Karnataka High Court
Ali Akbar Mohamed Dangi vs Bibi Asma Kom Abu Mohamad on 29 October, 2024
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NC: 2024:KHC-D:15988
RSA No. 5083 of 2012
IN THE HIGH COURT OF KARNATAKA,
DHARWAD BENCH
DATED THIS THE 29TH DAY OF OCTOBER, 2024
BEFORE
THE HON'BLE MRS JUSTICE K.S.HEMALEKHA
REGULAR SECOND APPEAL NO. 5083 OF 2012 (DEC)
BETWEEN:
1. ALI AKBAR MOHAMED DANGI
AGE: 51 YEARS, R/O. HAMJA COLONY,
TUDALLI, POST: MURUDESHWAR,
BHATKAL, NORTH KANARA-581320.
2. BIBI KATIJA KOM ALI AKBAR DHANGI
AGE: 38 YEARS, R/O. HAMJA COLONY,
TUDALLI, POST: MURUDESHWAR,
BHATKAL, NORTH KANARA-581320.
... APPELLANTS
(BY SRI. VISHWANATH HEGDE, ADVOCATE)
AND:
1. BIBI ASMA KOM ABU MOHAMAD
AGE: 34 YEARS, R/O. HAMJA COLONY,
Digitally signed by TUDALLI, POST: MURUDESHWAR,
VISHAL NINGAPPA
PATTIHAL BHATKAL-581320.
Location: HIGH
COURT OF
KARNATAKA
2. VENKATRAMAN NAIK S/O. BUDIYA DURGAYYA NAIK,
DHARWAD BENCH
AGE: 43 YEARS, R/O. MAVALLI-I VILLAGE,
BHATKAL-581320.
... RESPONDENTS
(BY SRI. SOURABJ HEDGE, ADVOCATE FOR R1;
NOTICE TO R2 IS DISPENSED WITH)
THIS RSA IS FILED UNDER SECTION 100 OF CPC., AGAINST
THE JUDGMENT AND DECREE DATED 31.10.2011 PASSED IN
R.A.NO.80/2005 ON THE FILE OF SENIOR CIVIL JUDGE, HONAVAR,
(ITINERARY COURT AT BHATKAL,) DISMISSING THE APPEAL BY
CONFIRMING THE JUDGMENT DATED 31.03.2004 AND THE DECREE
PASSED IN OS.NO..99/1999 ON THE FILE OF THE CIVIL JUDGE
(JR.DN) BHATKAL, DECREEING THE SUIT FILED FOR PERMANENT
INJUCTION.
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NC: 2024:KHC-D:15988
RSA No. 5083 of 2012
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
CORAM: THE HON'BLE MRS JUSTICE K.S.HEMALEKHA
ORAL JUDGMENT
Appellants are defendant Nos.1 and 3 and
respondent No.1 is the plaintiff.
The memorandum of compromise petition is filed by
appellants and respondent No.1/ plaintiff under Order 23
Rule 3 of CPC.
The terms of the compromise petition reads as
under:
"4. The dispute is settled amicably between
Appellants and Respondent No.1 in the presence of
well wishers and relatives and the terms of the
settlement are as under.
i. The appellants are the owners of eastern portion of
Sy.No. 841/2E to the extent of 0-3guntas-0 situated at
Mavalli Ivillage, Murdeshwar, Taluk Bhatkal, Dist: Uttara
Kannada.
The property bounded by
Survey Boundaries
ii. The Respondent No.1 is the owner of Property situated
in Mavalli-1 Village, of Bhatkal Taluk, occupancy right.
841/2E, Western half portion dry 0-3 guntas-0
Boundaries: East: Portion of the property in possession
of 2nd Defendant
West: Plot of Koteshwar
North: Plot of Madeva Naik
South: Plot of Nagappa
NC: 2024:KHC-D:15988
iii. The appellants and Respondent No.1 agreed to
admits their title and possession with respect to suit
properties 3 guntas each. The appellants/Defendants
No.2 and 3 are the owners of 3 guntas in the eastern
portion and the plaintiff/respondent No. 1 is the owner to
the extent of 3 guntas in the western portion of the suit
property.
iv. The respondent No.1/ Plaintiff has agreed to modify
the decree to the extent of 3 guntas in the western
portion of the suit property.
V. The appellants/ defendants No.2 and 3 are the owners
and in possession of 3 guntas in the eastern portion of
the suit property.
vi. Since, No relief is claimed against Respondent
No.2/Defendant No.1. The appeal may kindly be
dismissed against respondent No.2.
vii. In view of the settlement the modified decree may
kindly be drawn in terms of the compromise decree.
viii. By virtue of the compromise the plaintiffs and
contesting defendants agreed that, they are not claiming
any right over the suit schedule properties in any
manner. This compromise is also binding on the persons
who are claiming under them.
ix. The judgment and decree dated 31-3-2004 passed in
O.S.No. 99/1999 by Civil Judge (Jr.Dn) be modified as
agreed in terms of this compromise petition.
x. The revenue authorities shall enter the name of the
respective parties in terms of the modified decree.
xi. The contents of the compromise petition which is in
English read over and explained to the Parties in
Kannada language and the parties having understood
contents and agreed thereupon and affixed their
signature with free consent and volition free from all
undue influence, fraud and misrepresentations, to this
compromise have signed this compromise petition after
being explained about the terms in Kannada after
agreeing to the contents.
xii. Wherefore, Compromise petition be accepted and the
judgment and decree dated 31-3-2004 passed by Civil
Judge (Jr.Dn) Bhatkal in O.S.No. 99/1999 be modified in
terms of the compromise petition."
NC: 2024:KHC-D:15988
Compromise petition is duly signed by the appellant
and respondent No.1/ plaintiff and their respective
counsels.
Appellants and respondent No.1 are present before
this Court. On query made by this Court, they agree to the
terms of compromise.
The Compromise petition is taken on record.
Compromise petition forms part and parcel of this
order. In terms of the compromise petition, the regular
second appeal stands disposed of.
Registry to draw decree accordingly.
Sd/-
( JUSTICE K.S.HEMALEKHA)
PJ/ Ct-PA
