Karnataka High Court
Rafiq Ahmad vs Shakeela Begum on 1 July, 2024
Author: H.P.Sandesh
Bench: H.P.Sandesh
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NC: 2024:KHC:24547
RSA No. 1176 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 1ST DAY OF JULY, 2024
BEFORE
THE HON'BLE MR JUSTICE H.P.SANDESH
REGULAR SECOND APPEAL NO. 1176 OF 2023
BETWEEN:
RAFIQ AHMAD
S/O LATE ABDUL SAMEED
DEAD BY HIS LRS,
1. ANEES UR REHMAN,
S/O LATE RAFEEQ AHMED,
AGED ABOUT 42 YEARS
2. MUJEEB UR RAHMAN
S/O LATE RAFEEQ AHMED,
AGED ABOUT 40 YEARS
3. AWAIZ UR REHMAN
S/O LATE RAFEEQ AHMED,
Digitally signed
by DEVIKA M AGED ABOUT 40 YEARS,
Location: HIGH
COURT OF
KARNATAKA 4. FARHANA BEGUM
D/O LATE RAFEEQ AHMED,
AGED ABOUT 40 YEARS
5. FARIDA MUJASSIM
D/O LATE RAFEEQ AHMED,
AGED ABOUT 30 YEARS
6. FIRDOSEUNNISA
D/O LATE RAFEEQ AHMED,
AGED ABOUT 30 YEARS,
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NC: 2024:KHC:24547
RSA No. 1176 of 2023
ALL ARE R/AT KOLAR ROAD,
VIJAYAPURA TOWN,
DEVANAHALLI TALUK,
BANGALORE RURAL DISTRICT-562 135.
7. FAHMEEDA BEGUM,
W/O RAFIQ AHMAD,
AGED ABOUT 40 YEARS,
VIJAYAPURA TOWN,
BANGALORE RURAL DISTRICT,
R/AT KOLAR ROAD,
VIJAYAPURA TOWN,
DEVANAHALLI TALUK-562 135.
...APPELLANTS
(BY SRI. VINAYA KUMAR N D., ADVOCATE)
AND:
1. SHAKEELA BEGUM,
D/O LATE ZAITHUNNISSA,
W/O SYED SAMIULLA,
AGED ABOUT 43 YEARS
2. SABINA BEGUM
D/O LATE ZAITHUNNISSA,
W/O AKRAM PASHA,
AGED ABOUT 39 YEARS,
BOTH ARE R/O HOGRI VILLAGE,
ARAHALLI POST,
KOLAR TALUK AND DISTRICT-563 131.
3. SYED SIRAJ AHMAD
S/O LATE ZAITHUNNISA,
AGED ABOUT 47 YEARS,
R/AT 4TH CROSS,
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NC: 2024:KHC:24547
RSA No. 1176 of 2023
GANGANAGAR,
R.T. NAGAR POST,
BENGALURU-560 032.
...RESPONDENTS
(BY SRI. DASTAGIR J A., ADVOCATE;
SRI. J.V. RAMAKRISHNA, ADVOCATE FOR
IMPLEADING APPLICANT)
THIS RSA IS FILED UNDER SECTION 100 OF CPC,
AGAINST THE JUDGMENT AND DECREE DATED 27.03.2022
PASSED IN RA.NO.5/2018 ON THE FILE OF THE II ADDL.
DISTRICT JUDGE, CHIKKABALLAPUR, STTING AT CHINTAMANI
PARTLY ALLOWING THE APPEAL AND SETTING ASIDE THE
JUDGMENT AND DECREE DATED 17.10.2017 PASSED IN
O.S.NO.82/2008 ON THE FILE OF THE SENIOR CIVIL JUDGE
AND JMFC., SHIDLAGATTA.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
JUDGMENT
The appellant's counsel and also counsel appearing for
respondents have filed a Memorandum Of Compromise Petition
under Order-XXIII, Rule-3 of CPC. In terms of the compromise,
respondent nos.1 and 2 have agreed to receive an amount of
Rs.35,00,000/- each and out of that they are receiving
Rs.7,00,000/- each by way of cheque and remaining balance
NC: 2024:KHC:24547
amount of Rs.56,00,000/- payable to respondent Nos.1 and 2
shall be paid within time stipulated i.e., six months from today.
2. Respective parties along with counsels are present
and have identified their parties. Parties have understood the
terms of the compromise petition and the same is accepted.
Registry is directed to take signatures of the parties and draw
decree in terms of the compromise petition.
Sd/-
JUDGE
JJ
