Karnataka High Court
Dr K A Samad vs Mrs Munazza Iqbal on 1 February, 2024
Author: Krishna S Dixit
Bench: Krishna S Dixit
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RFA No. 1512 of 2015
C/W RFA No. 1530 of 2015
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 1ST DAY OF FEBRUARY, 2024
PRESENT
THE HON'BLE MR JUSTICE KRISHNA S DIXIT
AND
THE HON'BLE MR JUSTICE G BASAVARAJA
RFA NO. 1512 OF 2015 (PAR)
C/W
RFA NO. 1530 OF 2015 (PAR)
IN RFA NO.1512/2015:
BETWEEN:
DR. K A SAMAD,
S/O K.MOHAMMED SAHEB,
"LITTLE FLOWER", BALMATTA ROAD,
MANGALURU-575 001.
SINCE DEAD BY LRS
ALREADY ON RECORD AS
Digitally signed PLAINTIFF NO.2
by SHARADA
VANI B & DEFENDANTS 6 TO 9
Location: HIGH
COURT OF 1. MRS. SHAMSHUNISSA BEGUM
KARNATAKA AGED ABOUT 84 YEARS,
W/O LATE DR.K.A. SAMAD,
"LITTLE FLOWER", BALMATTA ROAD,
MANGALURU-575 001.
...APPELLANT
(BY SRI. AJAY PRABHU M .,ADVOCATE)
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RFA No. 1512 of 2015
C/W RFA No. 1530 of 2015
AND:
1. MRS. MUNAZZA IQBAL,
AGED ABOUT 44 YEARS,
W/O LATE DR.A.S.MOHAMMED
IQBAL HUSSAIN,
PRESENTLY R/AT HABITAT APARTMENTS,
P.V.S. KALAKUNJA ROAD, KODIALBAIL,
MANGALURU-575 003.
2. SHEIK ABDULLA S/O ALI SAHEB,
CHARTERED ACCOUNTANT
CHURCH BUILDING, KODIALBAIL,
MANGALURU-575 003.
3. M.I.AMINA ASFIYA
AGED ABOUT 26 YEARS,
4. M.I.AYESHA ANJUM
AGED ABOUT 24 YEARS,
5. M.I.ATHIYA MARIAM
AGED ABOUT 20 YEARS,
3 TO 5 ARE THE DAUGHTERS OF
NO.1, MUNAZZA IQBAL
BY HER DECEASED HUSBAND
DR.A.S. MOHAMMED IQBAL HUSSAIN,
PRESENTLY R/AT HABITAT APARTMENTS,
P.V.S. KALAKUNJA ROAD, KODIALBAIL,
MANGALURU-575 003.
6. DR (MRS) KHUDSIA BEGUM
AGED ABOUT 56 YEARS,
W/O SADIQ HUSSAIN,
7. MRS. DILSHAD BEGUM
AGED ABOUT 55 YEARS,
W/O SYED ALTAF
8. MRS. FATHIMA SHEERIN SHAFY
AGED ABOUT 50 YEARS,
W/O K.S.M. SHAFY
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RFA No. 1512 of 2015
C/W RFA No. 1530 of 2015
9. MRS. SADIQUA WAHID
AGED ABOUT 44 YEARS,
W/O K.MOHAMMED WAHID
6 TO 9 ARE THE DAUGHTERS OF
DECEASED DR.K.A. SAMAD,
"LITTLE FLOWER", BALMATTA ROAD,
MANGALURU-575 001.
...RESPONDENTS
(R1, R3, R4, R5, R6, R7, R8, R9 ARE SERVED
(PRESENT THROUGH V/C))
THIS RFA FILED UNDER SEC.96 OF CPC., AGAINST THE
JUDGMENT AND DECREE DATED 13.07.2015 PASSED IN O.S
NO.38/1996 ON THE FILE OF THE IST ADDL. SENIOR CIVIL
JUDGE, MANGALURU, D.K., DISMISSING THE SUIT FOR
PARTITION AND SEPARATE POSSESSION.
IN RFA NO.1530/2015:
BETWEEN:
1. DR. MUNAZZA
W/O LATE DR.A.S.MOHAMMED IQBAL HUSSAIN,
AGED ABOUT 44 YEARS,
2. DR. AMINA ASFIYA M I
D/O LATE DR.A.S.MOHAMMED IQBAL HUSSAIN,
AGED ABOUT 26 YEARS,
3. MRS. AYESHA ANJUM
D/O LATE DR.A.S.MOHAMMED IQBAL HUSSAIN,
AGED ABOUT 24 YEARS,
4. MISS STHIYA MARIUM
D/O LATE DR.A.S.MOHAMMED IQBAL HUSSAIN,
AGED ABOUT 20 YEARS,
ALL ARE RESIDING AT NO.17,
HABITAT APARTMENTS,
KALA KUNJA ROAD, KODIALBAIL,
MANGALORE-575 003.
...APPELLANTS
(BY SRI.A MAHESH CHOUDARY., ADVOCATE)
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RFA No. 1512 of 2015
C/W RFA No. 1530 of 2015
AND:
LATE DR. K.A. SAMAD
SINCE DECEASED REP BY REST OF THE RESPONDENTS,
1. MRS. SHAMSHUNNISSA BEGUM,
W/O LATE DR.K.A.SAMAD,
AGED ABOUT 87 YEARS,
RESIDING AT LITTLE FLOWER,
BALMATTA ROAD,
MANGALURU-575002.
2. MRS. DR.KHUDISIA BEGUM,
W/OM R.SADIQ HUSSAIN,
AGED ABOUT 56 YEARS,
RESIDING AT LITTLE FLOWER
BALMATTA ROAD,
MANGALURU-575002.
3. MRS. DILSHAD BEGUM
W/O SYED ALTAF,
AGED ABOUT 54 YEARS,
RESIDING AT LITTLE FLOWER,
BALMATTA ROAD,
MANGALURU-575002.
4. MRS. FATHIMA SHEERIN SHAFY
W/O MR.K.S.M SHAFY
AGED ABOUT 52 YEARS,
RESIDING AT LITTLE FLOWER,
BALMATTA ROAD,
MANGALURU-575002.
5. MRS. SADIQUA WAHID
W/O MR.K.MOHAMMED WAHID,
AGED ABOUT 50 YEARS,
RESIDING AT LITTLE FLOWER,
BALMATTA ROAD,
MANGALURU-575002.
...RESPONDENTS
(BY SRI. AJAY PRABHU M., ADVOCATE FOR R1,R3 & R5;
R2 & R4 ARE SERVED (PRESENT THROUGH V/C))
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RFA No. 1512 of 2015
C/W RFA No. 1530 of 2015
THIS RFA FILED UNDER SEC.96 OF CPC., AGAINST THE
JUDGMENT AND DECREE DATED 13.07.2015 PASSED IN O.S
NO.91/2009 ON THE FILE OF THE IST ADDL. SENIOR CIVIL
JUDGE, MANGALURU, DISMISSING THE SUIT FOR PARTITION
AND SEPARATE POSSESSION.
THESE APPEALS COMING ON FOR ORDERS THIS DAY,
KRISHNA S. DIXIT. J., DELIVERED THE FOLLOWING:
JUDGEMENT
Learned advocate appearing for the parties in
these two matters submit that the lis involved there has
been amicably settled between their clients and
accordingly two Petitions are moved under Order XXIII
Rule 3 of CPC, 1908. Both the Petitions are signed by all
the parties; 7th Respondent in RFA No.1512 namely Ms.
Dilshad Begum represents other Respondents namely,
Mrs. Fathima Sheerin Shafy, Mrs. Sadiqua Wahid, Dr.
Khudsia Begum & Mrs. Sadiqua Wahid. She has
subscribed her signature on her behalf and on behalf of
these four persons. The compromise Petitions read thus:
IN W.P.NO.1512/2015:
"The Appellants and Respondents respectfully
submit as follows:
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1. The Appellants had filed the above appeal
seeking quashing of the common judgement
dated 13.07.2015 in O.S. 38/1996 and O.S No.
91/2009 passed by Hon'ble I Additional Senior
Civil Judge at Mangaluru. The real dispute of
the present appeal was regarding the right or
share, which the deceased son of the
Appellants had in the plaint schedule properties
at the time of his death.
2. The Appellants i.e., K.A Samad and
Shamshunissa Begum are the parents of the
Late A.S. Mohammed Iqbal Hussain. They had
filed OS No. 38/1996 for partition of suit
Schedule Property (Herein referred to as Item
No. 1 of Schedule Property) along with the
division of shares of A.S Mohammed Iqbal
Hussain. Subsequently, the LRs of Dr A.S Iqbal
Hussain had also filed OS No. 91/2009, on the
file of 1st Additional Senior Civil Judge,
Mangaluru claiming their right, interest and title
in the Suit Schedule Property (Herein referred
to as Item No. 2 of Schedule Property).
3. The aforesaid two suits were filed by the
Plaintiffs for the relief of partition and allotment
of separate possession of their legitimate share
in the suit properties and mesne profits and
such other reliefs. As the parties to both the
suits were common and suits were filed for
partition and separate possession of their
legitimate shares, both OS No. 38/1996 and OS
No. 91/2009 were clubbed and common
judgement of dismissal of suits was passed by
Hon'ble 1st Additional Senior Civil Judge,
Mangaluru. Aggrieved by the dismissal of the
suit, the Appellants herein had preferred the
instant appeal while LRs of Late A.S.
Mohammed Iqbal Hussain who filed OS No.
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91/2009 had preferred RFA No. 1530/2015
before this Hon'ble Court.
4. At the intervention of the well-wishers and
elders, mutual discussions and negotiations, in
order to bring finality to the litigation
expeditiously, the Appellants and Respondents,
have agreed to compromise the dispute
involved in the above suit on the following
terms and conditions in the manner stated
hereunder:
A. Real Estate
i. Mrs Munazza Iqbal (Respondent No. 1) and all
her children shall give up all of their claims to
'Little Flower' i.e., Item No. 2 of Schedule
Property.
ii. Mrs. Shamsunnisa Begum (Appellant No.2)
and her family shall give up all claims to the
of Schedule Property.
B. Shares
a. Mrs. Shamsunnisa Begum (Appellant No.2)
and her family do not want any of the
shares purchased by Dr A.S. Mohammed Iqbal
Hussain. However, no claims for, or queries
about, reconciliation of quantities of shares
and/or shares of specific companies will be
entertained by them. They too will not raise
any issues concerning shares in the possession
of Mrs Munazza Iqbal (Respondent No. 1) and
her family.
b. Mrs. Shamsunnisa Begum (Appellant No. 2)
and her family will issue a blanket waiver of
their claims to all shares forming part of the
estate of Dr A.S. Mohammed Iqbal Hussain that
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are in existence on the date of the compromise.
Such shares may be in their names
Mrs.Shamsunissa's name and/or the name of
Dr A.S Mohammed Iqbal Hussain, in sole or
joint names. This waiver is contingent upon
Mrs. Munazza and her family agreeing to the
following:
i. Shares in the sole name of Dr A S
Mohammed Iqbal Hussain will be transmitted to
his three children in equal proportions.
ii. No claim will be raised by Mrs Samad and
family against shares that stand in the sole
name of Mrs Munazza. These will entirely Mrs
iii. Shares in the joint names of Dr A S
Mohammed Iqbal Hussain and Mrs Munazza will
be transmitted to Mrs Munazza (Respondent
No.1).
iv. Shares in the joint names of Mrs
Shamshunnisa Begum (Appellant No.2) and Mrs
Munazza (Respondent No.1) will be transferred
to the three children of Dr A S Mohammed
Iqbal Hussain in equal proportions. Shares in
the joint names of Mrs Munazza and Mrs
Shamsunnisa Begum will be transferred to Mrs
Munazza.
v. Shares in the sole name of Mrs Shamsunnisa
Begum (Appellant No. 2) will be transferred to
the three children of Dr A S Mohammed Iqbal
Hussain in equal proportions.
vi. Shares in the joint names of Mrs
Shamsunnisa Begum (Appellant No. 2) and Dr
A S Mohammed Iqbal, or in the reverse order
of these names, shall be transmitted to the
three children of Dr A S Mohammed Iqbal
Hussain, in equal proportions.
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vii. Mrs Shamsunnisa Begum (Appellant No. 2)
and her are just trying to envisage a
comprehensive plan of settlement.
viii. Neither party will make any claims against
the other in respect of any shares forming part
of the estate of Dr Iqbal that are not in
existence in their names and/or the name of
the late Dr A S Mohammed Iqbal as of the date
of signing the compromise.
ix. In view of the blanket waiver on the shares
given by Mrs Samad and family, all work of
recovery, transmission and transfer of the
shares shall be done, and all related expenses
borne entirely by Mrs Munazza (Respondent no.
1) and/or her children.
x. A number of securities may be in existence,
but not in the possession of either Mrs Munazza
Iqbal or Mrs Shamsunnisa Samad and family.
In respect of these securities, Mrs Munazza
(Respondent No. 1) and family shall be at
liberty to obtain duplicate certificates and get
them transmitted/transferred in their names
along the lines contemplated supra.
xi. Mrs Samad and family will cooperate in
completing formalities of transmission, transfer
and obtaining duplicate certificates. However,
due consideration will have to be shown to Mrs
Samad in view of her age, when completing the
formalities.
xii. A suitable memo of waiver/no
objection/renunciation may be drafted by the
lawyers of both sides working together, for
perusal and approval by Mrs Samad and family
as well as Mrs Munazza and her children.
xiii. All original share certificates in the
possession of Mrs Shamsunnisa and family will
be handed over to Mrs Munazza Iqbal and
family only through the court or an officer,
receiver or commissioner appointed by the
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court for implementing the terms of the
compromise. This will be only after
compromise is reached and passed as an order
of the court. The First Party Mrs Munazza Iqbal
and her children shall bare the Income Tax
liability and GST if any in respect of the shares
being transferred to their name.
5. Appellants and Respondents declare that the
above compromise has been reached by mutual
discussions and amicably settled, without any
undue force, influence, coercion,
misrepresentation or fraud and with free
consent and will of both parties.
6. Appellants and Respondents in the above
appeal pray that this Hon'ble Court be pleased
to dispose of the above appeal in terms of the
present compromise by decreeing the instant
appeal in the above manner, in the interest of
justice and equity.
SCHEDULE PROPERTY
Item No. 1 [ Suit Schedule Property in OS
No. 91/2009]
All that piece and parcel of non-agricultural
immovable house-site property held on Warg
right situated in No. 86 Attavar Village of Falnir
Ward, Mangalore City Corporation within sub-
registration District of Mangalore City and
comprised in :
T.S. No. R.S No. Extent Which Assessment
A.C Portion
545/1A 943/1A 0.12.82 Eastern 2-43
Portion
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(Out of 28.4 cents of the western middle
portion - portion denoted as 545/1A5A in the
plan annexed to the registered sale deed dated
26.12.1991, Document No. 1707/1991-92 at
pages 167 to 188, volume No. 1218 of Book I
on the file of the Sub-Registrar, Mangalore
City.)
Item No. 2 [ Suit Schedule Property in OS
No. 38/1996]
All that piece and parcel of non-Agricultural
immovable property situated in Attavar Village
of Mangalore City within Mangalore City Sub-
Registrar, Dakshina Kannada District
comprising of R/S No. 622. T.S.No. 105-2 (as
per RTC 105- 2Bp1- p2) with an extent of 0.11
Acres containing on (western portion) building
bearing Door No. 14-3-171, 14-3-171/1, 14-3-
171/2, 14-3-171/3, 14-3-171/4, 14-3-171/5,
14-3-171/6, 14-3-171/6(1), 14-3-171/7 with
mamool easementary rights appurtenant
thereto and bounded on;
North By: Public Road
South By: Portion of the same Survey Number
East By: Property Boundary
West By: Plot of Mr. Stephen Pinto."
IN W.P.NO.1530.2015
"The Appellants and Respondents respectfully
submit as follows:
1. The Appellant had filed the above Suit
seeking quashing of the common judgement
dated 13.07.2015 in O.S. 38/1996 and O.S No.
91/2009 of the Court of I Additional Senior Civil
Judge at Mangaluru. The real dispute of the
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present appeal was regarding the right or
share, which the deceased Late Dr. A.S
Mohammed Iqbal Hussain had in the plaint
schedule properties at the time of his death.
2. The Appellants herein had filed OS No.
91/2009, on the file of 1st Additional Senior
Civil Judge, Mangaluru claiming their right,
interest and title in the Suit Schedule Property
(Herein referred as Item No.2 of Schedule
Property) as LR's of Late Dr. A.S Mohammed
Iqbal Hussain who died in possession of Item
No. 1 of Schedule Property. Further, the
parents of Late A.S. Mohammed Iqbal Hussain
i.e. K.A Samad and Shamshunissa Begum had
filed OS No. 38/1996 for partition of suit
Schedule Property (Herein referred as Item No.
2 of Schedule Property) along with the division
of shares.
3. The aforesaid two suits were filed by the
Plaintiffs for the relief of partition and allotment
of separate possession of their legitimate share
in the suit properties and mesne profits and
such other reliefs. As the parties to both the
suits were common and suits were filed for
partition and separate possession of their
legitimate shares, both OS No. 38/1996 and OS
No. 91/2009 were clubbed and common
judgement of dismissal of suits was passed by
Hon'ble 1st Additional Senior Civil Judge,
Mangaluru. Aggrieved by the dismissal of the
suit, the Appellants herein had preferred the
instant appeal while the parents of Late A.S.
Mohammed Iqbal Hussain who filed OS
No.38/1996 had preferred RFA No. 1512/2015
before this Hon'ble Court.
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4. At the intervention of the well-wishers and
elders, mutual discussions and negotiations, in
order to bring finality to the litigation
expeditiously, the Plaintiffs and Defendants,
have agreed to compromise the dispute
involved in the above suit on the following
terms and conditions in the manner stated
hereunder:
A. Real Estate
i. Mrs Munazza Iqbal (Appellant No. 1) and all
her children shall give up all of their claims
to 'Little Flower' i.e., Item No. 2 of
Schedule Property.
ii. Mrs. Shamsunnisa Begum (Respondent
No.1) and her family shall give up all claims
to the residential property at Falnir i.e. Item
No. 1 of Schedule Property.
B. Shares
a. Mrs Shamsunnisa Begum (Respondent No.1)
and her family do not want any of the shares
purchased by Dr A.S. Mohammed Iqbal
Hussain. However, no claims for,or queries
about, reconciliation of quantities of shares
and/or shares of specific companies will be
entertained by them. They too will not raise
any issues concerning shares in the
possession of Mrs Munazza Iqbal (Appellant
No. 1) and family.
b. Mrs Shamsunnisa Begum (Respondent No.1)
and her family will issue a blanket waiver of
their claims to all shares forming part of the
estate of Dr A.S. Mohammed Iqbal Hussain
that are in existence on the date of the
compromise. Such shares may be in their
names Mrs. Shamsunissa's name and/or the
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name of Dr A.S Mohammed Iqbal Hussain, in
sole or joint names. This waiver is
contingent upon Mrs. Munazza and her
family agreeing to the following:
i. Shares in the sole name of Dr A S
Mohammed Iqbal Hussain will be transmitted
to his three children in equal proportions.
ii. No claim will be raised by Mrs Samad and
family against shares that stand in the sole
name of Mrs Munazza. These will entirely
Mrs Munazza's i.e. (Appellant No.1).
iii. Shares in the joint names of Dr A S
Mohammed Iqbal Hussain and Mrs Munazza
will be transmitted to Mrs Munazza.
iv. Shares in the joint names of Mrs
Shamshunnisa Begum (Respondent No.1)
and Mrs Munazza (Appellant No. 1) will be
transferred to the three children of Dr A S
Mohammed Iqbal Hussain in equal
proportions. Shares in the joint names of
Mrs Munazza and Mrs Shamsunnisa Begum
will be transferred to Mrs Munazza.
v. Shares in the sole name of Mrs Shamsunnisa
Begum (Respondent No.1) will be
transferred to the three children of Dr A S
Mohammed Iqbal Hussain in equal
proportions.
vi. Shares in the joint names of Mrs
Shamsunnisa Begum (Respondent No.1) and
Dr A S Mohammed Iqbal, or in the reverse
order of these names, shall be transmitted
to the three children of Dr A S Mohammed
Iqbal Hussain, in equal proportions.
vii. Mrs Shamsunnisa Begum (Respondent
No.1) and her are just trying to envisage a
comprehensive plan of settlement.
viii. Neither party will make any claims against
the other in respect of any shares forming
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part of the estate of Dr Iqbal that are not in
existence in their names and/or the name of
the late Dr A S Mohammed Iqbal as on the
date of signing the compromise.
ix. In view of the blanket waiver on the shares
given by Mrs Samad and family, all work of
recovery, transmission and transfer of the
shares shall be done, and all related
expenses borne entirely by Mrs Munazza
(Respondent No.1) and/or her children.
x. A number of securities may be in existence,
but not in the possession of either Mrs
Munazza Iqbal or Mrs Shamsunnisa Samad
and family. In respect of these securities,
Mrs Munazza and family shall be at liberty to
obtain duplicate certificates and get them
transmitted/transferred in their names along
the lines contemplated supra.
xi. Mrs Samad and family will cooperate in
completing formalities of transmission,
transfer and obtaining duplicate certificates.
However, due consideration will have to be
shown to Mrs Samad in view of her age,
when completing the formalities.
xii. A suitable memo of waiver/no
objection/renunciation may be drafted by
the lawyers of both sides workingtogether,
for perusal and approval by Mrs Samad and
family as well as Mrs Munazza and her
children.
xiii. All original share certificates in the
possession of Mrs Shamsunnisa and family
will be handed over to Mrs Munazza Iqbal
and family only through the court or an
officer, receiver or commissioner appointed
by the court for implementing the terms of
the compromise. This will be only after
compromise is reached and passed as an
order of the court. The First Party Mrs
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Munazza Iqbal and her children shall bare
the Income Tax liability and GST if any in
respect of the shares being transferred to
their name.
5. Appellants and Respondents declare that the
above compromise has been reached by mutual
discussions and amicably settled, without any
undue force, influence, coercion,
misrepresentation or fraud and with free
consent and will of both parties.
6. Appellants and Respondents in the above
appeal pray that this Hon'ble Court be pleased
to dispose of the above appeal in terms of the
present compromise by decreeing the instant
appeal in the above manner, in the interest of
justice and equity.
SCHEDULE PROPERTY
Item No. 1 [ Suit Schedule Property in OS
No. 38/1996]
All that piece and parcel of non-agricultural
immovable house-site property held on Warg
right situated in No. 86 Attavar Village of Falnir
Ward, Mangalore City Corporation within sub-
registration District of Mangalore City and
comprised in :
T.S. No. R.S No. Extent Which Assessment
A.C Portion
545/1A 943/1A 0.12.82 Eastern 2-43
Portion
(Out of 28.4 cents of the western middle
portion - portion denoted as 545/1A5A in the
plan annexed to the registered sale deed dated
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26.12.1991, Document No. 1707/1991-92 at
pages 167 to 188, volume No. 1218 of Book I
on the file of the Sub-Registrar, Mangalore
City.)
Item No. 2 [ Suit Schedule Property in OS
No. 38/1996]
All that piece and parcel of non-Agricultural
immovable property situated in Attavar Village
of Mangalore City within Mangalore City Sub-
Registrar, Dakshina Kannada District
comprising of R/S No. 622. T.S. No. 105-2 (as
per RTC 105- 2Bp1- p2) with an extent of 0.11
Acres containing on (western portion) building
bearing Door No. 14-3-171, 14-3-171/1, 14-3-
171/2, 14-3-171/3, 14-3-171/4, 14-3-171/5,
14-3-171/6, 14-3-171/6(1), 14-3-171/7 with
mamool easementary rights appurtenant
thereto and bounded on;
North By: Public Road,
South By: Portion of the same Survey Number
East By: Property Boundary,
West By: Plot of Mr. Stephen Pinto."
2. We have perused the contents of Compromise
Petitions. We have interacted with the signatories to the
subject Petitions online. On being asked twice, they say
that this Compromise has been concluded knowledgeably
& voluntarily. Their voice is also recorded in the Court
Computer System. The respective advocates on being
asked, identify all the signatories to the Compromise.
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3. A perusal of the both the Compromise Petitions
generates confidence in the Court that the settlement is
amicably done and there is no violation of any law. There
is no legal or other bar for recording the Compromise and
thereby disposing off these two Appeals so that the amity
amongst the parties is restored by giving a decent burial
to all the differences/disputes. Compromise being
voluntary, is in the best interest of parties thereto.
In view of the above, these two Appeals are decreed in
terms of Compromise and that the judgments & decrees
impugned therein are set aside.
Registry to draw a common Judgement & Decree
accordingly.
Sd/-
JUDGE
Sd/-
JUDGE
Bsv
