Smt. Tasmeem Waheed Ahmed vs Sri. Mohammed Wahed Ahmed
2022 Latest Caselaw 12205 Kant

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
     DATED THIS THE 28TH DAY OF SEPTEMBER, 2022
                      BEFORE
       THE HON'BLE MS. JUSTICE JYOTI MULIMANI
 MISCELLANEOUS FIRST APPEAL No.2812 OF 2022 (CPC)
                        C/W
  M.F.A.NO.2795 OF 2022 AND M.F.A.NO.2818 OF 2022

BETWEEN :

1.   SMT. TASMEEM WAHEED AHMED,
     W/O MOHAMMED WAHEED AHMED,
     AGED ABOUT 57 YEARS,
     R/AT NO.441, 14TH CROSS,
     LAKKASANDRA, BENGALURU - 30.

2.   SRI ZOHEB WAHEED AHMED,
     S/O MOHAMMED WAHEED AHMED,
     AGED ABOUT 30 YEARS,
     WORKING AS KEY ACCOUNTS MANAGER,
     CAPAROL PAINTS LLC, SAIHSUBAIB,
     DUBAI INDUSTRIAL CITY,
     POST BOX NO.62182, DUBAI, UAE.

3.   SRI ZUBAIR WAHEED AHMED,
     S/O MOHAMMED WAHEED AHMED,
     AGED ABOUT 27 YEARS,
     WORKING AS CHIEF TECHNOLOGY OFFICER,
     RAZER TECH DMCC-UNIT,
     NO.30-01-2498 JEWELRY AND GEMPLEX,
     DUBAI, UAE.

4.   SRI VAZIR ALI KHAN,
     S/O MOHABBOB ALI KHAN,
                                ... COMMON APPELLANTS

(BY SRI. A. MADHUSUDHANA RAO, ADVOCATE;
APPELLANT NO.4 DELETED
AS PER ORDER DATED 28.09.2022)
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AND:

1.     SRI. MOHAMMED WAHED AHMED,
       S/O LATE MOHAMMED HAYATH,
       AGED ABOUT 62 YEARS,
       R/AT DEJA APARTMENTS,
       FLAT NO.16, DOOR NO.428/429,
       IST MAIN AREKERE, LAKHMI LAYOUT,
       BANNERGHATTA MAIN ROAD,
       BENGALURU - 560 076.

2.     SRI MARTIN MANACHERRY,
       AGED ABOUT 49 YEARS,
       R/AT NO.133, GROUND FLOOR,
       4TH CROSS, LAKSHMI LAYOUT,
       AREKERE MICO LAYOUT,
       BENGALURU - 560 076.

3.     SRI SYED SALEEM,
       AGED ABOUT 50 YEARS,
       R/AT NO.133, GROUND FLOOR,
       4TH CROSS, LAKSHMI LAYOUT,
       AREKERE MICO LAYOUT,
       BENGALURU-560076.
                                  ...COMMON RESPONDENTS

(BY SRI. H. MANJUNATH, ADVOCATE;
V/O DTD.14.06.2022, NOTICE TO R2 AND R3 IS D/W)

       THESE   MISCELLANEOUS      FIRST APPEALS   ARE   FILED
UNDER 43 RULE 1(r) OF CODE OF CIVIL PROCEDURE, 1908.


       THESE MISCELLANEOUS FIRST APPEALS COMING ON FOR
ADMISSION,     THIS   DAY,   THE    COURT   DELIVERED    THE
FOLLOWING:
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                       JUDGMENT

Sri.A.Madhusudhana Rao., learned counsel for

appellants and Sri.H.Manjunath., learned counsel for

caveator/respondent No.1 have appeared in person.

2. Learned counsel for respective parties submit

that appellant No.1 for herself and as a GPA holder on

behalf of appellants 2 & 3 and respondent No.1 have

arrived at a settlement before Bengaluru Mediation

Centre, Bengaluru and a Memorandum of Agreement

under Section 89 of the Code of Civil Procedure read

with Rules 24 and 25 of Karnataka Civil Procedure

(Mediation) Rules, 2005 is also filed.

3. Learned counsel jointly submit that the same

may be taken on record and the appeal may be disposed

of in terms of the compromise arrived between the

parties.

4. Learned counsel for respective parties submit

that appellant No.1 and respondent No.1 are present

before this Court and they have been identified by their

respective counsel.

5. When queried by this Court appellant No.1

for herself and on behalf of appellants 2 & 3 and

respondent No.1 stated that they have indeed settled

the disputes and have arrived at compromise before

Bengaluru Mediation Centre, Bengaluru and the appeal

may be disposed of in view of the settlement arrived at

by them. They further submit that they have arrived at

settlement without there being any coercion, threat or

any undue influence.

6. The Memorandum of Agreement i.e.,

settlement arrived at between the parties before the

Bengaluru Mediation Centre, Bengaluru is taken on

record and perused the same. It is noted that the same

is signed by Smt.Tasmeem Waheed Ahmed - appellant

No.1 for herself and as General Power of Attorney of

Sri.Zoheb Waheed Ahmed & Sri.Zubair Waheed Ahmed -

appellants 2 & 3 respectively and Sri.Mohammed

Waheed Ahmed - respondent No.1.

The same reads as under:

"The parties above named submit as follows: I. The above appeals are filed by the appellants under Order 43 Rule 1(r) of the Code of Civil Procedure against the Order dated 08.11.2021 passed by the learned XII Addl. City Civil Judge, Bengaluru in O.S.No.3093/2019 on I.A.No.1 and 4 seeking relief of declaration, permanent possession and permanent injunction restraining the appellants from interfering with peaceful possession and enjoyment of suit schedule properties.

Both the 1st appellant and 1st respondent are husband and wife. Their marriage was solemnized in the year 1987 at Bengaluru. They have two sons who are majors and who are parties to this appeal as appellants No.2 & 3. From the year 2016 both the parties had developed differences between them and which led to filing of several cases between them. At

present, both the children are majors and residing in Saudi Arabia.

The suit was filed in the Court below with respect of ownership by the 1st respondent seeking declaration and permanent injunction restraining the 1st appellant from interfering with regard to suit schedule 'B' property namely:-

1) A residential house bearing No.441 (New No.441/16), situated at 14th Main, Lakkasandra, Bengaluru. The said property was purchased jointly in the names of 1st appellant and 1st respondent.

2) A residential house property bearing No.133, situated at Puttenahalli Village, Uttarahalli Hobli, which is now part of Arakere - MICO Layout, in the names of their children appellants No.2 & 3. II. The above appeals have been referred to mediation for resolving the dispute between the parties. It is essential to place on record that the mediation process has taken place between the parties in the presence of their advocates. During the course of mediation the 1st appellant represented for herself and on behalf of appellants No.2 & 3 as GPA Holder and 1st respondent along with their respective counsels were present. It is appropriate to record comprehensive settlement in this case.

III. The parties have resolved their disputes on the following terms and conditions:

1. That in respect of the above stated properties it is agreed between the parties that the appellant No.1 shall be the absolute owner of property No.1 i.e., a residential house bearing No.441 (New No.441/6), situated at 14th Main, Lakkasandra, Bengaluru, specified in the suit as Schedule A Property. The respondent No.1 undertakes to execute a release/relinquishment deed in favour of his wife the appellant No.1 thereby relinquishing his 50% share, right, title and interest over the said property, within a period of one month.

2. The appellant No.1 further agrees and undertakes to give 175 grams of gold to respondent No.1.

3. The appellant No.1 further agrees to execute a Gift Deed representing Appellants 2 & 3 as GPA Holders in favour of respondent No.1 in respect of a residential house property bearing No.133, situated at Puttenahalli Village, Uttarahalli Hobli, which is now part of Arakere - MICO Layout specified in the suit as Schedule B Property, within a period of one month. The respondent No.1 accepts the said proposal.

4. It is hereby agreed by the appellants Nos. 1 to 3 that a farm land measuring 4 acres and 10 guntas situated at Turuchaghatta Village, Kasaba Hobli, Davanagere Taluk belongs to respondent No.1 and his brothers and the appellants No.1 to 3 have given up their right, title and interest over the said property.

5. That with regard to the rents deposited in respect of Arekere property in O.S.No.3093/2019 it is agreed by the appellant Nos. 1 to 3 that the respondent No.1 shall fully withdraw the said amount so deposited.

6. It is further agreed between the parties that there exists an NRO Account No.1985104010583 at Canara Bank, NRI Branch, M.G. Road, Bengaluru. The said account was hereto operated by both the appellant No.1 and respondent No.1. It is hereby agreed by the appellant that the 1st respondent alone shall operate the said account and henceforth the appellant No.1 will cease to operate the said account and all the formalities of filing necessary forms shall be complied with by appellant No.1.

7. Both the parties hereby agree that they will withdraw all the cases filed by both against each other namely:-

a) O.S.No.161/2016 filed by appellant No.1 and pending before V Addl. Family Court, Bengaluru.

b) Crl.Misc.23/2017 filed by appellant No.1 pending before VI Addl.Family Court, Bengaluru.

c) Crl.Misc.384/2018 filed by respondent No.1 pending before IV Addl. Family Court, Bengaluru.

d) MSC/CR/34/2018/19 filed by respondent No.1 pending before A.C. (Tribunal North).

e) C.C.No.22193/2016 file by appellant No.1 pending before VI Addl. ACMM, Bengaluru. This case is filed under Section 498-A of IPC and both the parties hereby agree to file a petition under Section 482 of Cr.P.C. for quashing and both the parties agree to cooperate in the said case.

8. Both the parties hereby agree that they will file an appropriate I.As for deleting the other appellants and respondents from the cause title, as they are not necessary parties to these appeals.

9. Both the parties hereby agree and undertake that appellant No.1 will obtain Kulanama and get their marriage dissolved seeking a decree of divorce from the jurisdictional Court.

10. Both the parties hereby give up their rights to maintenance as against each other and as against the children in future in view of this settlement.

11. The Appellants 1, 2 & 3 and the Respondent state that apart from the above, they have no other claims of whatsoever nature against each other and also over the movable/immovable properties belonging to Respondent No.1 either past, present or future.

12. The parties hereby state that they shall not claim any right, title and interest in respect of any other movable and immovable properties which the parties have acquired or henceforth be acquired by them in future.

13. The parties hereby withdraw all the allegations against each other and agree not to interfere in the personal lives of each other in future.

14. Both the parties state that there has been no collusion or force, fraud or any undue influence in entering into this settlement/agreement in the aforesaid manner.

IV. In view of the aforesaid agreement entered into between the parties, the parties humbly pray that this Hon'ble Court be pleased dispose off the above appeals, in terms of this settlement/agreement.

V. Parties will appear before this Hon'ble High Court of Karnataka, Bengaluru, for passing orders in terms of the settlement/agreement."

7. On perusal of the same this Court finds that

the terms of the compromise are lawful and there is no

impediment to accept the same.

8. In the circumstances, the Miscellaneous First

Appeals are disposed of in view of the compromise

entered into between the parties.

9. The Trial Court is directed to dispose of the

suit in terms of the Memorandum of Agreement i.e.,

settlement arrived at between the parties before the

Bengaluru Mediation Centre, Benagluru.

Sd/-

JUDGE

BVK