Poorna Prajna House Building ... vs Sri. Faiz Tajmul Pasha
2023 Latest Caselaw 3588 Kant

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                                                     NC: 2023:KHC:21579-DB
                                                           WA No. 886 of 2018




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                            DATED THIS THE 22ND DAY OF JUNE, 2023

                                            PRESENT
                             THE HON'BLE MR JUSTICE ALOK ARADHE
                                              AND
                        THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE
                            WRIT APPEAL NO. 886 OF 2018 (CS-RES)
                   BETWEEN:

                   POORNA PRAJNA HOUSE BUILDING
                   CO-OPERATIVE SOCIETY LTD.,
                   AT NO.390, 9TH MAIN,
                   SRI. KUMARASWAMY TEMPLE ROAD,
                   HANUMANTHANAGAR, BANGALORE-560 019,
                   PRESENTLY AT:
                   NO.552, "POORNAPRAJNA SUVARNABHAVANA",
                   FIRST FLOOR, UTTARAHALLI-KENGERI MAIN ROAD,
                   POORNAPRAJNA NAGAR,
                   BANGALORE-560 061,
                   NOW REPRESENTED BY ITS CEO,
                   SRI. L. NANJAPPA.

Digitally signed                                                 ...APPELLANT
by BELUR
RANGADHAMA         (BY SRI K.R.KRISHNAMURTHY, ADVOCATE)
NANDINI            AND:
Location: HIGH
COURT OF                 SRI. FAIZ TAJMUL PASHA,
KARNATAKA
                         S/O ABDUL LATHIF
                         SINCE DECEASED BY
                         LEGAL REPRESENTATIVES,

                   1.    RUKHSANA BEGUM,
                         W/O. LATE FAIZ TAJMUL PASHA,
                         MAJOR,
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                                 NC: 2023:KHC:21579-DB
                                           WA No. 886 of 2018




2.   FARUQUE AZAM,
     S/O. LATE FAIZ TAJMUL PASHA, MAJOR,

3.   MUNNAWAR AZAM,
     S/O. LATE FAIZ TAJMUL PASHA, MAJOR,

4.   KAISER RAZA,
     S/O. LATE FAIZ TAJMUL PASHA, MAJOR,

5.   SHAMEEN ANJUM,
     D/O. LATE FAIZ TAJMUL PASHA,
     MAJOR,
     RESPONDENTS 1 TO 5 ARE RESIDING AT:
     NO.478, 2ND 'E' MAIN, MUTHYALANAGAR,
     BANGALORE - 560 054.

6.   DEPUTY REGISTRAR OF
     CO-OPERATIVE SOCIETIES II,
     BANGALORE DIVISION, BANGALORE.


                                        ...RESPONDENTS
(BY SMT BHARATI PATIL, ADVOCATE FOR R1 TO R5,
SRI B RAJENDRA PRASAD, HCGP FOR R6)

      THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE
KARNATAKA HIGH COURT ACT PRAYING TO ALLOW THE ABOVE
WRIT APPEAL AND SET ASIDE THE ORDER DATED 16/01/2018
PASSED    BY   THE   LEARNED      SINGLE     JUDGE   IN   WP
NO.21002/2012 AND WP NO.29622/2012 AND CONSEQUENTLY
ALLOW THE WRIT PETITIONS, AS PRAYED FOR.

      THIS APPEAL COMING ON FOR ORDERS THIS DAY, ALOK
ARADHE J., DELIVERED THE FOLLOWING:
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                                     NC: 2023:KHC:21579-DB
                                               WA No. 886 of 2018




                           JUDGMENT

This intra court appeal is filed against the order dated

16.01.2018 passed by the learned single Judge by which writ

petitions preferred by the appellant has been dismissed.

2. Learned counsel for the parties jointly submit that the

dispute between the appellant and respondents No.1 to 5 has

been amicably resolved. Learned counsel for the parties have

invited the attention of this Court to the joint memo filed on

behalf of the appellant and respondents No.1 to 5 and have

submitted that the dispute has been amicably settled.

3. The settlement reads as under:

"a. The Appellant Society hereby agrees and under takes to reserve the site bearing No.174 measuring East 48 East, West 48.3 feet, North 30 feet and South 30 feet, totally measuring 1443.75 square feet, comprised in the 2nd Layout formed by the Society at Uttarahalli and Vaddarapalya, Poornaprajnanagar, Bengaluru and allot and register jointly in the names of Respondent No.1 to 5 herein in due course of time.

NC: 2023:KHC:21579-DB WA No. 886 of 2018

b. The location of the site bearing No.174 is inspected by the Respondent No.3 herein, Munnawar Azam, on behalf of all the Respondents and found to be satisfactory. The Respondent No.1 to 5 herein are made aware that subsequent to the formation of the site by the society the BDA has initiated and completed the acquisition proceedings for BSK Vth Stage. However, the pursuant to the application made by the Appellant, the Government has issued an order for bulk allotment of 16 Acres of land including the area in which the site bearing No.174 is carved out. The bulk allotment was challenged in W.P.No.7010/2009 and the same was dismissed. The appeal filed in W.A.No.4592/2010 was also dismissed. However, the bulk allotment is delayed due to the records pertaining to the bulk allotment is secured before this Hon'ble court in W.P.No.43815-816/2011.

c. The Appellant undertakes to allot and register the site bearing No.174 measuring East 48 feet, West 48.3 feet, North 30 feet and South 30 feet, totally measuring 1443.75 square feet once after obtaining the bulk allotment from the BDA subject to the following conditions.

i) Sri Faiz Tajmul Pasha had partly paid Rs.600/- towards allotment of site in 1968

NC: 2023:KHC:21579-DB WA No. 886 of 2018

and said amount was equal to 261 Square feet at the rate of Rs.2.30/- per square feet.

ii) The Respondent 1 to 5 herein have agreed to pay the balance sale consideration amount of Rs.14,19,600/- at the rate of Rs.1200/- per square feet, for remaining extent of 1183 square feet at the time of allotment.

iii) The Respondent No.1 to 5 herein have agrees and undertakes to pay the actual charges payable to BDA for Bulk Allotment, other than the sale consideration.

iv) The Stamp Duty and Registration fee payable towards execution and registration of the sale deed shall be borne by the Respondent No.1 to 5 herein.

v) The Respondents No.1 to 5 hereby acknowledge and confirm that except the allotment and registration of the site at the rate agreed herein above, the Respondents No.1 to 5 herein no further claim whatsoever against the Appellant Society.

vi) The Respondents No.1 to 5 herein admits and confirm that they are only persons entitle to the estate of Late Sri Tajmul Pasha and if any

NC: 2023:KHC:21579-DB WA No. 886 of 2018

claims other than Respondent No.1 to 5 are lodged for the estate of Late Tajmul Pasha, it shall be the responsibility of the Respondents No.1 to 5 herein to resolve the same amongst themselves".

4. In view of the aforesaid, appeal is disposed of in terms

of compromise arrived at between the appellant and

respondents No. 1 to 5.

Sd/-

JUDGE

Sd/-

JUDGE

BRN