A Rafi Ahmed S/O Late Akbar vs Sri P Varadaraju
2023 Latest Caselaw 10923 Kant

Citation : 2023 Latest Caselaw 10923 Kant
Judgement Date : 18 December, 2023

Karnataka High Court

A Rafi Ahmed S/O Late Akbar vs Sri P Varadaraju on 18 December, 2023

Author: V Srishananda

Bench: V Srishananda

                                            -1-
                                                     NC: 2023:KHC:46157
                                                    RFA No. 899 of 2005




                   IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                     DATED THIS THE 18TH DAY OF DECEMBER, 2023

                                       BEFORE
                      THE HON'BLE MR JUSTICE V SRISHANANDA
                     REGULAR FIRST APPEAL No.899 OF 2005 (DEC)


              BETWEEN:

                    A RAFI AHMED
                    S/O LATE AKBAR
                    SINCE DECEASED
                    REPRESENTED BY HIS LEGAL HEIR

              1.    SMT.S H MEHURURNNISA
                    W/O LATE A RAFI AHMED,
                    AGED ABOUT 64 YEARS,

              2.    SRI VAJEED AHMED R A
                    S/O LATE A RAFI AHMED
                    MUSLIM,
                    AGED 39 YEARS,

              3.    SMT.YASMEEN BANU
Digitally           W/O SRI ASLAM ALI
signed by R
MANJUNATHA          AND D/O LATE A RAFI AHMED
Location:           MUSLIM,
HIGH COURT
OF                  AGED 36 YEARS
KARNATAKA

              4.    SRI SAJEED AHMED R A
                    S/O LATE A RAFI AHMED
                    MUSLIM,
                    AGED 33 YEARS,

                    1 TO 4 NAMED ABOVE ARE ALL
                    RESIDING AT HOUSE NO.65,
                    III CROSS, I STAGE,
                    KIRLOSKAR COLONY,
                             -2-
                                    NC: 2023:KHC:46157
                                   RFA No. 899 of 2005




     WEST OF CHORD ROAD,
     BANGALORE - 560 079.
                                          ...APPELLANTS
(BY SRI BASAVANNA.K.M, ADVOCATE FOR A4;
VIDE ORDER DATED 31.10.23, APPEAL STANDS DISMISSED AS
AGAINST A1 AS ABATED;
VIDE ORDER DATED 31.10.23, APPEAL STANDS DISMISSED AS
AGAINST A2 AND A3 IS DISMISSED FOR NON PROSECUTION)
AND:

1.     SRI P VARADARAJU
       S/O SRI P VENKATADRI
       HINDU,
       AGED ABOUT 62 YEARS,
       RESIDING AT NO.10, PLATFORM ROAD,
       SHESHADRIPURAM,
       BANGALORE 560 020
       SINCE DECEASED ON 11.11.2008
       REPRESENTED BY HIS LEGAL REPRESENTATIVES

R1(a) SMT.BAGYAMMAL
      W/O LATE P.VARADARAJU
      HINDU
      AGED ABOUT 56 YEARS

R1(b) SRI NAVANEETHA
      S/O LATE P.VARADARAJU
      HINDU
      AGED ABOUT 36 YEARS

R1(c) SMT.CHAYADEVI
      D/O LATE P.VARADARAJU
      HINDU
      AGED ABOUT 33 YEARS

R1(d) SMT.GUNA JOTHI
      W/O VIJAYA KUMAR
      HINDU,
      AGED ABOUT 33 YEARS
                           -3-
                                        NC: 2023:KHC:46157
                                       RFA No. 899 of 2005




      D/O LATE P.VARADARAJU

R1(e) SMT.RAJESHWARI
      W/O SRI VASUDEVAN
      HINDU
      AGED ABOUT 32 YEARS

      ALL ARE RESIDING AT
      DOOR No.107, L.N.PURAM
      10TH A CROSS,
      BANGALORE - 560 021

2.    SMT.SAVITHRAMMA
      W/O RAJU
      HINDU,
      AGED ABOUT 53 YEARS,
      RESIDING AT NO.1243, II STAGE,
      KAMALANAGAR,
      BANGALORE 560 079
                                            ...RESPONDENTS


[BY SRI M.SHIVAPPA, ADVOCATE FOR R1(B TO E);
SRI M.R.SWAROOP, ADVOCATE FOR R2;
(V/O DATED 24.11.06, NOTICE TO R2 IS D/W)
VIDE ORDER DATED 06.10.2023, R1(a) IS DEAD AND R1(b) TO
(e) ARE THE LEGAL REPRESENTATIVES OF DECEDASED R1(a)]


     THIS REGULAR FIRST APPEAL IS FILED UNDER SECTION
96 OF CPC AGAINST THE JUDGMENT AND DECREE DT.21.3.05
PASSED IN O.S.NO.8161/99 ON THE FILE OF THE XIV ADDL.
CITY CIVIL JUDGE, BANGALORE (CCH-28), ALLOWING THE
SUIT FOR DECLARATION, POSSESSION, INJUNCTION AND
MESNE PROFITS.

     THIS REGULAR FIRST APPEAL COMING ON FOR FURTHER
HEARING,   THIS  DAY,   THE   COURT   DELIVERED  THE
FOLLOWING:
                                  -4-
                                              NC: 2023:KHC:46157
                                            RFA No. 899 of 2005




                             JUDGMENT

Appellant No.4-Sajeed Ahmed present.

Respondent No.1(b)-Navaneetha, respondent No.1(c)-

Chayadevi, respondent No.1(d)-Gunajyothi, respondent

No.1(e)- Rajeshwari are present. Respondent No.2-

Savithramma is also present.

2. A joint compromise petition is filed under Order XXIII

Rule 3 r/w Section 151 of the Code of Civil Procedure signed by

the parties and their respective counsel.

3. The contents of the compromise petition are read over to

the parties in Kannada language. Parties agree that they have

understood the terms of the compromise petition and it depicts

the true terms of settlement. They also unequivocally submit

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

out the compromise.

4. Accordingly, there is no impediment for this Court to

accept the compromise petition and dispose of the appeal in

terms of the compromise petition.

NC: 2023:KHC:46157

5. Rs.25,000/- is paid by way of cash to respondent No.2 by

respondent Nos.1(b) to (e). Same is acknowledged by signing

the order sheet. Balance sum of Rs.2,75,000/- is agreed to be

paid in instalments as per the compromise petition.

6. Hence, the following:

ORDER

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

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

(iii) After payment of balance sum of Rs.2,75,000/-, respondent No.2 who is in possession of the property shall hand over vacant possession of the property to respondent Nos.1(b) to (e). Appellant No.4 has no objection for the same.