Ameer Saheb S/O Sheikh Chand And ... vs Md.Sheikh Maqbool S/O Sheikh ...
2021 Latest Caselaw 5153 Kant

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         IN THE HIGH COURT OF KARNATAKA
                 KALABURAGI BENCH

     DATED THIS THE 01ST DAY OF DECEMBER, 2021

                      BEFORE

        THE HON'BLE MR.JUSTICE M.G.S.KAMAL

      CIVIL REVISION PETITION No.200016/2017

BETWEEN

1.     AMEER SAHEB S/O SHEIKH CHAND
       AGE: 56 YEARS OCC: AGRICULTURE
       R/O ZAMISTANPUR
       TQ & DIST: BIDAR-585403

2.     KABIRMIYAN S/O SHEIKH CHAND
       AGE: 54 YEARS OCC: AGRICULTURE
       R/O ZAMISTANPUR
       TQ & DIST: BIDAR-585403

3.     HAJIMIYA S/O SHEIKH CHAND
       AGE: 48 YEARS OCC: AGRICULTURE
       R/O ZAMISTANPUR
       TQ & DIST: BIDAR-585403
4.     IDRISMIYAN S/O SHEIKH CHAND
       AGE: 46 YEARS OCC: AGRICULTURE
       R/O ZAMISTANPUR
       TQ & DIST: BIDAR-585403
5.     YUNUS MIYAN S/O SHEIKH CHAND
       AGE: 39 YEARS OCC: AGRICULTURE
       R/O ZAMISTANPUR
       TQ & DIST: BIDAR-585403

                                        ...PETITIONERS

(BY SRI AJAY KUMAR A.K., ADVOCATE)
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AND


1.    MD. SHEIKH MAQBOOL S/O SHEIKH FARID
      AGE: 66 YEARS OCC: AGRICULTURE
      R/O RAIKOD TQ: ZAHEERABAD
      DIST: ZAHEERBAD
      TELANGANA STATE - 502 220.
2.    S.A. MEHBOOB ALI S/O SHEIKH FARID
      AGE: 61 YEARS OCC: AUTO DRIVER
      R/O HYDERABAD NOW AT RAIKOD
      TQ: ZAHEERABAD DIST: ZAHEERABAD
      TELANGANA STATE - 502 220

3.    S.M. NASEERMIYON S/O SHEIKH FARID
      AGE: 59 YEARS OCC: AGRICULTURE
      R/O RAIKOD TQ: ZAHEERABAD
      DIST: ZAHEERABAD
      TELANGANA STATE - 502 220
4.    YADULLAH S/O SHEIKH FARID
      AGE: 57 YEARS OCC: AGRICULTURE
      R/O RAIKOD TQ: ZAHEERABAD
      DIST: ZAHEERABAD
      TELANGANA STATE - 502 220
5.    YUSUF S/O SHEIKH FARID
      AGE: 46 YEARS OCC: AGRICULTURE
      R/O RAIKOD TQ: ZAHEERABAD
      DIST: ZAHEERABAD
      TELANGANA STATE - 502 220
6.    RAHMATBEE W/O PASHAMIYON
      AGE: 55 YEARS OCC: HOUSEHOLD
      R/O H.NO.545 INDIRA NAGAR COLONY
      BIDAR DIST: BIDAR - 585 401
7.    SHAHEEN BEGUM W/O YOUNUS MIYON
      AGE: 50 YEARS OCC: HOUSEHOLD WORK
      R/O H.NO.1-3-27 ALI BAGH
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      BIDAR DIST: BIDAR - 585 401

8.    SHAHEDA W/O MD. ASGERALI
      AGE: 48 YEARS OCC: HOUSEHOLD
      R/O CHISTIYAPURA
      BIDAR DIST: BIDAR - 585 401

9.    AHMEDE BEGUM W/O SHEIKH MD. MOINUDDIN
      AGE: 51 YEARS OCC: HOUSEHOLD
      R/O H.NO.4-311 NEW HAFEEZ PET
      PREM NAGAR DIST RANGA REDDY
      HYDERABAD TELANGANA STATE -500049

10.   BISMILLAH BEE W/O SHEIKH ABDUL GAFOOR
      (SINCE DEAD)
      BY HIS LEGAL REPRESENTATIVES
      RESPONDENT NOS.1-8 & 12

11.   SHAIK CHAND S/O AMEER SAB
      SINCE DEAD BY HIS LRS.

11(A) KULSUMBEE W/O SHEIKH CHAND
      SINCE DEAD BY HIS LRS.

11(B) PASHA BEE W/O MIYAN PATEL
      AGE 47 YEARS OCC: HOUSEHOLD
      R/O CHINTAKI, TQ: AURAD
      DIST: BIDAR 585 325

11(C) ANWER BEGUM W/O MD YONUS
      AGE 42 YEARS OCC: HOUSEHOLD WORK
      R/O ZAMISTANPUR,
      TQ & DIST: BIDAR 585 403.

11(D)NARSEEMBEGUM W/O AKBAR SAHEB
     AGE 38 YEARS OCC: MARUKINDA
     TQ. & DIST: BIDAR 585 401

12.   MD. MOINUDDIN S/O SHEIKH FARID
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     AGE: 37 YEARS OCC: AGRICULTURE
     R/O H.NO.4-311 NEW HAFEEZ PET
     PREM NAGAR DIST: RANGA REDDY
     HYDERABAD
     TELANGANA STATE - 500 049.

                                             ...RESPONDENTS

      THIS CIVIL REVISION PETITION FILED UNDER
SECTION 115 R/W ORDER 4 OF THE CPC PRAYING TO
SETTING ASIDE THE ORDER DATED 07/02/2017 PASSED
IN FDP NO.7/2013 BY THE ADDL. SENIOR CIVIL JUDGE
AND CJM BIDAR AND CONSEQUENTLY ALLOW THE
I.A.NO.4 FILED BY THE PETITIONERS.

     THIS PETITION COMING ON FOR ORDERS THIS DAY,
THE COURT MADE THE FOLLOWING:-

                          ORDER

The present petition is filed by the petitioners

aggrieved by the order passed on I.A.No.IV dated

07/02/2017 in FDP No.7/2013 by the Addl. Senior Civil

Judge and CJM Bidar.

2. The brief facts of the case is that the suit in

O.S.No.17/1992 for partition and separate possession had

been filed by respondent No.9 herein against petitioners

and remaining respondents. The said suit was decreed

granting 1/5th share to the respondent No.9. Aggrieved by

the same, Regular First Appeal was filed, the said appeal

came to be allowed in part modifying the Preliminary

Decree, thereby Final Decree Proceeding was initiated on

13/09/2010 and Execution Petition in E.P.No.183/2010 for

seeking delivery of possession was also filed. The

Commissioner was appointed and report was submitted

and Execution Petition was also closed. The legal

representatives of Shaik Farid who are respondent Nos.1

to 8 and 12 herein had filed Misc. Petition No.02/2011

seeking drawing up of separate decree for them and the

said application came to be withdrawn. Thereafter,

FDP.No.7/2013 was filed seeking drawing up of Final

Decree. In the said proceeding, the petitioners herein filed

an application seeking dismissal of the Final Decree

Proceeding on the premise that since in the Preliminary

Decree, the shares of respondent Nos.1 to 8 and 12 have

not determined, unless the preliminary decree is modified,

they were not entitled for drawing up of separate final

decree. That application came to be dismissed, against

which present petition is filed.

3. It is submitted that with the intervention of the

well wishers, friends and relatives, the petitioners and the

respondents have agreed to resolve the matter amicably

and in furtherance thereof petitioners and respondent

Nos.1 to 8 and 12 have today filed a compromise petition

under Order 23 Rule 3 CPC. The petitioners and

respondent Nos.1 to 8 and 12 are present in person, duly

represented by their respective counsels, Sri Ajay Kumar

A.K., Sri Ravi B. Patil, Sri Satish Kumar D. Gadkad and Sri

Sharanabasappa K. Babshetty.

4. It is necessary to note at this juncture that

during pendency of the present petition, respondent

Nos.10 and 11(a) are reported to be dead. However, their

legal heirs being R11(b) to R11(d) were already on record.

It is submitted that there is no other legal representative

available. The said submission is placed on record.

5. The parties present before this Court. They

confirm and consent the terms of the compromise petition.

They have also submitted that the matter has been

amicably and fully resolved amongst them. Taking the

said submission and noting the physical presence of the

parties duly identified by the respective counsels,

compromise petition is taken on record. The terms of the

said compromise petition are hereunder:

"1 The above petition is preferred by the respondents No.4 to 8 in FDP No.7/2013 pending on the file of I Addl. Senior Civil Judge at Bidar arising out Judgment and decree in O.S.No.17/1992 and RFA No.369/2001.

2. The petitioners being aggrieved of rejection of their application filed under I.A.No.IV regarding maintainability of the FDP proceedings preferred by the respondent Nos.1 to 8 herein vide order dated 07/02/2017 has preferred the above revision petition.

3. The respondent Nos.1 to 8 and 12 are none other than the sons and daughters of deceased Gouri Bee, who is the real younger sister of Shaik Chand being the father of petitioner Nos.1 to 5 and respondent Nos.11(b) to 11(d) and are related to each other and due to intervention of elderly friends, family members and relatives, the petitioners and the

respondents have mutually agreed to settle the dispute amicable by way of compromise. The parties to the proceedings have settled the dispute at their own Will and desire without being influenced by either threat, coercion or misrepresentation and the parties to the petition have agreed to reduce their terms of understanding in the form of present compromise petition.

4. It is agreed between the parties that, the suit properties being land in Sy.No.6/A (old), 6(1) (new) situated at Zamistanpur village, Tq & Dist: Bidar, totally measuring in an extent of 16 acres 05 guntas and a portion of the same is sold in favour of third parties and an extent of 02 acres 03 guntas is standing in the name of 4th petitioner Idrismiyan, and extent of 02 acres 25 guntas in standing in the name of 2nd petitioner, an extent of 03 acres 25 guntas is standing in the name of 5th petitioner, an extent of 03 acres 10 guntas is standing in the name of 1st petitioner as per the present ROR for the year 2021-22 in respect of land in

claiming the 1/5th share of their deceased mother Gouri Bee and therefore, the

petitioners have agreed to settle their share by agreeing to give 02 acres 20 guntas from out of the portion of land measuring 02 acres 25 guntas standing in the name of Md. Kabir i.e., 2nd petitioner and 03 acres 10 guntas standing in the name of Ameer Saheb @ Amiroddin i.e.,

and 12 have agreed to settle their claim by accepting 02 acres 20 guntas towards the share of their deceased mother i.e. Gouri Bee in full and final settlement of their claims.

5. The respondent Nos.11(b) to 11(d) being the real sisters of petitioner Nos.1 to 5 have also consented for the terms of settlement arrived between the petitioners and respondent Nos.1 to 8 and 12 and have no objection for settling the claim of respondent Nos.1 to 8 and 12 to an extent of 02 acres 20 guntas towards the share of deceased Gouri Bee.

6. The respondent Nos.1 to 8 and 12 being the sons and daughters of deceased Gouri Bee, the respondent Nos.1 to 8 and 12 hereby undertakes to settle their claim amicably, the petitioners and respondents have mutually

agreed to settle the dispute. It is further submitted that respondent No.9 being the wife of respondent No.12 has already got her 1/5th share in Execution Petition No.183/2010 related with O.S.No.17/1992 by metes and bounds and therefore has not joined in the present compromise.

7. The petitioners and respondent Nos.1 to 8 and 12 and respondent Nos.11(b) to 11(d) have specified the share to be allocated in the total extent of the land and same is bifurcated by red mark from out of the oral extent of the land in the sketch map annexed to the present compromise petition and said sketch map shall form a part and parcel of the present compromise petition.

8. The petitioner No.1 has also agreed to give an approach road from out of his extent of land measuring 03 acres 10 guntas an approach road running from North to South to have access to the Bidar-Zamistanpur Road, with a width of 20 ft towards Southern boundary of the total extent of land in Sy.No.6/1, which is also reflected in the sketch

map enclosed with the present compromise petition.

9. The all parties to the petition have joined their hands to settle all their disputes by their own consent and have understood the terms of the present compromise petition and same is read over to them in Hindi Language and thereafter, they have put their signatures/thumb impressions".

6. The compromise petition is enclosed with

sketch map drawn identifying the extent of 02 acres 20

guntas is delineated in Red colour having access of 20 ft

road from the main road.

7. The compromise petition is taken on record.

The Civil Revision Petition is disposed off in terms of

compromise petition.

Office to draw decree in terms of the compromise.

Sd/-

JUDGE

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