Karnataka High Court

Syed Isaq vs Smt. Maqbool Bi on 1 December, 2023

Author: S.R.Krishna Kumar

Bench: S.R.Krishna Kumar

                                         -1-
                                                   NC: 2023:KHC:43420
                                                 RFA No. 1255 of 2015
                                               C/W RFA No. 70 of 2016



                 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                    DATED THIS THE 1ST DAY OF DECEMBER, 2023

                                    BEFORE
                   THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR
                   REGULAR FIRST APPEAL NO.1255 OF 2015 (PAR)
                                         C/W
                   REGULAR FIRST APPEAL NO.70 OF 2016 (PAR)

            IN R.F.ANo.1255/2015:

            BETWEEN:

            1.   SRI RIZWAN SHARIEF,
                 S/O ABDUL SHAKUR SAB,
                 AGED ABOUT 55 YEARS,
                 NALLU VILLAGE,
                 CHANNAGIRI TALUK.

            2.   SRI RAHAMATHULLA
                 S/O SHAIK IMAN SAB,
                 AGED ABOUT 40 YEARS,
                 VEERAPURA VILLAGE,
                 BHADRAVATHI TALUK.
Digitally
signed by   3.   SRI NASARULLA
VANDANA S        S/O SHAIK IMAM SAB,
Location:        AGED ABOUT 35 YEARS,
HIGH
COURT OF         NALLU VILLAGE,
KARNATAKA        CHANNAGIRI TALUK.

            4.   SRI NOORULLA
                 S/O SHAIK IMAM SAB,
                 AGED ABOUT 33 YEARS,
                 NALLU VILLAGE,
                 CHANNAGIRI TALUK.

            5.   SRI HAFEEZULLA
                 S/O SHAIK IMAM SAB,
                 AGED ABOUT 25 YEARS,
                               -2-
                                            NC: 2023:KHC:43420
                                        RFA No. 1255 of 2015
                                      C/W RFA No. 70 of 2016



     NALLU VILLAGE,
     CHANNAGIRI TALUK.

6.   SMT SHAHEENA
     W/O ASIF KHAN,
     AGED ABOUT 31 YEARS,
     KEREBILCHI VILLAGE,
     CHANNAGIRI TALUK.

7.   SMT THASEENA BANU
     W/O ZAMIL AHAMED,
     AGED ABOUT 29 YEARS,
     KEREBILCHI VILLAGE,
     CHANNAGIRI TALUK.

8.   SMT MOHSEENA BANU
     W/O MUSHARAF,
     AGED ABOUT 27 YEARS,
     KEREBILCHI VILLAGE,
     CHANNAGIRI TALUK.
                                                 ...APPELLANTS
(BY SRI. MD. AKRAM UPPIN, ADVOCATE FOR
    SRI. RAHAMATHULLA KOTHWAL, ADV. FOR A-2, A-4 TO A-8
    MISS. RUHA LATIF, ADVOCATE FOR
    SRI. MOHAMMED FAIZAN, ADVOCATE FOR A-1 AND A-3)

AND:

1.   SMT MAQBOOL BI
     W/O ABDUL JABBAR SAB,
     AGED ABOUT 59 YEARS,
     NALLU VILLAGE,
     CHANNAGIRI TALUK.

2.   SMT BASHEERABI
     W/O LATE KHAMRUDDIN SAB,
     AGED ABOUT 57 YEARS,
     HATTIBULASAGARA VILLAGE,
     CHANNAGIRI TALUK.

3.   SMT MAHABOOBBI
     W/O MOHAMMED GHOUSE SAB,
     AGED ABOUT 55 YEARS,
     VEERAPURA VILLAGE,
     BHADRAVATHI TALUK.
                                -3-
                                             NC: 2023:KHC:43420
                                         RFA No. 1255 of 2015
                                       C/W RFA No. 70 of 2016



4.    SMT AKILABI
      W/O MOHAMMED IQBAL SAB,
      AGED ABOUT 53 YEARS,
      VEERAPURA VILLAGE,
      BHADRAVATHI TALUK.

5.    SMT QURESHEEDBI
      W/O P S SALEEM KHAN,
      AGED ABOUT 51 YEARS,
      13TH CROSS, BHASHAN NAGAR,
      DAVANAGERE.

6.    SRI MUNAWAR
      W/O SARVAR BEIG,
      AGED ABOUT 40 YEARS,

7.    SMT MUSTARI JAAN
      D/O SARVAR BEIG,
      AGED ABOUT 35 YEARS,

8.    SMT MUBEENA
      D/O SARVAR BEIG,
      AGED ABOUT 33 YEARS,
      RESIDENT OF NALLURU VILLAGE,
      CHANNAGIRI TALUK.

9.    SYED ZAKIR
      S/O SYED SABJAR SAB
      AGED ABOUT 51 YEARS
      RESIDING AT NALLU VILLAGE
      CHANNAGIRI TALUK
      DAVANAGERE DISTRICT - 577 213.
      (IMPLEADED RESPONDENT NO. 9
      VIDE COURT ORDER DATED: 13.06.2022)
                                                 ...RESPONDENTS
(BY SRI. HARISH KUMAR M S., ADV. FOR C/R-5 AND
     ALSO FOR R-1 TO R-4;
     SRI. CHIDAMBARA G.S., ADVOCATE FOR R-9;
     R-6, R-7 & R-8 ARE SERVED)

      THIS RFA IS FILED UNDER SEC.96 OF CPC AGAINST THE
JUDGMENT AND DECREE DATED 21.07.2015 PASSED IN
O.S.NO.42/2010 (OLD O.S NO.14/2009) ON THE FILE OF THE
SENIOR CIVIL JUDGE AND JMFC., CHANNAGIRI, DECREEING THE
SUIT FOR PARTITION.
                               -4-
                                          NC: 2023:KHC:43420
                                        RFA No. 1255 of 2015
                                      C/W RFA No. 70 of 2016



IN R.F.A. No.70/2016:

BETWEEN:
1.     SYED ISAQ
       AGED ABOUT 52 YEARS
       S/O SYED SABJAN SAB.

2.     SYED ZAKIR
       AGED ABOUT 46 YEARS
       S/O SYED SABJAN SAB.

       BOTH ARE R/O. NALLURU VILLAGE
       CHANNAGIRI TALUK
       DAVANAGERE DISTRICT - 577 213.
                                               ...APPELLANTS
(BY SRI. CHIDAMBARA G.S., ADVOCATE)

AND:

1.   SMT MAQBOOL BI
     W/O ABDUL JABAR SAB,
     AGED ABOUT 61 YEARS,
     R/O. NALLUR VILLAGE,
     CHANNAGIRI TALUK
     DAVANAGERE DISTRICT - 577 213.

2.   SMT BASHEERABI
     W/O LATE KHAMRUDDIN SAB,
     AGED ABOUT 59 YEARS,
     R/O. HATTIBULASAGARA VILLAGE,
     CHANNAGIRI TALUK
     DAVANAGARE DISTRICT - 577 213.

3.   SMT MAHABOOBBI
     W/O MOHAMMED GHOUSE SAB,
     AGED ABOUT 57 YEARS,
     R/O. VEERAPURA VILLAGE,
     BHADRAVATHI TALUK - 577 301.

4.   SMT AKILABI
     W/O MOHAMMED IQBAL SAB,
     AGED ABOUT 55 YEARS,
     R/O.VEERAPURA VILLAGE,
     BHADRAVATHI TALUK - 577 301.
                              -5-
                                           NC: 2023:KHC:43420
                                         RFA No. 1255 of 2015
                                       C/W RFA No. 70 of 2016




5.    SMT QURSHEEDBI
      W/O P S SALEEM KHAN,
      AGED ABOUT 53 YEARS,
      R/O 13TH CROSS, BASHA NAGAR,
      DAVANAGERE - 577 002.

6.    RIZWAN SHARIEF
      S/O ABDUL SHAKUR SAB
      AGED ABOUT 57 YEARS
      R/O NALLUR VILLAGE
      CHANNAGIRI TALUK
      DAVANAGERE DISTRICT - 577 213.

7.    RAHAMATHULLA
      S/O SHAIK IMAM SAB
      AGED ABOUT 42 YEARS
      OCC: TEACHER GOVT, URDU HIGHER
      PRIMARY SCHOOL
      R/O. VEERAPURA VILLAGE
      BHADRAVATHI TALUK - 577 301.

8.    NASARULLA
      S/O SHAIK IMAM SAB
      R/O. NALLUR VILLAGE
      AGED ABOUT 37 YEARS
      CHANNAGIRI TALUK
      DAVANAGERE DISTRICT - 577 213.

9.    NOORULLA
      S/O SHAIK IMAM SAB
      R/O. NALLUR VILLAGE
      AGED ABOUT 35 YEARS
      CHANNAGIRI TALUK
      DAVANAGERE DISTRICT - 577 213.

10. HAFEEZULLA
    S/O SHAIK IMAM SAB
    R/O. NALLUR VILLAGE
    AGED ABOUT 27 YEARS
    CHANNAGIRI TALUK
    DAVANAGERE DISTRICT - 577 213.

11.   SMT SHAHEENA
      W/O ASIF KHAN,
                                -6-
                                               NC: 2023:KHC:43420
                                         RFA No. 1255 of 2015
                                       C/W RFA No. 70 of 2016



      AGED ABOUT 33 YEARS,
      R/O. KEREBILACHI VILLAGE,
      CHANNAGIRI TALUK.
      DAVANAGERE DISTRICT - 577 213.

12.   SMT THASEENA BANU
      W/O ZAMEEL AHAMED,
      AGED ABOUT 31 YEARS,
      R/O. KEREBILCHI VILLAGE,
      CHANNAGIRI TALUK.
      DAVANAGERE DISTRICT - 577 213.

13.   SMT MOHSEENA BANU
      W/O MUSHARAF,
      AGED ABOUT 29 YEARS,
      R/O. KEREBILCHI VILLAGE, CHANNAGIRI TALUK.
      DAVANAGERE DISTRICT - 577 213.

14.   MUNAWAR
      AGED ABOUT 42 YEARS
      W/O SARVAR BEIG
      R/O. NALLUR VILLAGE
      CHANNAGIRI TALUK
      DAVANAGERE DISTRICT - 577 213.

15.   SMT. MUSTARI JAAN
      AGED ABOUT 37 YEARS
      D/O. SARVAR BEIG
      R/O NALLUR VILLAGE, CHANNAGIRI VILLAGE
      DAVANAGERE DISTRICT - 577 213.

16.   SMT. MUBEENA
      AGED ABOUT 35 YEARS
      D/O SARVAR BEIG
      R/O. NALLUR VILLAGE, CHANNAGIRI VILLAGE
      DAVANAGERE DISTRICT - 577 213.
                                                 ...RESPONDENTS
(BY SRI. HARISH KUMAR, M.S.,ADVOCATE FOR R-1 TO R-4;
    SRI. R. KOTHWAL, ADVOCATE FOR R-6 TO R-13;
    NOTICE TO R-10 IS D/W VIDE ORDER DATED 19.07.2021
    R-14, R-15 & R-16 ARE SERVED)

       THIS RFA IS FILED UNDER SECTION 96 OF CPC AGAINST THE
JUDGMENT AND DECREE DATED 21.07.2015 PASSED IN OS NO.42/2010
(OLD NO.14/2009) ON THE FILE OF THE SENIOR CIIVL JUDGE AND
J.M.F.C., CHANNAGIRI, DECREEING THE SUIT FOR PARTITION.

    THESE APPEALS, COMING ON FOR ORDERS, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
                                   -7-
                                                NC: 2023:KHC:43420
                                            RFA No. 1255 of 2015
                                          C/W RFA No. 70 of 2016



                            JUDGMENT

Both these appeals arise out of the impugned judgment and

decree dated 21.07.2015 passed in O.S.No.42/2010 (Old

O.S.No.14/2009) on the file of the Senior Civil Judge & JMFC,

Channagiri, whereby the said suit of the plaintiffs for partition and

separate possession of their alleged share in the suit schedule

immovable properties was decreed in their favour against the

defendants by the Trial Court.

2. A perusal of the schedule to the plaint will indicate that

the suit schedule immovable properties comprise of three items of

the landed properties as described in the schedule.

3. Aggrieved by the impugned judgment and decree

passed by the Trial Court, RFA No.1255/2015 is preferred by

defendant Nos.2 to 9 and RFA No.70/2016 is preferred by Sri.Syed

Isaq and another, who are not parties to the suit but claim to have

purchased portion of item No.1 of the suit schedule immovable

properties from defendant No.2.

4. Appellants and respondents in RFA No.1255/2015

have filed a Joint Memo of compromise. Appellants and

NC: 2023:KHC:43420

respondents in RFA No.1255/2015 are physically present before

the Court and admit having signed the Joint Memo of compromise.

Parties are identified by their respective counsels.

5. Further, respondent Nos.6 to 9 despite not being

represented by the counsel before this Court are physically present

and admit having signed the compromise petition. The said Joint

Memo of compromise reads as under:

" The parties above named submit as follows:

1. The Appellants herein have filed the above appeal challenging the Judgment and decree dated 21.7.2015 passed by the Senior Civil Judge, Channagiri in O.S. No.42/2010 (Old O.S.No.14/2009) wherein the court below has granted 1/13th share each to the plaintiffs and 1/13th share together to the defendants 10 to

12.Further the court below has granted 1/4thshare to the 2ndDefendant and 1/4thshare together to the defendant No. 3to 9.The court below has also ordered for enquiry for the quantum mesne profit during the final decree proceedings.

2. This Hon'ble court after hearing the parties on admission was pleased to admit the above appeal and posted the matter for final hearing. However, during the pendency of the above appeal the dispute between the parties have settled due to advise of the friends and well-

wishers on the following terms and conditions:

NC: 2023:KHC:43420

I. The Respondent No. 1 to 5/Plaintiff No.1to5 and Respondent No. 6 to 8/Defendant No. 10 to 12 herein have decided not to claim any share in the item No.A of plaint schedule. In other words they have relinquished their right, title and interest in the Item No.A of Plaint Schedule.

II. As far as the Item No. C of plaint schedule is concerned the Respondent No. 1 to 5/Plaintiff No. 1 to 5 and Respondent No. 6 to 8/Defendant No. 10 to 12 have decided not to claim any share in the item No.C of the plaint schedule property. Further, they have relinquished their right, title and interest in the Item No.C of plaint schedule. However, the Appellant No. 1 to 8/Defendant No.2 to 9 have formed a 25 feet road in the item No.C of the plaint Schedule Property from East to West by the side of Davanagere -Channagiri Road to till the RS No. 174of Nalluru Village, Kasaba Hobli, Channagiri Taluk which is the item B of plaint schedule property. The said road will be open for the use of all the parties without any exception. The approximate place and shape of the road has been shown in the rough sketch filed along with this joint memo.

III. The Respondent No.1 to 5/Plaintiff No. 1 to 5 and the Respondent No. 6 to 8/Defendant 10 to 12 have agreed to take totally 55 guntas in the item No.B of Plaint Schedule property out of 3 acre 3 guntas.The said road starting from Davanagere - ChanngiriRoad upto R.S. No 174 as shown in the sketch will have free access to all the parties to the suit and their successors and at no point of

- 10 -

NC: 2023:KHC:43420

time any of the parties to this appeal will have an exclusive access. The land given to the share of the Respondent No.1 to 5/Plaintiff No.1 to 5 i.e., 55 guntas in R.S. No 174 has been identified is situated on the Southern side of R.S.No.174. The Respondent No.1 to 5/Plaintiff No.1 to 5 and Respondent No.6 to 8/Defendant No.9 to 12 have kept two guntas of land out of 55 gunta in R.S.No.174 on the eastern side for the purpose of road and the same will be used for their internal use purpose only. Likewise the Respondent No. 1 to 8 have also agreed to form 25 feet road in the middle of the 55 guntas of land from East to West. The Land measuring 55 guntas allotted to the share of Respondent No.1 to 5/Plaintiff No.1 to 5 and Respondent No.6 to 8/Defendant No.9 to 12 in Item No.C of Plaint Schedule has been morefully described herein under the head of Schedule 'B' Property and hereinafter referred to as Schedule 'B' Property.

and Respondent No.6 to 8/Defendant No.9 to 12 herein further have subdivided the 53 guntas (After leaving two gunta land for road purpose out of 55 guntas) of land in item No B of plaint schedule i.e., R.S. No 174. Out of 53 guntas of land the Respondent No.1 to 5/Plaintiff No.1 to 5 got 10 guntas each in R.S.No.174 and the same has been allotted to Respondent No.1 to 5 on the seniority in age from East to West. Further the Respondent No. 6 to 8 will be jointly allotted 3 guntas of land. The details of the same are as follows:

- 11 -

NC: 2023:KHC:43420

a. The Respondent No.1 Smt.Maqbool Bihas been allotted 10guntas of land in R.S.No.174 i.e., Item B of plaint schedule property on the eastern most end which is morefully described as Plot-1 in the sketch and morefully described under the head of Item No.1 of Schedule 'C' Property.

b. The Respondent No.2 Smt. Basheera Bihas been allotted 10 guntas of land in R.S.No.174 i.e., Item B of plaint schedule property on the western side of the property allotted to Smt. Maqbool Bi which is morefully described as Plot-2 in the sketch and morefully described under the head of Item No.2 of Schedule 'C' Property.

c. The Respondent No.3 Smt. Mahaboob Bi has been allotted 10 guntas of land in R.S.No.174 i.e., Item B of plaint schedule property on the western side of the property allotted to Smt. Basheera Bi which is morefully described as Plot-3 in the sketch and morefully described under the head of Item No.3 of Schedule 'C' Property.

d. The Respondent No.4 Smt. Akila Bihas been allotted 10 guntas guntas of land in R.S.No.174 i.e., Item B of plaint schedule property on the western side of the property allotted to Smt. Mahaboob Bi which is morefully described as Plot-4 in the sketch and morefully described under the head of Item No.4 of Schedule 'C' Property.

e. The Respondent No.5 Smt. Qursheed Bihas been allotted 10 guntas of land in R.S.No.174 i.e., Item B of plaint schedule property on the western side of the property allotted to Smt. Maqbool Bi which is morefully

- 12 -

NC: 2023:KHC:43420

described as Plot-5 in the sketch and morefully described under the head of Item No.5 of Schedule 'C' Property.

f. The Respondent No.6 to 8 Sri Munavar, Smt.MustariJaan and Smt. Mubeena jointlyhave been allotted 3 guntas of land in R.S.No.174 i.e., Item B of plaint schedule property on the western side of the property allotted to Smt. Qursheed Bi which is morefully described as Plot-6 in the sketch and morefully described under the head of Item No.6 of Schedule 'C' Property.

V. The Appellants/Defendant No. 2 to 9, today, have put the Respondent No.1 to 5/Plaintiff No.1 to 5 and Respondent No.6 to 8/Defendant No.10 to 12 have been put into exclusive possession of their respective shares allotted as above in item B of schedule property as stated above.

VI. Since the Respondent No. 1 to 5/the Plaintiffs No. 1 to 5 and Respondent No. 6 to 8/Defendant No. 10 to 12 have Decided not to claim any share in item of No. A of Schedule property the sale deed executed by AppellantNo.2/Defendant No. 2 in favour of Syed Issaq i.e., the brother of Syed Zakir/Respondent No.9 vide sale deed dt: 27-02-2001 in respect of 1 acre 25 guntas in item No. A of plaint schedule property is concerned the same will be intact.

VII. The Appellant No. 1 to 8 herein undertake that they will not interfere with the peaceful possession enjoyment of the Respondent No.1 to 5/Plaintiff No. 1 to 5 in respect of land allotted to them in item B of plaint schedule as

- 13 -

NC: 2023:KHC:43420

above. Further the Appellant No.1 to 8 herein have relinquished their right, title and interest in respect of 55 Guntas of land allotted to the Respondent No. 1 to 5/Plaintiff No.1 to 5 and Respondent No.6 to 8/Defendant No.10 to 12.

VIII. In view of the partition and separate possession of their respective share as agreed above the Respondent No.1 to 5/ Plaintiff No. 1 to 5 and Respondent No.6 to 8/Defendant No.10 to 12 herein undertake that they would not interfere with the peaceful possession and the enjoyment of Appellant No. 1 to 8 in respect of to the land allotted them.

IX. All the parties herein have no objection whatsoever to transfer the Revenue Records/RTC in favour of others as per the above settlements.

X. The RespondentNo.1 to 5/Plaintiff No.1 to 5 and Respondent No.6 to 8/Defendant No.10 to 12 have filed the Final Decree Proceedings in FDP No.7/2015 on the file of Senior Civil Judge and JMFC, Channagiri and same is pending for consideration. However, now, in view of this settlement and handing over the possession of the land given to the share of the Respondent No.1 to 5/Plaintiff No.1 to 5 and Respondent No.6 to 8/Defendant No.10 to 12 they have undertaken to withdraw the FDP proceedings at the earliest.

XI. Further the RTC of R.S.No.174 of Nallur Village, Kasaba Hobli,ChannagiriTaluk discloses that the said property has been mortgaged for the loan taken by the

- 14 -

NC: 2023:KHC:43420

Appellant No. 1 to 8 herein. Therefore, the Appellants No.1 to 8 herein undertake to pay the entire loan amount at the earliest and get the 55 guntas of land allotted to the share of Respondent No.1 to 9 herein released from any encumbrances.

PRAYER

Wherefore it is prayed that in view of the settlement arrived at between the parties as stated above this Hon'ble court be pleased to modify the judgement and decree passed by the senior civil judge at Channagiriin O.S No. 42/2010 dated. 21.7.2015 as per the terms and conditions as agreed above in the interest of justice and equity.

SCHEDULE

A) Agriculture land bearing R.S.No.37/1 totally measuring about 9 acres 23 guntas including Kharab of Asthafanahalli in KasabaHobli, ChanangeriTaluk presented poded into R.S.No.37/1A & R.S.No.37/1B and bounded by:

              East         : Lands of Abdul Jabbar Sab
              West         : AsthafnahalliThanda
              North        :Property of ChirandoniAmeersab
              South        :Halla

       B)     Agriculture land bearing R.S.No.174 totally

measuring about 3 acres 3 guntas (two guntas of karab land) of Nallur Village, in KasabaHobli, ChanangeriTaluk presented poded into R.S.No.174/P1 & R.S.No.174/P2 and bounded by:

- 15 -

                                                 NC: 2023:KHC:43420





               East            : Road
               West            : Property of H.Prakash
               North           : Road
               South           : Private Property

         C)    Residential     houses     and    vacant    space

bearing Khanishumari No.381, 382 & 383 approximately measuring E-W-200 feet and N-S-200 feet situated at Nallur Village, KasabaHobli, ChannageriTaluk and bounded by

East : Channagiri Road West : Property bearing R.S.No.174 North : Temple South : Temple

SCHEDULE 'B' PROPERTY

Agriculture land bearing R.S.No.174 totally measuring 55 guntas out of 3 acres 3 guntas (two guntas of karab land) of Nallur Village, in KasabaHobli, ChanangeriTaluk and bounded by:

               East            : Private property
               West            :Remaining property in Sy.No.174
               North           : Drainage
               South           : Private Property

                SCHEDULE 'C' PROPERTY

Item No.1: Agriculture land bearing R.S.No.174 totally measuring 10 guntas out of Schedule 'B' Property

East : Road (two guntas road formed out of 55 guntas) West :Land allotted to Smt.Basheera Bi North : Drainage South : Private Property

- 16 -

NC: 2023:KHC:43420

Item No.2: Agriculture land bearing R.S.No.174 totally measuring 10 guntas out of Schedule 'B' Property

East : Land allotted to Smt.Maqbool Bi West :Land allotted to Smt.Mahaboob Bi North : Drainage South : Private Property

Item No.3: Agriculture land bearing R.S.No.174 totally measuring 10 guntas out of Schedule 'B' Property

East : Land allotted to Smt.Basheera Bi West : Land allotted to Smt.Akilla Bi North : Drainage South : Private Property

Item No.4: Agriculture land bearing R.S.No.174 totally measuring 10 guntas out of Schedule 'B' Property

East : Land allotted to Smt.Mahaboob Bi West : Land allotted to Smt.Qursheed Bi and others North : Drainage South : Private Property

Item No.5: Agriculture land bearing R.S.No.174 totally measuring 10 guntas out of Schedule 'B' Property

East : Land allotted to Akila Bi West : Land allotted to Sri Munavar and others North : Drainage South : Private Property

Item No.6: Agriculture land bearing R.S.No.174 totally measuring three(3) guntas out of Schedule 'B' Property

East : Land allotted to Qursheed Bi West : Remaining land in R.S.No.174

- 17 -

                                                 NC: 2023:KHC:43420





                   North        : Drainage
                   South        : Private Property"

6. As stated supra, RFA No.70/2016 is filed by the

appellants who are not parties to the suit and claim that they have

purchased portion of item No.A of the suit schedule immovable

properties from defendant No.2. Further, appellant No.2 in RFA

No.70/2016 has also been impleaded as respondent No.9 in RFA

No.1255/2015.

7. Being satisfied with the terms and conditions contained

in the Joint Memo of Compromise entered into between the parties

in RFA No.1255/2015, to which appellant No.2 in RFA No.70/2016

is also a party, both RFA No.1255/2015 and RFA No.70/2016 are

disposed of in terms of the Joint Memo of compromise by

modifying the impugned judgment and decree passed by the Trial

Court and substituting the same with the terms and conditions of

the said Joint Memo of compromise.