Ashpakahamad S/O. Abdulsab Mulla vs Smt Famida W/O. Usmanali
2025 Latest Caselaw 8464 Kant

Karnataka High Court

Ashpakahamad S/O. Abdulsab Mulla vs Smt Famida W/O. Usmanali on 16 September, 2025

Author: S.R. Krishna Kumar

Bench: S.R. Krishna Kumar

                                                   -1-
                                                         NC: 2025:KHC-D:12295-DB
                                                         RFA No. 100463 of 2024


                        HC-KAR




                       IN THE HIGH COURT OF KARNATAKA, AT DHARWAD
                        DATED THIS THE 16TH DAY OF SEPTEMBER 2025
                                          PRESENT
                        THE HON'BLE MR. JUSTICE S.R. KRISHNA KUMAR
                                             AND
                            THE HON'BLE MR. JUSTICE C.M. POONACHA
                       REGULAR FIRST APPEAL NO. 100463 OF 2024 (SP-)


                       BETWEEN:

                       ASHPAKAHAMAD
                       S/O. ABDULSAB MULLA,
                       AGE: 46 YEARS,
                       OCC: AGRICULTURE & BUSINESS,
                       R/O. KAGINELE, TQ: BYADAGI,
                       DIST: HAVERI-581110.
                                                                     ...APPELLANT
                       (BY SRI. VISHWANATH HEGDE, ADVOCATE)


YASHAVANT              AND:
NARAYANKAR


Digitally signed by
                       1.   SMT. FAMIDA W/O. USMANALI
YASHAVANT
NARAYANKAR
Location: HIGH COURT
OF KARNATAKA
                            @ USMANKHAN RATTIHALLI,
DHARWAD BENCH
DHARWAD
                            AGE: 61 YEARS,
                            OCC: AGRICULTURE,
                            R/O. KAGINELE,
                            TQ: BYADAGI,
                            DIST: HAVERI-581110.

                       2.   IRSHADAHAMAD S/O. USMANALI
                            USMANKHAN RATTIHALLI,
                            AGE: 40 YEARS,
                             -2-
                                  NC: 2025:KHC-D:12295-DB
                                  RFA No. 100463 of 2024


HC-KAR




     OCC: AGRICULTURE,
     R/O. KAGINELE,
     TQ: BYADAGI,
     DIST: HAVERI-581110.

3.   SHAKEERALI S/O. USMANALI @
     USMANKHAN RATTIHALLI,
     AGE: 38 YEARS,
     OCC: AGRICULTURE,
     R/O. KAGINELE,
     TQ: BYADAGI,
     DIST: HAVERI-581110.
                                        ...RESPONDENTS
(BY SRI. HANUMANTHAREDDY SAHUKAR, ADVOCATE FOR R1-
R3)
     THIS RFA IS FILED UNDER SECTION 96 OF CPC., 1908,
PRAYING TO CALL FOR THE RECORDS IN O.S.NO.21/2018 ON
THE FILE OF THE SENIOR CIVIL JUDGE AND J.M.F.C. BYADAGI;
ALLOW THE APPEAL AND SET ASIDE THE PART OF THE
JUDGMENT AND DECREE UNDER APPEAL DATED 14.08.2024
PASSED IN O.S.NO.21/2018 ON THE FILE OF THE SENIOR CIVIL
JUDGE AND JUDICIAL MAGISTRATE FIRST CLASS, BYADAGI AND
CONSEQUENTLY THE SUIT IN O.SNO.21/2018 ON THE FILE OF
SENIOR CIVIL JUDGE AND JMFC, BYADAGI BE DECREED IN THE
INTEREST OF JUSTICE AND ETC.

      THIS APPEAL IS COMING ON FOR HEARING THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:



CORAM:   THE HON'BLE MR. JUSTICE S.R. KRISHNA KUMAR
          AND
          THE HON'BLE MR. JUSTICE C.M. POONACHA
                               -3-
                                       NC: 2025:KHC-D:12295-DB
                                        RFA No. 100463 of 2024


HC-KAR




                       ORAL JUDGMENT

(PER: THE HON'BLE MR. JUSTICE S.R. KRISHNA KUMAR)

This appeal is by the plaintiff against the impugned

judgment and decree dated 14.08.2024 passed in OS

No.21/2018 by the Senior civil Judge and JMFC., Byadagi

whereby, the prayer for specific performance sought for by

the appellant-plaintiff against the respondents-defendants

was rejected by the trial Court which passed a decree for

refund of earnest money of Rs.4,00,000/- together with

interest at 12% per annum from 12.02.2018 till realization.

2. Learned counsels for the parties have filed a joint

memo reporting amicable settlement which reads as under:

JOINT MEMO

The dispute between the parties is settled out of Court. The appellant is entitle for amount deposited before trial Court by the defendants/respondents, in view of the settlement, the defendants/respondents have no objection to withdraw the amount deposited before trial Court by the appellant.

The Court fee paid by the appellant may kindly be refunded to the appellant.

NC: 2025:KHC-D:12295-DB

HC-KAR

Wherefore, the instant appeal may kindly be disposed of as settled out of Court, in the interest of justice.

      Dharwad                                      Sd/-
     Date: 16/09/2025                           Appellant

                                                 Sd/-


             Sd/-
     Advocate for Appellant

             Sd/-
     Advocate for Respondents.

3. The appellant and respondent Nos.2 and 3 are

present and have signed the joint memo along with their

respective counsel, who identified the parties. Accordingly,

the appeal deserves to be disposed in terms of the joint

memo by modifying the impugned judgment and decree.

4. Appeal is hereby disposed off in terms of the

joint memo, referred to supra.

5. The impugned judgment and decree passed by

the trial Court is modified in terms of the joint memo.

6. Modified decree to be drawn accordingly.

NC: 2025:KHC-D:12295-DB

HC-KAR

7. Registry of this Court is directed to refund the

entire amount paid on the memorandum of appeal back to

the appellant forthwith without any delay.

8. The registry of the trial Court is directed to

disburse the entire amount deposited by the respondent-

defendant before the trial Court in favour of the appellant-

plaintiff forthwith without any delay after receipt of the copy

of this order.

9. Registry of the trial Court is also directed to

refund the entire court fee paid on the plaint back to the

appellant-plaintiff immediate without any delay.

Sd/-

(S.R. KRISHNA KUMAR) JUDGE

Sd/-

(C.M. POONACHA) JUDGE HMB CT-MCK