Sri B R Sajid Hussain vs Smt Farzana Begum
2023 Latest Caselaw 6122 Kant

                                       -1-
                                                 NC: 2023:KHC:31141
                                               RFA No. 1361 of 2016




              IN THE HIGH COURT OF KARNATAKA AT BENGALURU
                   DATED THIS THE 30TH DAY OF AUGUST, 2023
                                    BEFORE

                   THE HON'BLE MR. JUSTICE V SRISHANANDA

             REGULAR FIRST APPEAL No.1361 OF 2016 (DEC/INJ)

            BETWEEN:

            SRI B.R. SAJID HUSSAIN
            SON OF B.ABDUL RAHMAN
            AGED ABOUT 63 YEARS
            RESIDING AT: NO.77/1, 1ST FLOOR,
            HKP ROAD (BROADWAY ROAD)
            BENGALURU-560 051.
                                                       ...APPELLANT
            (BY SRI JANARDHANA G., ADVOCATE)
            AND:

            SMT. FARZANA BEGUM
            WIFE OF MOHAMMED FAROOK
            MAJOR
            RESIDING AT NO.77, 1ST FLOOR
            HKP ROAD (BROADWAY ROAD)
Digitally   BENGALURU-560 051.
signed by
MALATESH                                            ...RESPONDENT
KC
Location:   (BY SRI MOHAMMED NASIRUDDIN., ADVOCATE)
HIGH
COURT OF
KARNATAKA        THIS REGULAR FIRST APPEAL FILED UNDER SECTION 96
            OF THE CODE OF CIVIL PROCEDURE, AGAINST THE JUDGMENT
            AND DECREE DATED 25.06.2016 PASSED IN O.S.No.7530/2011
            ON THE FILE OF THE XIV ADDL. CITY CIVIL JUDGE,
            BENGALURU, DISMISSING THE SUIT FOR DECLARATION AND
            INJUNCTION.

                THIS APPEAL, COMING ON FOR HEARING, THIS DAY, THE
            COURT DELIVERED THE FOLLOWING:
                                -2-
                                             NC: 2023:KHC:31141
                                        RFA No. 1361 of 2016




                          JUDGMENT

Parties are present with their respective counsel. They

present a joint compromise petition under Order XXIII Rule 3 of

the Code of Civil Procedure, signed by the parties and their

respective counsel.

2. Parties are mohammedans. The contents of the

compromise petition are read over to the parties. Parties

submit that the terms of the compromise petition depict the

true terms of settlement. They also unequivocally submit that

there is no force, coercion or undue influence in reaching out

the compromise.

Accordingly, there is no impediment for this Court to

accept the compromise petition and dispose of the appeal in

terms of the compromise petition.

Hence, the following:

ORDER

(i) Appeal stands disposed of in terms of the compromise petition.

NC: 2023:KHC:31141 RFA No. 1361 of 2016

(ii) Office is directed to draw decree in terms of the compromise petition appending the copy of compromise petition.

(iii) No order as to costs.

(iv) Appellant is entitled for the refund of permissible Court Fee.

Sd/-

JUDGE

kcm List No.1, Sl.No.53