAB
AGED ABOUT 37 YEARS
4. SYED SALEEM
S/O LATE SYED DASTAGIRI SAB
AGED ABOUT 28 YEARS
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RFA No. 1506 of 2024
HC-KAR
5. SYED SALMAN
S/O LATE SYED DASTAGIRI SAB
AGED ABOUT 26 YEARS
6. SYED JABI @ JABIULLA
S/O LATE SYED DASTAGIR SAB
AGED ABOUT 24 YEARS
7. SYED IMRAN
S/O LATE SYED DASTAGIR SAB
AGED ABOUT 30 YEARS
8. TAHSEENA BANU
D/O LATE SYED DASTAGIR SAB
AGED ABOUT 22 YEARS
9. YASMIN BANU
D/O LATE SYED DASTAGIR SAB
AGED ABOUT 20 YEARS
10. SHAMEEM BI
W/O LATE SYED GUFFAR SAB
AGED ABOUT 61 YEARS
RESPONDENT NO.1 AND 4 TO 10 ARE
RESIDENTS OF HOLENERALAKERE VILLAGE
KAVALGONDHI POST
BHADRAVATHI POST
BHADRAVATHI TALUK 577 301
RESPONDENT NOS.2 AND 3 ARE
RESIDENTS OF SOMINAKOPPA
SHIVAMOGGA - 577 204
...RESPONDENTS
(BY SRI. NAVEED AHMED, ADVOCATE FOR R1 TO R10)
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RFA No. 1506 of 2024
HC-KAR
THIS RFA IS FILED UNDER SECTION 96 OF CPC, AGAINST
THE JUDGMENT AND DECREE DATED 07.03.2024 PASSED IN
OS.NO.21/2020 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL
JUDGE, BHADRAVATHI, PARTLY DECREEING THE SUIT FOR
SPECIFIC PERFORMANCE.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR
ORAL JUDGMENT
Learned counsel for the appellant has filed a memo which is
signed by the appellant seeking withdrawal of the appeal. The said
memo reads as under:
"MEMO FILED ON BEHALF OF APPELLANT FOR
WITHDRAWAL OF APPEAL
1. In this appeal, the appellant has questioned the legality
and factual correctness of the judgment and decree dated:
07-03-2024, passed in O.S. No.21/2020, by the court of Prl.
Senior Civil Judge at Bhadravathi, whereby, the said Trial
Court did not grant prayer for specific performance in respect
of suit schedule property consisting of 1 Acre 35 guntas of
land in Sy.No.47/3 of Holeneralakere grama, Kasaba-1
Hobli, Bhadravathi Taluk, of the agreement of sale, but
directed the respondents/ defendants to pay to the
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appellant/plaintiff a sum of Rs.9,00,000/- with interest @6%
per annum. On the appeal memo, appellant has paid a court
fee of Rs.64,125/- in terms of Section 49 of the Karnataka
Court Fees and Suits Valuation Act, 1958.
2. Respondents/defendants had filed O.S. No. 492/2024 in
the court of 2nd Addl. Civil and JMFC, Bhadravathi, against
the appellant/plaintiff for grant of decree of bare injunction.
The said suit was settled before Lok-Adalath. Copy of the
order dated: 08.07.2023 of Lok-Adalath is enclosed as
ANNEXURE-'A'.
3. During the pendency of the above appeal, on the advice of
well-wishers of the appellant/plaintiff and
respondents/defendants, the dispute between the parties
has been settled out of Court proceedings and as per such
settlement, the respondents/ defendants have executed
Registered Sale Deed dated: 10.01.2025 in respect of suit
schedule property consisting of 1 Acre 35 guntas of land in
Sy. No.47/3 of Holeneralakere Grama, Kasaba-1 Hobli,
Bhadravathi Taluk. The said sale deed has been registered
in the office of the Sub-Registrar, Bhadravathi in Book No.1,
document No.BVT-1-08321/2024-25 on 16.01.2025.
In view of the above development, the appellant/plaintiff
does not wish to prosecute the above appeal.
4. Appellant/plaintiff, in view of the settlement reached
between the parties, prays for full refund of the court fee of
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Rs.64,125/- paid on the memorandum of appeal. It is
submitted that in the judgment of the Apex Court reported in
AIR 2021 Supreme Court page No.2662, the Apex Court
held that even in private settlement of the dispute outside of
court without requiring judicial intervention, the parties are
entitled to the refund of full court fee. Copy of the said
judgment enclosed as ANNEXURE-'B'.
WHEREFORE, it is humbly prayed that this Hon'ble
Court be pleased to take the memo on record and dispose of
the above appeal as withdrawn and also order refund of full
court fees of Rs.64,125/- in the interest of justice and equity."
2. As can be seen from the aforesaid memo filed on
behalf of the appellant, the matter has been amicably settled
between the parties by executing a registered Sale Deed dated
10.01.2025 in favour of the plaintiff by the respondents-defendants.
Accordingly, the appeal stands disposed of as withdrawn.
3. Registry of this Court is directed to refund the entire
Court Fee of Rs.64,125/- paid on the memorandum of appeal back
to the appellant immediately, without any delay.
4. Registry of the Trial Court is also directed to refund the
entire Court Fee paid on the memorandum of plaint back to the
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appellant forthwith, immediately upon receipt of the copy of this
order.
Sd/-
(S.R.KRISHNA KUMAR)
JUDGE
SJK
CT-SG
