Smt Fatima vs Smt T N Bhagya
2025 Latest Caselaw 4400 Kant

Citation : 2025 Latest Caselaw 4400 Kant
Judgement Date : 25 February, 2025

Karnataka High Court

Smt Fatima vs Smt T N Bhagya on 25 February, 2025

                                                  -1-
                                                          NC: 2025:KHC:8396-DB
                                                          R.F.A. No.1338/2015




                           IN THE HIGH COURT OF KARNATAKA AT BENGALURU
                             DATED THIS THE 25TH DAY OF FEBRUARY, 2025
                                                PRESENT
                             THE HON'BLE MRS. JUSTICE ANU SIVARAMAN
                                                  AND
                            THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL
                             REGULAR FIRST APPEAL NO.1338/2015 (PAR)


                      BETWEEN:

                            SMT. FATIMA
                            DEAD BY HER LR'S.

                      1.    SRI. MULKI AHMED AZEEZ
                            S/O LATE AHMED BERRY
Digitally signed by         AGED ABOUT 64 YEARS.
ARSHIFA BAHAR
KHANAM                2.    SRI. M.A. ISMAIL
Location: HIGH              S/O MULKI AHMED AZEEZ
COURT OF
KARNATAKA                   AGED ABOUT 48 YEARS.

                      3.    SRI. MULKI AZEEZ AHMED
                            S/O MULKI AHMED AZEEZ
                            AGED ABOUT 46 YEARS.

                      4.    SRI. M.A. MOHAMMED RAFIQ
                            S/O MULKI AHMED AZEEZ
                            AGED ABOUT 44 YEARS.

                      5.    SRI. M.A. IBRAHIM SHARIFF
                            S/O MULKI AHMED AZEEZ
                            AGED ABOUT 39 YEARS.

                      6.    SRI. M.A. ABUBAKAR SIDDIQ
                            S/O MULKI AHMED AZEEZ
                            AGED ABOUT 37 YEARS.
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                                    NC: 2025:KHC:8396-DB
                                    R.F.A. No.1338/2015




7.   SMT. M.A. SHABANA AZMI
     D/O MULKI AHMED AZEEZ
     AGED ABOUT 30 YEARS.

8.   SMT. M.A. SHABEENA BANU
     D/O MULKI AHMED AZEEZ
     AGED ABOUT 30 YEARS.

     ALL ARE R/O.
     #52, NEAR P AND T QUARTERS
     M.G. ROAD, UDAYAGIRI
     MYSURU-570019.

                                           ...APPELLANTS
(BY SRI. K.R. LINGARAJU, ADV.,)


AND:

1.     SMT. T.N. BHAGYA
       DEAD BY HER LR'S.

1(a) SRI. D. RUDRESH
     S/O D. HANUMANTHAPA
     AGED ABOUT 65 YEARS.

1(b) SMT. SMITHA D.R.
     D/O D. RUDRESH
     AGED ABOUT 38 YEARS.

       BOTH ARE R/O.
       #1688/9B, 6TH CROSS
       NEAR HEMAVATHI HOSPITAL
       ANJANAYA LAYOUT
       DAVANAGERE-577004.

2.     T.N. JAYARAJENDRA
       S/O LATE T.N. NANJASHETTY
       AGED ABOUT 44 YEARS
       R/O. M/S. SRI. SHIRADI SAI
       PROVISION STORES M.G. ROAD
       NEAR STATE BANK OF MYSORE
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                                         NC: 2025:KHC:8396-DB
                                         R.F.A. No.1338/2015




      OOSITE KVS COMPLEX
      GOWRIBIDANUR ROAD
      CHIKKABALLAPURA-562101.

                                               ...RESPONDENTS
(BY SRI. N. BYREGOWDA, ADV., FOR R1(a) & (b)
         R2 SERVED)

     THIS RFA IS FILED UNDER SEC.96 OF CPC., PRAYING TO
SET ASIDE THE JUDGMENT AND DECREE PASSED BY THE
LEARNED    SENIOR     CIVIL  JUDGE    AND     JMFC   AT
KRISHNARAJAETE IN O.S.NO.21/2012 DATED 17.07.2015 AND
REMAND BACK THE MATTER TO TRIAL COURT FOR FRESH
TRIAL BY AFFORDING THE APPELLANT TO FILE WRITTEN
STATEMENT & ETC.

     THIS   APPEAL,   COMING   ON   FOR   REPORTING
SETTLEMENT, THIS DAY, JUDGMENT WAS DELIVERED THEREIN
AS UNDER:

CORAM:    HON'BLE MRS. JUSTICE ANU SIVARAMAN
          and
          HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL

                       ORAL JUDGMENT

(PER: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL)

Sri.K.R.Lingaraju, learned counsel for the appellants and

Sri.N.Byregowda, learned counsel for respondent Nos.1(a) &

(b) submit that the parties to the appeal have settled their

dispute amicably and filed a memo to that effect.

2. Memo reads as under:

"The parties submit as follows:

NC: 2025:KHC:8396-DB

1. The present appeal is filed challenging the judgment and decree dated 17.7.2015 passed in OS No.21/2012.

2. The deceased appellant (Fatima) is the defendant no.2 before the Trial Court and this appeal is restricted to item no.2 of the suit scheduled properties. It is submitted that the contesting respondents 1(a) to (b) are the legal heirs of deceased plaintiff (T.N. Bhagya).

3. The deceased appellant (Fatima) is a purchaser of Item No.2 of suit Schedule Properties from 1st defendant and mother of the plaintiff.

4. The contesting respondents 1(a) and (b) hereby give up their claim over suit item no.2. Hence, this memo.

WHEREFORE, it is prayed that this Hon'ble Court may kindly be pleased to take this memo on record and modify the decree restricting the decree of partition only as against suit item no.1, in the interest of justice and equity."

3. Learned counsel appearing for either parties submit

that the suit for partition filed by respondent No.1 was decreed

in respect of two items of suit schedule properties and insofar

as item No.2 of the suit schedule property is concerned, the

contesting respondents No.1(a) & (b) have agreed to give up

their claim over the said property and accordingly filed a

memo.

NC: 2025:KHC:8396-DB

4. In view of the said memo, the impugned judgment

and decree of the trial Court dated 17.07.2015 passed in

O.S.No.21/2012 is modified restraining the judgment only to

the extent of item No.1 of the suit schedule properties i.e.,