Karnataka High Court
Mrs Mumtaz Begum vs Sri. K S Panduranga Setty on 23 February, 2022
Bench: M.I.Arun
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 23RD DAY OF FEBRUARY, 2022
BEFORE
THE HON'BLE MR. JUSTICE M.I.ARUN
RFA NO.1383 OF 2015 (SP)
BETWEEN:
SRI. J. MOHAMMED RAFIQ
SON OF THE LATE JAMAL SAB
AGED ABOUT 47 YEARS
NO.138, II FLOOR,
DHARAMRAJA KOIL STREET
SHIVAJINAGAR,
BENGALURU-560 001.
... APPELLANT
(BY SRI. JANARDHANA G, ADVOCATE)
AND:
1. SRI. K.S. PANDURANGA SETTY,
SINCE DECEASED, REP BY HIS LRS,
1(A) SRI. K.P. SHABHARISH BAABU,
SON OF THE LATE K. S. PANDURANGA SETTY,
AGED ABOUT 56 YEARS,
HAVING BUSINESS AT NO.138 DHARMARAJA KOIL
STREET, SHIVAJINAGAR,
BENGALURU-560 001.
1(B) SRI. K.P. HARISH,
SON OF LATE K.S. PANDURANGA SETTY,
AGED ABOUT 52 YEARS,
HAVING BUSINESS AT NO.138
DHARAMARAJA KOIL STREET,
SHIVAJINAGAR
BENGALURU-560 001.
2
2. SMT. K.P. BHARATH MATHA,
W/O. SRI. K.S. PANDURANGA SETTY
AGED ABOUT 72 YEARS,
PROPRIETRIX
SHYAMALA & SHYAMALA ENGINEERING CO.,
GROUND AND 1ST FLOOR (REAR PORTION)
NO.138, DHARMARAJA KOIL STREET,
SHIVAJINAGAR, BENGALURU-560 001.
3. SMT. ASMATHUNNISA,
SINCE DECEASED REP, BY HER LRS,
RESPONDENT NO.4 TO 8.
4. SMT. MUMTAZ BEGUM,
W/O. V. ZAILABUDDIN,
AGED ABOUT 45 YEARS,
RESIDING AT NO.66,
4TH CROSS, P & T COLONY,
VENKATESHPURAM,
BENGALURU-560 045.
5. SMT. GULNAZ BEGUM,
W/O. R. HABEEBULLA,
AGED ABOUT 41 YEARS,
NO.96, DHARMARAJA KOIL STREET,
SHIVAJINAGAR, BENGALURU-560 001.
6. SMT. SHANAZ BEGUM,
W/O. ASLAM BASHA,
AGED ABOUT 37 YEARS,
NO.66, 4TH CROSS,
P&T COLONY, VENKATESHPURAM,
BENGALURU-560 045.
7. SMT. DILSHAD BEGUM,
W/O. SRI. RIZWAN BASHA,
AGED ABOUT 33 YEARS,
NO.1562, INAM MOSQUE STREET,
PRASHAD NAGAR,
3
ARABIC COLLEGE POST,
BENGALURU-560 045.
8. SMT. SULTANA BEGUM,
W/O. SRI. SHAKEEL AHMED,
AGED ABOUT 31 YEARS,
NO.171, 6TH CROSS, 8TH MAIN,
PILLANNA GARDEN, III STAGE,
BENGALURU-560 044.
... RESPONDENTS
(BY SRI. SHRINIVAS P. DHONDALE, ADVOCATE FOR
R1(A & B) AND R2;
SRI. D.R. SUNDARESHA FOR R-4 TO R8;
VIDE ORDER DATED 23.02.2022 R4 TO R8
TREATED AS LRs OF DECEASED R3)
THIS RFA IS FILED UNDER SECTION 96 OF CPC,
AGAINST THE JUDGMENT AND DECREE DATED
06.08.2015 PASSED IN O.S.No.26530/007 ON THE FILE
OF XXVIII ADDITIONAL CITY CIVIL JUDGE, MAYOHALL
UNIT, BENGALURU (CCH-29), PARTLY DECREEING THE
SUIT FOR SPECIFIC PERFORMANCE.
THIS RFA COMING ON FOR ORDERS, THROUGH
VIDEO CONFERENCING, THIS DAY THE COURT
DELIVERED THE FOLLOWING:
JUDGMENT
A compromise petition dated 14.02.2022 is filed
on behalf of appellant and respondents and it is duly
executed by them.
The appellant and the respondents are present
before the Court. Respondent No.2 is duly represented
by respondent No.1(b), who is her son and GPA holder.
2. The said compromise petition is signed by
appellant, respondent and their respective counsel. The
parties and their respective counsel are present before
this Court and the parties are duly identified by their
counsel. Both state that they have agreed to the
compromise and pray that the appeal may be disposed
of in terms of the compromise.
3. The compromise petition is taken on record.
Accordingly, the appeal is disposed of in terms
of the compromise.
Office to draw modified decree accordingly.
Registry to verify and refund 50% of the court fee
as requested by the parties, if they are so entitled.
Sd/-
JUDGE
AG
