Karnataka High Court
Hashimpeer vs Praveen Manoharlal Agarwal Since ... on 5 June, 2024
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NC: 2024:KHC-K:3619
RFA No. 200004 of 2024
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 5TH DAY OF JUNE, 2024
BEFORE
THE HON'BLE Mrs. JUSTICE K.S. HEMALEKHA
REGULAR FIRST APPEAL NO.200004/2024(DEC/POS)
BETWEEN:
HASHIMPEER
S/O MADAR SAB KANNUR
AGED ABOUT 50 YEARS, OCC: BUSINESS
R/O.CDS NO.1498/B/18B OF
WARD NO.VI (PARIWAR VILLA)
J.M. ROAD,
VIJAYAPURA-586104.
...APPELLANT
(BY SRI ABDUL MUQHTADIR, ADVOCATE)
AND:
Digitally signed
by SUMITRA
SHERIGAR
Location: High
Court of PRAVEEN MANOHARLAL AGARWAL
Karnataka SINCE DECEASED BY HIS LRS.
1. PARVEEN W/O PRAVEEN AGARWAL
AGED ABOUT 65 YEARS,
OCC: HOUSEHOLD WORK
R/O. F-502, PRATEEK STYLONE,
SECTOR-45, NOIDA
NEW DELHI -201303.
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NC: 2024:KHC-K:3619
RFA No. 200004 of 2024
2. PUNEET S/O PRAVEEN AGARWAL
AGED ABOUT 47 YEARS, OCC: BUSINESS
R/O. F-502, PRATEEK STYLONE,
SECTOR-45, NOIDA
NEW DELHI -201303.
3. PRIYANKA D/O PRAVEEN AGARWAR
AGED ABOUT 42 YEARS,
OCC: HOUSEHOLD WORK
R/O. RAMKISHORE ROAD, CIVIL LINE,
NEW DELHI-110054.
4. ALAM NAWAZ
S/O RAJESAB MURTUJASAB ADAVANI
AGED ABOUT 43 YEARS, OCC: BUSINESS
RESIDING AT SHAIKH COLONY,
J.M. ROAD,
VIJAYAPURA-586104.
...RESPONDENTS
(BY SRI NARENDRA M. REDDY, ADV. FOR R1 TO R3)
THIS RFA IS FILEED U/S 96 R/W ORDER 41 RULE 1 OF
CPC, PRAYING TO SET ASIDE THE JUDGMENT AND DECREE
PASSED BY THE IIND ADDL. SENIOR CIVIL JUDGE AT
VIJAYAPURA DATED 18.08.2023 IN O.S.NO.132/2015 BY
ALLOWING THIS APPEAL, ETC.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
JUDGMENT
A memo being moved by the counsels, the matter is
taken up at 2:30 for reporting settlement.
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2. Compromise petition is filed under Order XXIII Rule
3 read with Section 151 of CPC by the counsels appearing for
the parties, duly signed by the appellant and respondent No.2
the Power of Attorney Holder of respondent Nos.1 and 3, who
are plaintiffs before the trial Court.
3. The appellant and respondent No.2, who is also the
Power of Attorney Holder of respondent Nos.2 and 3 are
present before the Court and on query made by the Court, they
have agreed the terms and conditions of the compromise.,
which read as under:
"a] It's agreed and settled between the parties that
plaintiff acknowledges the absolute ownership,
title and possession of the suit schedule
property of the defendant no.2 who acquired
the property through oral gift from defendant
no.1 on 31.10.2012 and the plaintiff also
acknowledges the entries in favour of the
defendant no.2 in the Revenue Offices.
b] It's agreed and settled between the parties that
the sale deed executed by the defendant no.1
in favour of the plaintiff dated 27.06.2013 was
a nominal/paper sale deed and in lieu of the
same the plaintiffs have already received a sum
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of Rs.12,00,000/- on 04.06.2024 from the
defendant no.2 and the plaintiffs have
acknowledge the same.
c] It's agreed and settled between the parties that
plaintiff or his Legal representatives or anybody
claiming under him will not have any right, title
or interest over the suit schedule property after
executing this compromise.
d] It's agreed and settled between the parties that
in lieu of this compromise the sale deed
executed by the defendant No.1 in favour of
the plaintiff vide document bearing
No:3111/2013-14 dated: 27.06.2013 stands
cancelled and the intimation may be given to
the concerned Sub-Registrar in this regard."
4. The compromise petition filed by the parties is
taken on record and the appeal is disposed of in terms of the
compromise petition. The compromise petition forms as part
and parcel of this judgment.
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5. Registry to draw the decree accordingly.
6. The Court Fee paid by the appellant to be refunded
in accordance with law to the appellant.
Sd/-
JUDGE
SBS
CT:VD
