Karnataka High Court
Bashir Ahamed S/O Rajesab Yallapur And ... vs Smt.Zulekhabi W/O Rajesab Yallapur And ... on 25 July, 2024
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NC: 2024:KHC-K:5367
RSA No. 200414 of 2015
C/W RSA No. 200415 of 2015
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 25TH DAY OF JULY, 2024
BEFORE
THE HON'BLE Mrs JUSTICE K S HEMALEKHA
REGULAR SECOND APPEAL NO.200414 OF 2015
(PAR & SEP,POSS)
C/W
REGULAR SECOND APPEAL NO.200415 OF 2015
(PAR & SEP,POSS)
IN RSA NO.200414/2015:
BETWEEN:
1. BASHIR AHAMAD S/O RAJESAB YALLAPUR
AGE: 53 YEARS, OCC: AGRICULTURE,
R/O. DESAI WADA, ATHANI,
DIST. BELGAUM-591304.
2. MOHAMMED SHARIF S/O RAJESAB YALLAPUR
AGE: 45 YEARS, OCC:AGRICULTURE,
Digitally signed R/O. BEHIND IBRAHIM ROZA,
by SWETA
KULKARNI NEAR SHALI HUSSAIN DARGA,
Location: HIGH VIJAYAPUR-586101.
COURT OF
KARNATAKA
...APPELLANTS
(BY SRI D P AMBEKDAR AND
SRI SHIVASHANKAR H. MANUR, ADVOCATES)
AND:
1. SMT. ZULEKHABI W/O RAJESAB YALLAPUR
SINCE DECEASED BY LR'S.
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NC: 2024:KHC-K:5367
RSA No. 200414 of 2015
C/W RSA No. 200415 of 2015
1A. AMEENSAB S/O RAJESAB YALLAPUR
AGE: 59 YEARS, OCC: PRIVATE SERVICE
R/O. SIDDHAROODH MATH BACKSIDE
BAFNA LAYOUT, ANAND NAGAR, HUBALLI,
NOW AT: BEHIND IBRAHIM ROZA, NEAR SHAHI
HUSSAINI DARGHA,
RAHIM NAGAR, VIJAYAPUR,
TQ. AND DIST. VIJAYAPUR.
2. SMT. PEERABI @ RAHAMATABI
W/O ABDULGANI GOUNDI
AGE: 61 YEARS, OCC: HOUSEHOLD,
R/O. PLOT NO.106, RAJANAGAR, UNAKAL HUBLI,
NOW R/O. C/O. BASHIR AHMED
S/O. RAJESAB YALLAPUR, DESAI WADA ATHANI,
TQ. ATHANI, DIST. BELGAUM-591304.
3. SMT. BEGAM W/O HASHIMSAB KOLAR
AGE: 53 YEARS, OCC: HOUSEHOLD
R/O. ASAR GALLI, VIJAYAPUR-586101.
4. SMT. HASHINA BANU
W/O ADBUL RAZAK CHADCHAN
AGE: 48 YEARS, OCC: HOUSEHOLD
R/O. SHIROL, TQ & DIST. KOLHAPUR
MAHARASHTRA-416003.
5. SAYYAD IQBAL S/O SAYYAD MEHABUBPASHYA
PEERAJADE, AGE: 38 YEARS, OCC: AGRICULTURE,
R/O. BADI KAMAN ROAD, VIJAYAPUR-586101.
6. SHRIRANG S/O VENKATRAO NADAGOUDA
AGE: 58 YEARS, OCC: AGRICULTURE,
R/O. TORAVI, TQ & DIST. VIJAYAPUR-586101.
7. SRINIVAS S/O VENKATESH NADAGOUDA
AGE: 73 YEARS, OCC: RETIRED
R/O. OPP:BLDE HOSPITAL VIJAYAPUR-586101.
8. ANAND S/O VENKATRAO NADAGOUDA
AGE: 63 YEARS, OCC: AGRICULTURE,
R/O. BADIKAMAN ROAD, BEHIND DARBAR HIGH
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RSA No. 200414 of 2015
C/W RSA No. 200415 of 2015
SCHOOL, VIJAYAPUR-586101.
9. VASUDEV S/O VENKATRAO NADAGOUDA
AGE: 53 EYARS, OCC: AGRICULTURE,
R/O. BADIKAMAN ROAD, BEHIND DARBAR HIGH
SCHOOL, VIJAYAPUR-586101.
...RESPONDENTS
(BY SRI BASAVAKIRAN G.R., ADV. FOR R1(A);
SRI S.R. KADLOOR, ADV. FOR R2 TO R5;
NOTICE TO R6 TO R9 IS DISPENSED WITH
V/O DATED 24.07.2024)
THIS RSA IS FILED U/S 100 OF CPC, PRAYING TO ALLOW
THE APPEAL BY SETTING ASIDE THE JUDGMENT AND DECREE
DATED 28.04.2014 PASSED IN O.S. NO.144/2012 BY THE PRL.
SENIOR CIVIL JUDGE, VIJAYAPUR AND JUDGMENT AND
DECREE DATED 31.10.2015 PASSED IN R.A. NO.54/2014 BY
THE III ADDL. DIST. JUDGE, VIJAYAPUR AND CONSEQUENTLY
DECREE THE SUIT OF THE PLAINTIFFS.
IN RSA NO.200415/2015:
BETWEEN:
1. AMEENSAB S/O RAJESAB YALLAPUR
AGE: 56 YEARS, OCC: PRIVATE SERVICE
R/O. SIDDAROODH MATH BACKSIDE
BAFNA LAYOUT, ANAND NAGAR, HUBALLI,
THROUGH SPA HOLDER
BASHIR AHAMAD S/O. RAJESAB YALLAPUR
AGE: 53 YEARS, OCC: AGRICULTURE,
R/O DESAI WADA, ATHANI, TQ. ATHANI,
DIST. BELGAUM-583101.
2. BASHIR AHAMED S/O RAJESAB YALLAPUR
AGE: 50 YEARS, OCC: AGRICULTURE,
R/O. DESAI WADA, ATHANI,
TQ. ATHANI, DIST. BELGAUM-583101.
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NC: 2024:KHC-K:5367
RSA No. 200414 of 2015
C/W RSA No. 200415 of 2015
3. MOHAMMED SHARIF S/O RAJESAB YALLAPUR
AGE: 44 YEARS, OCC: AGRICULTURE,
R/O. BEHIND IBRAHIM ROZA,
NEAR SHALI HUSSAIN DARGA,
VIJAYAPUR-586101.
...APPELLANTS
(BY SRI D P AMBEKDAR AND
SRI SHIVASHANKAR H. MANUR, ADVOCATES)
AND:
1. SMT. ZULEKHABI W/O RAJESAB YALLAPUR
SINCE DECEASED BY LR'S.
THE APPELLANTS 1 TO 3 AND RESPONDENTS No.2
TO 4 ARE HER LEGAL REPRESENTATIVES
2. SMT. PEERANABI @ RAHAMATABI
W/O ABDULGANI GOUNDI
AGE: 59 YEARS, OCC: HOUSEHOLD,
R/O. PLOT NO.106, RAJANAGAR,
UNAKAL HUBLI,
NOW R/O. C/O. BASHIR AHMED
S/O. RAJESAB YALLAPUR,
DESAI WADA ATHANI,
TQ. ATHANI, DIST. BELGAUM-583101.
3. SMT. BEGAM
W/O HASHIMSAB KOLAR
AGE: 53 YEARS, OCC: HOUSEHOLD
R/O. ASAR GALLI, VIJAYAPUR-586101.
4. SMT. HASHINA BANU
W/O ADBUL RAZAK CHADCHAN
AGE: 47 YEARS,
OCC: HOUSEHOLD
R/O. SHIROL, TQ & DIST. KOLHAPUR
MAHARASHTRA-410004.
...RESPONDENTS
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NC: 2024:KHC-K:5367
RSA No. 200414 of 2015
C/W RSA No. 200415 of 2015
(BY SRI S.R. KADLOOR ADV. FOR R2 TO R4;
V/O DATED 03.07.2019 A1 TO A3 AND R2 TO R4 ARE
TREATED AS LR'S OF R1)
THIS RSA IS FILED U/S 100 OF CPC, PRAYING TO ALLOW
THE APPEAL BY SETTING ASIDE THE JUDGMENT AND DECREE
DATED 28.04.2014 PASSED IN O.S. NO.106/2013 BY THE PRL.
SENIOR CIVIL JUDGE, VIJAYAPUR AND JUDGMENT AND
DECREE DATED 31.10.2015 PASSED IN R.A. NO.55/2014 BY
THE III ADDL. DIST. JUDGE, VIJAYAPUR AND CONSEQUENTLY
DISMISS THE SUIT OF THE PLAINTIFF.
THESE APPEALS COMING ON FOR ORDERS, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE Mrs JUSTICE K S HEMALEKHA
ORAL JUDGMENT
(PER: HON'BLE Mrs JUSTICE K S HEMALEKHA) Compromise is arrived. Parties are same in both the appeals. Compromise petition is filed under Order XXIII Rule 3 CPC by the counsels appearing for the appellants and respondent Nos.1(a), 2 to 5. The compromise petition is annexed with a hand sketch. The compromise petition is duly signed by the appellants and respondent Nos.1(a), 2 to 5.
Notice to respondent Nos.6 to 9 is dispensed with vide order dated 24.07.2024 as the appellants are not claiming any relief against the said respondents.
-6-NC: 2024:KHC-K:5367 RSA No. 200414 of 2015 C/W RSA No. 200415 of 2015
2. The terms of the compromise are enumerated as under:
"9. As per the compromise hand sketch, the land S.No. 1062/1, 1062/2 and 1062/3, are abutting to each other and the entire land shown as AFJHMBCLIKDGEA in the compromise hand sketch. In this land an area of 13 Acres given to the Respondent No 2- Peeranbi, Respondent No 3-Begum and Respondent No 4- Hasinabanu, jointly as their share with the possession. This 13 Acres have been shown as AFJKDGE in the hand sketch. The possession is also handed over Respondent No 2-Peeranbi, Respondent No 3-Begum and Respondent No 4-Hasinabanu, and the said Respondents No 2 to 4 admit that, they have received the possession of the above area, as their joint share. The boundaries of the said area is given below.
Towards East remaining 1 Acres of land S.No. 1062/2 and S.No. 1062/3 Towards West R.S.No. 1060 Towards North -R.S.No. 1071 and 1070 Towards South R.S.No. 1061 and 1063
10. Thus, Respondent No 2-Peeranbi, Respondent No 3-Begum and Respondent No 4-Hasinabanu, are the exclusive owners of the said property and remaining parties are admitting the ownership of Respondent No 2-Peeranbi, Respondent No 3-Begum and Respondent No 4-Hasinabanu, and also admitting that, the other parties not having any share, right title over the said area and also undertake that, they will not create any hindrance to them. The parties admitting that, towards the north of the said land, there is cart way.
11. Out of land S.No. 1062/2, towards the eastern side of the land given to Respondent No 2-Peeranbi, Respondent No 3-Begum and Respondent No 4- Hasinabanu, 1 Acre of land given to Respondent No 1A-Ameensab, as his share, with possession.
The boundaries of the same are as under:-7-
NC: 2024:KHC-K:5367 RSA No. 200414 of 2015 C/W RSA No. 200415 of 2015 Towards East - S.No. 1062/3 Towards West - The area given to the respondent No. 1,3 and 5 in S.No. 1062/2 Towards North - R.S.No. 1071 and 1070 Towards South R.S.No. 1061 and 1063
12. This portion of land is shown as JKIH in the compromise sketch. So also in the land S.No. 1062/3, an area of 3 Acres 20 Guntas of area which is shown as HILM given to Respondent No 1A-Ameensab, as his share with possession. The boundaries of the same Towards East - remaining land S.No. 1062/3 Towards West R.S.No. 1062/2 Towards North R.S.No. 1071 and 1070 Towards South R.S.No. 1061 and 1063
13. Abutting to the land S.No. 1062/2, the land S.No. 1062/3, measuring 6 Acres 06 Guntas given to Appellant No 1-Bashir Ahmed and Appellant No 2-
Mohammad Sharief and the said area is shown as MLCB in the compromise hand sketch.
14. Towards north edge of the land S.No. 1062/1 and 1062/2, ie along points AFJ, Appellant No 1-Bashir Ahmed and Appellant No 2-Mohammad Sharief have 12 feet cart way right is also with, and the remaining parties admit the rights of the Appellant No 1-Bashir Ahmed and Appellant No 2-Mohammad Sharief to use and enjoy the said cartway, and also admitting that, they will not disturb the Appellant No 1-Bashir Ahmed and Appellant No 2-Mohammad Sharief in any manner from using the said way.
15. Another suit land S.No. 1065 totally measuring 14 Acres 13 Guntas, entirely given to Appellant No 1- Bashir Ahmed and Appellant No 2-Mohammad Sharief as their share with the possession and remaining parties are admitting the same. Since, the entire suit land S.No. 1065, given to Appellant No 1-Bashir Ahmed and Appellant No 2-Mohammad Sharief jointly and therefore, the said landed property is not shown in the compromise sketch. The remaining parties -8- NC: 2024:KHC-K:5367 RSA No. 200414 of 2015 C/W RSA No. 200415 of 2015 admit that the Appellant No 1- Bashir Ahmed and Appellant No 2-Mohammad Sharief are the exclusive owners of the land S.NO. 1062/2, measuring 6 Acres 06 Guntas, which is shown as MLBC and also the exclusive owners of the land S.No. 1065 and remaining parties are not having any right title or interest in the said area given to Appellant No 1-Bashir Ahmed and Appellant No 2-Mohammad Sharief, as their share and also admitting that, they will not disturb the possession and enjoyment of the Appellant No 1-Bashir Ahmed and Appellant No 2-Mohammad Sharief.
16. The parties hereby undertake that, they will not object any other party from alienating their share in favour of others. As per this compromise, a partition taken place between the parties and the parties have become the exclusive owners of their respective share allotted to them, and apart from their share none of the parties has any right, title or interest in the shares allotted to other parties. Incase, any of the right, interest or title is left, the parties have given up their rights under this decree.
17. The FDP No. 16/2014, to draw the final decree is pending before the Prin. Sr. Civil Judge, Vijaypur, and as per this compromise the parties submitting that, they will not proceed with the said FDP proceedings and get the same dismissed. They also admit that, already the commission report is submitted in the said FDP proceedings and in view of this compromise, the said commission report will become infructuous and will not be acted upon.
18. In respect of the suit properties, Bashir Ahmed and Mohammad Sharief, have filed as suit bearing O.S.No. 851/2018, and in view of this Compromise, the Appellants, namely, Bashir Ahmed and Mohammad Sharief, undertake that, they will with draw the said suit.
19. The parties hereby admit that, as per the compromise decree, they will submit the vardi and get measured their properties out of their own costs, as -9- NC: 2024:KHC-K:5367 RSA No. 200414 of 2015 C/W RSA No. 200415 of 2015 per the decree. In case of any dispute or non- co- operation by any party, the other parties have a right to get the terms of this Compromise Decree effected and enforced through due process of law."
3. The appellants and respondent Nos.1(a), 2 to 5 are present before the Court. When query was made by the Court, the parties state that they have entered into the compromise without any fear or by coercion and with their free will. The compromise petition and the annexed hand sketch are taken on record and would form part and parcel of this order.
4. The original of the compromise to be kept in RSA No.200414/2015 and an attested photocopy of the same is placed in RSA No.200415/2015.
5. In terms of the compromise petition, the Regular Second Appeal stands disposed of, the judgment and decree of the Courts below is modified, decree to be drawn accordingly.
Sd/-
(K S HEMALEKHA) JUDGE SWK List No.: 1 Sl No.: 31 CT-VD