Karnataka High Court
Sri K Venkataramaih vs Sri Syed Hussain @ Pyrusab on 22 February, 2022
Bench: N S Gowda
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 22ND DAY OF FEBRUARY, 2022
BEFORE
THE HON'BLE MR.JUSTICE N.S.SANJAY GOWDA
R.S.A. No.265/2007(SP)
BETWEEN:
SRI K. VENKATARAMAIH
S/O LATE KRISHNAPPA
AGED ABOUT 40 YEARS
RESIDING AT KOGILAHALLI
KASABA HOBLI
KOLAR TALUK-563 114.
... APPELLANT
(BY SRI. H R ANANTHA KRISHNA MURTHY, ADVOCATE)
AND:
1. SRI SYED HUSSAIN @ PYRUSAB
SINCE DECEASED BY LRS.,
A. SMT. MAHAJAN BEE
W/O SYED HUSSAIN
AGED 71 YEARS
B. THAYARA BEGUM
W/O SYED HUSSAIN
AGED 37 YEARS
C. SMT. MUBEEN BEGUM
W/O SYED MUKTHIYAR PASHA
AGED ABOUT 52 YEARS
D. SMT. MUBASHEER BEGUM
W/O SYED SHABBER PASHA
2
AGED ABOUT 47 YEARS
E. SMT. MUNEER BEGUM
W/O FIYAZ AHMED
AGED 44 YEARS
ALL ARE MUSLIM, MAJOR
LRS.1(A) TO (D) ARE
R/AT KOGILAHALLI, KASABA
HOBLI, KOLAR TALUK,
KOLAR.
LR.1(E) IS R/AT
RAHAMATHNAGAR
KOLAR TALUK, KOLAR.
PIN-563 114.
2. SYED IRFAN
S/O SYED HUSSAIN @ PYARUSAB
AGED ABOUT 52 YEARS
3. SYED IMRAN
S/O SYED [email protected]
AGED 50 YEARS
RESPONDENTS 2 & 3 ARE
RESIDING AT KOGILAHALLI
KASABA HOBLI, KOLAR TALUK
KOLAR-563 114.
4. SRI MUNINARAYANAPPA
S/O VENKATESHAPPA
AGED ABOUT 65 YEARS
HINDU, MAJOR
R/AT ADJACENT TO VINOBANAGAR
KOLAR-563 114.
SINCE DEAD REP. BY
HIS LEGAL REPRESENTATIVES
3
4(A) SMT.SUBBAMMA,
W/O.LATE MUNINARAYANAPPA,
AGED ABOUT 66 YEARS;
4(B) DR.SHANKAR,
S/O.LATE MUNINARAYANAPPA,
AGED ABOUT 40 YEARS;
4(C) SMT.SHASHIREKHA,
W/O.DR.M.S.PRAKASH
(SHE IS NOT THE LEGAL REPRESENTATIVE
OF MUNINARAYANAPPA)
4(D) SMT.M.RAJESHWARI,
D/O.LATE MUNINARAYANAPPA,
AGED ABOUT 45 YEARS,
SRI STEVEN (AROKIANATHAN),
MAJOR.
4(E) SMT.JAYALAKSHMI,
D/O.LATE MUNINARAYANAPPA,
AGED ABOUT 66 YEARS.
4(A), (B), (D) & (E) ARE RESIDING AT
VINOBA NAGAR, KNS POST,
NEAR KOGILA HALLI,
KOLAR. ... RESPONDENTS
(BY SRI. M NARAYANA REDDY, ADV. FOR
R1(A-E) R2 & R3
SRI SANTHOSH, ADV. FOR
R4(A)(B)(D) & (E)
THIS APPEAL IS FILED UNDER SECTION 100 OF CPC.,
AGAINST THE JUDGEMENT & DECREE DTD 11.12.2006
PASSED IN R.A.NO.1/2004 ON THE FILE OF THE PRESIDING
OFFICER, FTC-III, KOLAR, PARTLY ALLOWING THE APPEAL
FILED AGAINST THE JUDGMENT AND DECREE DT.20.11.2003
PASSED IN O.S.NO.35/1992 ON THE FILE OF THE PRL. CIVIL
JUDGE (SR.DN) KOLAR.
4
THIS APPEAL COMING ON FOR ORDERS, THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
This appeal is filed by the plaintiff, who was aggrieved by
the dismissal of the suit for specific performance and which
was modified in appeal by directing to receive sum of
`10,000/- with interest at 6% p.a.
2. A joint memo signed by the appellant and the
GPA holder of respondent Nos.4(a, b, d & e) has been filed.
In the said joint memo, it has been stated that the appellant
herein has received a sum of `2,00,000/- in full and final
settlement of his claim from respondent Nos.4(a, b, d & e)
and in view of receipt of the said sum of `2,00,000/-, the
appeal may be dismissed as settled out of the Court.
3. In view of the said memo, the appeal is dismissed
as settled out of the Court.
4. The Court fee paid shall be refunded in view of
the settlement arrived at as per the amended provisions of
Section 66 of the Karnataka Court Fees and Suits Valuation
Act, 1958.
Sd/-
JUDGE
nms
