Karnataka High Court
Smt. Hajira Bi vs Sri. M. Krishnamurthy Rao on 9 January, 2025
Author: K.Natarajan
Bench: K.Natarajan
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NC: 2025:KHC:694
RSA No. 345 of 2019
C/W RSA.CROB No. 21 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 9TH DAY OF JANUARY, 2025
BEFORE
THE HON'BLE MR JUSTICE K.NATARAJAN
REGULAR SECOND APPEAL NO. 345 OF 2019 (INJ-)
C/W
RSA CROSS OBJECTION NO. 21 OF 2022
IN RSA No. 345/2019:
BETWEEN:
1. SMT. HAJIRA BI
W/O LATE AJAZ PASHA @ AZEEZ PASHA
AGED ABOUT 65 YEARS.
2. SRI AKLEEM PASHA
S/O LATE AJAZ PASHA @ AZEEZ PASHA
AGED ABOUT 46 YEARS.
3. SMT. AIYESHA KOWSER
D/O LATE AJAZ PASHA @ AZEEZ PASHA
AGED ABOUT 46 YEARS.
4. SMT. HENNA KOWSAR
D/O. LATE AJAZ PASHA @ AZEEZ PASHA,
AGED ABOUT 43 YEARS,
Digitally
signed by
NANDINI MS ALL ARE RESIDING AT NO.3223
Location: THOPKHAN MOHALLA, RAMANAGARA
High Court of
Karnataka TOWN AND DISTRICT PIN CODE 571 511.
...APPELLANTS
(BY SRI G.L. VISHWANATH, SR. COUNSEL FOR
SRI V.C. KAJU & MS. MANASA B. RAO, ADVOCATES)
AND:
1. SRI M KRISHNAMURTHY RAO
S/O ANANTHAYYA
AGED ABOUT 57 YEARS
R/AT NO. 1081, 10TH MAIN
RPC LAYOUT, VIJAYANAGAR
BANGALORE - 560 040.
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RSA No. 345 of 2019
C/W RSA.CROB No. 21 of 2022
2. SRI C.P. RAJESH
S/O PUTTAMADEGOWDA
AGED ABOUT 51 YEARS
R/AT CHKKERE VILLAGE
MALURU HOBLI, CHANNAPATNA
TALUK, RAMANAGARA DISTRICT
PIN CODE 571 501.
3. SRI T. RAGHAVENDRA GOWDA
S/O M. THIMMEGOWDA
AGED ABOUT 43 YEARS
R/AT NO. 65, VANI VILAS ROAD
BANGALORE - 560 004.
4. SRI THE TIBETIAN CHILDRENS VILLAGES
HAVING ITS HEAD OFFICE AT
DHARMASALA HIMACHAL PRADESH
REPRESENTED BY ITS AUTHORIZED
REPRESENTATIVE
SRI TENZIN CHOODAK GYALPO
S/O. LHUNDUP GYALPO
HAVING ITS OFFICE AT
BANGALORE, NO.T2, CRYSTAL
VIEW APARTMENTS,
NO.62, ST. JOHNS ROAD,
BANGALORE PIN CODE 560 042.
5. SPECIAL LAND ACQUISITION OFFICER
NATIONAL HIGHWAY-275
BENGALURU-MYSURU DIVISION
KASABA HOBLI, RAMANAGARA TALUK
RAMANAGARA DISTRICT PIN CODE 571 511.
...RESPONDENTS
(BY SRI SUPREETH J, ADV., FOR R-4;
SRI B.V. PRAKASH ANGADI, ADV., FOR R-5;
V/O DTD:18.03.2021 R-1 H/S;
R-2 SD & UNREPRESENTED)
THIS RSA IS FILED U/S.100 OF CPC AGAINST THE JUDGMENT
AND DECREE DATED 17.12.2018 PASSED IN RA.NO.55/2018 ON THE
FILE OF THE III ADDL.DISTRICT AND SESSIONS JUDGE,
RAMANAGARA DISMISSING THE APPEAL AND CONFIRMING THE
JUDGMENT AND DECREE DATED 06.10.2018 PASSED IN
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RSA No. 345 of 2019
C/W RSA.CROB No. 21 of 2022
OS.NO.248/2016 ON THE FILE OF THE ADDL.SENIOR CIVIL JUDGE,
RAMANAGARA.
IN RSA.CROB NO. 21/2022:
BETWEEN:
THE TIBETAN CHILDRENS VILLAGES
HAVING ITS HEAD OFFICE AT DHARMASALA
HIMACHAL PRADESH, REPRESENTED BY
ITS AUTHORIZED REPRESENTATIVE
SRI. TENZIN CHOODAK GYALOP
S/O LHUNDUP GYALPA, HAVING ITS
OFFICE ALSO AT SESHAGIRIHALOLI
BIDADI HOBLI, RAMANAGARA TALUK
AND DISTRICT.
...CROSS OBJECTOR
(BY SRI SUPREETH S, ADVOCATE)
AND:
1. SMT HAJIRA BI
W/O LATE AJAZ PASHA @ AZEEZ PASHA,
AGED ABOUT 65 YEARS.
2. SRI AKLEEM PASHA
S/O LATE AJAZ PASHA @ AZEEZ PASHA
AGED ABOUT 45 YEARS.
3. SMT. AIYESHA KOWSER
D/O LATE AJAZ PASHA @ AZEEZ PASHA
AGED ABOUT 46 YEARS.
4. SMT. HENNA KOWSAR
D/O LATE AJAZ PASHA @ AZEEZ PASHA
AGED ABOUT 43 YEARS.
ALL RESIDING AT NO.3223, THOPKHAN
MOHALLA, RAMANAGARA TOWN AND DISTRICT.
5. SRI M. KRISHNAMURTHY RAO
S/O ANANTHAYYA,
AGED ABOUT 57 YEARS
R/AT NO. 1081, 10TH MAIN
RPC LAYOUT, VIJAYANAGAR
BANGALORE - 560 040.
-4-
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RSA No. 345 of 2019
C/W RSA.CROB No. 21 of 2022
6. SRI C.P. RAJESH
S/O. PUTTAMADEGOWDA
AGED ABOUT 51 YEARS
R/AT CHKKERE VILLAGE
MALURU HOBLI, CHANNAPATNA
TALUK, RAMANAGARA DISTRICT - 571 501.
7. SRI T RAGHAVENDRA GOWDA
S/O. M. THIMMEGOWDA
AGED ABOUT 43 YEARS
R/AT NO. 65, VANI VILAS ROAD
BANGALORE - 560 004.
8. SPECIAL LAND ACQUISITION OFFICER
NATIONAL HIGHWAY BENGALURU
MYSURU DIVISION
KASABA HOBLI RAMANAGARA TALUK
RAMANAGARA DISTRICT - 571 511.
...RESPONDENTS
(BY SRI G.L. VISHWANTAH, SR. COUNSEL FOR
SRI V.C. RAJU & MS. MANASA B RAO, ADVOCATES
FOR R-1 TO R-4; SRI SANATH KUMAR ANGADI, ADV.,
FOR R-8; V/O DTD: 27.03.2023 NOTICE TO R-5,
R-6 & R-7 ARE D/W)
THIS RSA CROB IS FILED UNDER ORDER 41 RULE 22 OF
CPC PRAYING TO REJECT THE FINDING DATED 19.10.2022
CONSEQUENTLY SUSTAIN THE JUDGMENT AND DECREE
REJECTING/DISMISSAL OF THE SUIT AND DIRECT THE COST
THROUGHOUT, IN THE INTEREST OF JUSTICE AND EQUITY.
THESE RSA AND RSA CROB COMING ON FOR ORDERS, THIS
DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE K.NATARAJAN
ORAL JUDGMENT
1. RSA No.345/2019 is filed by the appellants/plaintiffs
under Section 100 of CPC praying to set aside the judgment
and decree passed by the Trial Court in O.S.No.248/2016 which
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was upheld by the First Appellate Court in RA No.55/2018 for
having dismissed the suit of the plaintiffs for cancellation of
Sale Deed and permanent injunction. RSA CROB No.21/2022 is
filed by defendant No.4 in O.S.No.248/2016.
2. Parties are referred to as per the rank before the Trial
Court for convenience.
3. During the pendency of this appeal, the matter was
referred to Bangalore Mediation Centre, Bengaluru, for
settlement through mediation. Accordingly, report of the
Mediation Centre dated 07.11.2024 is received by this Court.
4. In RSA No.345/2019, learned Senior Counsel
Sri. G. L Vishwanath along with Sri. V. C. Raju, learned counsel
for the appellants, Sri. Supreeth S, learned counsel for
respondent No.4, Sri. B. V. Prakash Angadi, learned counsel for
respondent No.5 are present before the Court. Notice to
respondent No.1 is held sufficient. Respondent No.2 is served
and unrepresented before this Court.
5. In RSA CROB No.21/2022, Sri. Supreeth S, learned
counsel for the cross objector, Sri. G. L. Vishwanath, learned
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Senior counsel along with Sri. V. C. Raju, learned counsel for
respondent Nos.1 to 4 and Sri. Sanath Kumar Angadi, learned
counsel for respondent No.8 are present before the Court.
6. Appellant No.2 appears for himself and also as Power of
Attorney Holder for appellants 1, 3 and 4. Representative of
respondent No.4 - Jigmeg Karleg is present before the Court.
7. The brief of settlement is that a portion of the schedule
property i.e., 4 guntas is said to be acquired by National
Highway Authority/respondent No.5/defendant No.5 and
compensation is said to be awarded, shall be shared by both
the plaintiffs/appellants and respondent No.4 in the ration
75:25 respectively. Further, the proposal made by defendant
No.5 for acquisition of i.e., 483 sq.mts and the compensation
that is to be awarded shall also be shared in the same ratio of
75:25 between plaintiffs/appellants and respondent No.4. The
remaining properties other than the proposed acquisition of 483
sq. mts has to go to respondent No.4/cross objector absolutely.
Further, if any other future acquisition is made by any other
authority, the same shall go exclusively to respondent
No.4/defendant No.4/cross objector.
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8. As per the report of the mediation, terms of the
settlement reads as under:-
"TERMS OF SETTLEMENT
1. Each of the Appellants unconditionally agree
confirm and accept that all sale deeds
executed in respect of the SCHEDULE
PROPERTY and impugned in O.S. 248/2016
and permissions, statutory or otherwise,
preceding such sales are valid and any
challenge to any or all the said deeds of sale
stand withdrawn.
2. The Appellants and Respondent 4 agree,
confirm and accept that the amount deposited
hereinafter the 5th Respondent namely the
National Highway Authority of India before the
Hon'ble trial Court in O.S. 248.2016 on
account of it having acquired 4 Guntas of land
of the SCHEDULE PROPERTY (hereinafter the
DEPOSITED AMOUNT) continues to remain
in deposit and is available for
apportionment/distribution between the
Appellants and the 4th Respondent as
hereinafter set out.
3. All the Appellants individually and collectively,
for themselves and for and on behalf of all
members of their respective families shall be
entitled to claim and receive an amount
equivalent to 75% of the DEPOSITED
AMOUNT, together with accrued and/or
payable interest if any, as compensation for
the entire SCHEDULE PROPERTY having
been sold by the late Ajaz Pasha. The 4th
Respondent shall be entitled to claim and
receive the balance 25% of the DEPOSITED
AMOUNT together with accrued payable
interest if any.
4. The Appellants and the 4th Respondent agree
that the Appellants 1, 2, and 3 have executed
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a Power of Attorney in favour of Akleem Pasha
namely Appellant Number 4 and therefore he
shall be entitled to apply for, claim, receive in
his own name and acknowledge receipt of the
aforesaid 75% of the DEPOSITED AMOUNT
for himself and on behalf of all other
Appellants. The said Akleem Pasha shall be
entitle to sign /swear to affidavits, sign
/execute all application forms, claim forms,
bonds, security bonds, receipts, vouchers,
acknowledgements for himself and on behalf of
Appellants 1,2 and 3. Similarly the 4th
Respondent shall be entitled apply for, claim
and receive the balance 25% of the
DEPOSITED AMOUNT from the Hon'ble Court
in O.S. 248/2016 and comply with ell
prescribed formalities for that purposes.
5. The Appellants contend (i) that under a
Gazette Notification dated 5th June 2020
published in the Gazette of India Number 1585
dated 5.5.2020 (a copy of which is annexed to
this settlement) land to an extent of 483
square meters in Survey Number 77 Seshagiri
Halli has been notified for acquisition by the
National Highways Authority of India and (ii)
that the said Survey Number namely 77 is a
part of Survey Number 77/33 (Block 33)
namely the SCHEDULE PROPERTY that is
presently in the possession of Respondent
Number 4. Parties agree that if the land
referred to in the aforesaid Gazette Notification
namely Survey Number 77 is acquired in
future by the 5th Respondent and any
compensation becomes payable or is paid or
deposited in any forum by the 5th Respondent,
the Appellants and Respondent Number 4 shall
be entitled to claim or receive and apportion
the compensation paid or payable in the
proportion of 75% to the Appellants and 25%
to the 4th Respondent only if the Appellants are
able to legally establish that the land in Survey
Number 77 referred to in the said Gazette
Notification Number 1585 forms a part of
Survey Number 77/33.
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6. The Appellants agree, confirm and declare that
this settlement shall be in full and final
settlement of all claims of any or all of the
Appellants individually and collectively and for
and behalf of their respective family members
and undertake that none of them shall directly
or indirectly institute any further or future
legal proceedings against the 4th Respondent
or its successors in interest in any Court/
Forum relating to connected with the
SCHEDULE PROPERTY and/or the
DEPOSITED AMOUNT and all claims of each
of the Appellants against Respondent 4 shall
stand fully and finally resolved. No claims of
any nature past present or future (except the
right to receive 75% of any compensation for
acquisition of any additional extent, of the
SCHEDULE PROPERTY as specified in Clause
4 above) shall survive for enforcement in
Tuture. The Appellants further declare confirm
and state that apart from the family members
/named/ detailed in the General Power of
Attorney dated 29.11.2023 a copy of which
has been handed over to the 4th respondent,
there are no other members of the family of
the Appellants who are or will or are entitled to
claim any manner of right title or interest in
the SCHEDULE PROPERTY in future. The
Appellants hereby agree to indemnify and keep
indemnified the 4th Respondent from any
claims of any nature in future in respect of or
relating to the SCHEDULE PROPERTY and
agree to bear any liability arising therefrom.
7. The Appellants agree that in view of this
settlement they withdraw the suit filed by
them in O.S. 248/2016 and consequently
withdraw all the allegations and contentions
raised by them in the said suit and specifically
the challenge to the sale deed in favour of the
Respondent as also the reliefs claimed in the
said suit.
8. The Appellants and 4th Respondent agree that
since they have resolved the dispute between
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them, and Respondent 4 has agreed to give up
75% of the DEPOSITED AMOUNT in favour
of the Appellants, Respondents 1, 2 and 3 are
not necessary parties to this settlement more
so as the Appellants are withdrawing the suit
in O.S. 248/2016. Consequently, the presence
of Respondents 1 2 and 3 may be dispensed
with.
9. The Appellants and 4th Respondent agree
confirm and declare that consequent upon the
execution of this Mediated settlement and
acceptance thereof by this Hon'ble Court all
claims of the Appellant past present or future
(except as stated in Clause 4 of this
Settlement) shall stand fully and finally
resolved."
9. Mediation report is accepted and is treated as part and
parcel of the records. In the terms of compromise, both RSA
No.345/2019 and RSA CROB No.21/2022 stands disposed of.
Sd/-
(K.NATARAJAN)
JUDGE
DN
