Karnataka High Court
The Wadi Stone Marketing Co. Pvt Ltd vs Homi Irani S/O Late Gustabji Irani on 14 July, 2025
Author: Ravi V Hosmani
Bench: Ravi V Hosmani
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RSA No. 7128 of 2009
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IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 14TH DAY OF JULY, 2025
BEFORE
THE HON'BLE MR. JUSTICE RAVI V HOSMANI
REGULAR SECOND APPEAL NO.7128 OF 2009 (DEC/INJ)
BETWEEN:
1. WADI STONE MARKETING CO. PVT. LTD.
THROUGH ITS MANAGING DIRECTOR
MR. MAHMOOD ALI,
S/O HIDAYAT ALI
AGE: 85 YEARS,
R/O WADI, TALUK CHITTAPUR
PRESENTLY RESIDING AT
HYDERABAD(AP) - 400 001
2. ASI ENTERPRISES LLP,
REPTD BY ITS MANAGING PARTNER
OFFICE AT #701, 7TH FLOOR
B BLOCK, BABUKHAN MEMORIAL
Digitally signed CENTRE 6/3/1099/1100
by RAMESH SOMAJIGUDA
MATHAPATI HYDERABAD - 500 082
Location: HIGH ...APPELLANT
COURT OF (BY SRI. D.P.AMBEKAR, ADVOCATE)
KARNATAKA
AND:
1. MR. HOMI IRANI
S/O LATE GUSTABJI IRANI,
AGED ABOUT 88 YEARS,
OCC: BUSINESS
R/O WADI, TQ. CHITTAPUR
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RSA No. 7128 of 2009
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2. MR. RUSTAMJI IRANI
S/O LATE GUSTABJI IRANI,
AGED ABOUT 82 YEARS,
OCC: BUSINESS
R/O WADI, TQ. CHITTAPUR
3. MR. NARIMAN IRANI
S/O LATE GUSTABJI IRANI,
SINCE DECEASED, BY LRS.,
a) MRS. ROSHAN NARIMAN IRANI
W/O MR. NARIMAN IRANI,
DECEASED.
b) MR. MAHRUK NARIMAN IRANI
S/O MR. NARIMAN IRANI
AGE: MAJOR.
c) MR. SAROSH NARIMAN IRANI
S/O MR. NARIMAN IRANI
AGE: MAJOR.
d) MRS. RUKHSANA NARIMAN IRANI
D/O MR. NARIMAN IRANI
AGE: MAJOR
e) MRS. ANAHITA NARIMAN IRANI
D/O MR. NARIMAN IRANI
AGE: MAJOR
f) MR ZUBIN NARIMAN IRANI
S/O MR NARIMAN IRANI
AGE: MAJOR.
ALL ARE R/AT GUSTAD MANZIL,
BUNGLOW NO.,
INDIRA NAGAR,
WADI JUNCTION,
CHITTAPUR TALUKA
KALABURAGI-585225.
AND ALL 3(B) TO (F) ARE
REPRESENTED BY GPA HOLDER.
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RSA No. 7128 of 2009
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4. MS. SAMEENA YASMEEN
D/O MAHBOOB ALI
OCC: BUSINESS
R/O WADI
TALUK CHITTAPUR
5. M/S THE BLUE STONE POLISHING COMPANY,
WADI, REPRESENTED BY ITS
MANAGING PARTNER,
WADI, DIST. KALABURAGI.
6. M/S THE STONE POLISHING COMPANY,
REPRESENTED BY ITS
MANAGING PARTNER,
WADI, DIST. KALABURAGI.
...RESPONDENTS
(BY SRI. VIKRAM VIJAYKUMAR, ADVOCATE FOR R2
(GPA HOLDER) AND R3 (B) TO R3(F)
(R3 (C) IS GPA HOLDER;
V/O DATED 14.07.2024-R3(A) IS DEAD LRS
ALREADY ON RECORD R3(B) TO R3 (F));
V/O DATED 14.07.2025-APPEAL IS
DISMISSED AS AGAINST R.1)
THIS REGULAR SECOND APPEAL IS FILED U/S. 100 OF CPC
AGAINST THE JUDGMENT AND DECREE DATED 17.02.2009
PASSED IN R.A.NO.13/2007 ON THE FILE OF THE I ADDITIONAL
DISTRICT JUDGE, GULBARGA, DISMISSING THE APPEAL AND
CONFIRMING THE JUDGMENT AND DECREE DATED 24.01.2007
PASSED IN OS.NO.155/2002 ON THE FILE OF THE CIVIL JUDGE
(SR.DN), SEDAM.
THIS APPEAL IS COMING ON FOR REPORTING SETTLEMENT,
THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE RAVI V HOSMANI
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RSA No. 7128 of 2009
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ORAL JUDGMENT
Challenging judgment and decree dated 17.02.2009
passed by I Additional District Judge, Kalaburagi, in RA
no.13/2007 confirming judgment and decree dated 24.01.2007
passed by Civil Judge (Sr.Dn.), Sedam in OS no.155/2002, this
appeal is filed by defendant no.1.
2. Sri D.P.Ambekar, learned counsel for appellant
submitted that O.S.no.66/1999 (later renumbered as
O.S.no.155/2002) was filed for relief of declaration and
permanent injunction in respect of land bearing Sy.no.191/2
(Old Sy.no.581) measuring 19 Acres 12 Guntas situated at
Vadi, Kalaburagi, wherein trial Court was pleased to decree suit
and same was confirmed by first appellate Court.
3. It was submitted, during pendency of appeal,
parties have entered into compromise and settled dispute in
terms of compromise petition filed today before this Court,
reads as under:
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"COMPROMISE PETITION U/O 23 RULE 3 OF CPC
WHEREAS:
A. The parties to this petition are the parties
involved in the appeal referenced as Case No.
Regular Second Appeal (RSA) 7128 of 2009
pending before Honourable High Court of
Karnataka, Kalaburagi Bench, which was filed by
M/s The Wadi Stone Marketing Company Private
Limited, claiming title to a land parcel measuring
(19) nineteen acres and (12) twelve guntas of
Survey No. 35, situated at Wadi Junction, Taluk
Chittapur, in the Kalaburagi District of the State
of Karnataka (hereinafter referred to as the "Suit
Schedule Property"). The aforementioned appeal
pertains to disputes concerning the name on the
revenue records, title, ownership, possession, and
other legal rights and interests in the Suit
Schedule Property. This present petition is
intended to formally address and resolve all
outstanding matters related to the said property,
as well as the respective rights and obligations of
the parties involved.
B. After careful consideration and mutual
understanding, the parties hereto have
collectively reached the decision to amicably
resolve and settle the dispute in question, with
the intent to preserve their ongoing relationship
and avoid protracted litigation. In light of this, the
parties have agreed to resolve their respective
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claims and rights in relation to the matter through
the execution of Settlement Deed dtd.05-05-
2025. This Deed, is submitted to the court for
approval and to seek the issuance of a final
decree, thereby ensuring the formal and binding
resolution of all issues between the parties
involved. This settlement reflects the parties'
commitment to an amicable and expedient
conclusion of the dispute, in the best interests of
all parties concerned.
NOW, THEREFORE, in consideration of the mutual
promises, covenants, and conditions set forth
herein, and with the intention of resolving all
outstanding disputes and claims between the
parties, the parties hereby agree to the following
Settlement Terms and Allocation of Property:
1. The parties to this petition hereby acknowledge
and confirm that the original owner of the entire
parcel of land, situated at Survey No.35 of Wadi
Junction, admeasuring nineteen (19) acres and
twelve (12) guntas, at the time of India's
Independence in 1947, was of late Shri Gustad
Irani (who was also referred to as Gustabji Irani /
Gustabji Rustomji Irani Gustadji Rustomji Irani
/G. R. Irani in various records), residing at
Gustad Manzil, Wadi Junction, Taluq Chittapur,
District Gulbarga (now Kalaburgi). The said land
also includes an additional twenty (20) guntas of
Portkrab Nala area. Subsequently, Shri Gustabji
Irani sold and transferred certain portions of this
land to aforesaid Petitioner/Appellant No.1 and
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Respondent No.5 and 6 of RSA 7128/2009, and
same is confirmed by the parties by virtue of
Settlement Deed dtd.05-05-2025.
2. The parties to this petition acknowledge and
confirm that M/s The Stone Polishing Company
(Respondent No. 6 in the RSA 7128/2009) shall
retain full ownership and possession of its non-
agricultural land, measuring three (3) acres five
(5) guntas situated in Survey No. 35 (Part), Wadi
Junction, Taluk Chittapur, Kalaburagi District,
Karnataka State. This land was lawfully acquired
by M/s The Stone Polishing Company from Late
Shri Gustabji Irani under a registered Sale Deed,
executed and registered as Document No. 892 of
1968-69 at page 68 Volume IV of Book 1 of
1968-69 registered on 2-12-1968 at the Sub-
Registrar Office, Chittapur. Further it is
acknowledged by all parties that this portion of
land contains a built industrial shed which
operated as a stone polishing factory in the past
and a few office buildings and store rooms. The
parties to this petition hereby affirm and agree
that M/s The Stone Polishing Company shall have
the exclusive and uninterrupted right to enjoy,
utilize, and possess this three (3) acres five (5)
guntas of land along with all its built-up
structures in peace, without any interference.
disturbance, or claims from any of the other
parties to this petition, or from any third party.
The Schedule of Property to this extent is
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annexed, acknowledged and part of settlement
deed and signed by all parties. This is fully
acknowledged and accepted by all parties, who
have no objection to M/s The Stone Polishing
Company's continued ownership and peaceful
possession of the property including all
structures, as outlined herein.
3. The parties to this petition acknowledge and
confirm that M/The Blue Stone Polishing Company
(Respondent No.5 in the RSA 7128/2009) shall
retain full ownership and possession of its non-
agricultural land, admeasuring two (2) acres,
located in Survey No. 35, Wadi Junction, Taluk
Chittapur, Kalaburagi District, Karnataka State.
This land was duly acquired by M/s The Blue
Stone Polishing Company under a registered Sale
Deed, executed and registered as Document No.
1451 of 1974-75 at Book 1 Volume 35 Page 137
registered on 9-4-1975 at the Sub-Registrar
Office, Chittapur. Further it is acknowledged by all
parties that this portion of land contains a built
industrial shed which operated as a Blue Stone
Polishing factory in the past and office building.
The building has approved sanction plans from
the village panchayat in the name of M/s The Blue
Stone Polishing Company. The parties to this
Deed hereby affirm and agree that The Blue
Stone Polishing Company shall have the exclusive
right to enjoy, utilize, and possess this (2) two
acres of land along with all its built-up structures
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in peace, without any interference, disturbance,
or claims from any of the other parties to this
petition or from any third party. The Schedule of
Property to this extent is annexed, acknowledged
and part of settlement deed and signed by all
parties. This is fully acknowledged and accepted
by all parties, who have no objections to The Blue
Stone Polishing Company's continued ownership
and peaceful possession of the property including
all structures as set forth herein.
4. That it is hereby acknowledged and agreed by the
parties that M/s The Wadi Stone Marketing
Company Private Limited had acquired ownership
and possession of non-agricultural land
admeasuring (10) ten acres, situated in Survey
No. 35, Wadi Junction, Taluk Chittapur,
Kalaburagi District, Karnataka State. This
acquisition was made pursuant to the Vendor's
Agreement executed on 11-04-1954, as
documented on Stamp Paper Number 276608 and
another Vendor Agreement No. 5/1957 dated 25-
06-1957 registered in Book IV, Volume 1 of 1354
Fasli Registered at the Office of the Sub Registrar,
Chittapur on 31-08-1957, which also serves as
the Conveyance Deed. All parties hereto have
verified the documents, and hereby confirm and
affirm their mutual agreement to the validity of
this transaction and the rights established under
the aforementioned Vendor's Agreement and
Conveyance Deed.
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5. That the parties to this petition further
acknowledged that M/s The Wadi Stone Marketing
Company Private Limited had agreed to sell a
portion of the aforementioned non-agricultural
land to an extent of (9) nine acres out of the total
(10) ten acres of land owned by M/s The Wadi
Stone Marketing Company Private Limited located
in Survey No. 35 (Part), Wadi Junction, Taluk
Chittapur, Kalaburagi District, Karnataka State, to
M/s ASI Enterprises LLP (Appellant No. 2 in the
RSA 7128/2009). In this regard, both M/s The
Wadi Stone Marketing Company Private Limited
and M/s ASI Enterprises LLP have executed a
formal Agreement of Sale dated 20-07-2021,
through which M/s The Wadi Stone Marketing
Company Private Limited has transferred all its
rights and interest in the specified (9) nine acres
of land to M/s ASI Enterprises LLP. Furthermore,
M/s ASI Enterprises LLP had agreed to take full
responsibility for the management and.
administration of all affairs pertaining to this
portion of the land.
6. The parties further agree that, to resolve the
ongoing dispute, M/s ASI Enterprises LLP shall
transfer a total of one (1) acre out of its nine (9)
acres, located in Survey No. 35 (part), Wadi
Junction, Taluk Chittapur, Kalaburagi District,
Karnataka State, to Mr. Rustom Irani S/o Late
Gustabji Irani (Respondent No. 2). This transfer is
understood to include the share of Mr. Homi Irani
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(Respondent No. 1 in RSA 7128/2009), whose
whereabouts are currently unknown to the
parties. The parties hereby agree and confirm
that Mr. Rustom Irani shall have the exclusive
right to enjoy, use, and possess its respective
portion of land peacefully, free from disturbance,
interference, or claims by any other parties or
third parties. The Schedule of Property to this
extent is annexed, acknowledged and part of this
settlement deed and signed by all parties. All
parties to settlement Deed confirm and consent to
the terms and conditions of this transaction and
express no objections to the proposed allocation
and settlement as outlined herein.
7. The parties further agree that, to resolve the
ongoing dispute, M/s ASI Enterprises LLP shall
transfer a total of two (2) acres and thirty-eight
(38) guntas, out of its nine (9) acres, located in
Survey No. 35 (Part), Wadi Junction, Taluk
Chittapur, Kalaburagi District, Karnataka State, to
Mr. Sarosh Irani (GPA Holder for legal heirs of
Late. Mr. Nariman Irani S/o Late Gustabji Irani
Respondent No. 3. This transfer is understood to
include the share of Mr. Homi Irani (Respondent
No. 1 in RSA 7128/2009), whose whereabouts
are currently unknown to the parties. The parties
hereby agree and confirm that Mr. Sarosh Irani
shall have the exclusive right to enjoy, use, and
possess its respective portion of land peacefully,
free from disturbance, interference, or claims by
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any other parties or third parties. The Schedule of
Property to this extent is annexed, acknowledged
and part of the settlement deed and signed by all
parties. All parties to the Settlement Deed
confirm and consent to the terms and conditions
of this transaction and express no objections to
the proposed allocation and settlement as
outlined herein.
8. The parties further agree that M/s ASI Enterprises
LLP shall also transfer one (1) acre and four (4)
Guntas, separately to M/s The Wadi Stone
Marketing Company so that sufficient land be left
over for creation of WSM Gustad Irani Ahmed
Sayeed Colony. The parties further agree that
remaining three (3) acres and thirty-eight (38)
guntas of land, located in Survey No. 35 (Part) of
Wadi, Taluk Chittapur, Kalaburagi District,
Karnataka State, shall remain the exclusive
property of M/s ASI Enterprises LLP. The parties
hereby agree and confirm that the respective
parties shall have the exclusive right to enjoy,
use, and possess its respective portion of land
peacefully, free from disturbance, interference, or
claims by any other parties or third parties. The
Schedule of Property to this extent is annexed,
acknowledged and part of settlement deed and
signed by all parties. All parties to the settlement
Deed confirm and consent to the terms and
conditions of this transaction and express no
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objections to the proposed allocation and
settlement as outlined herein.
9. The parties to this petition further acknowledge
and agree that M/s The Wadi Stone Marketing
Company Private Limited (Petitioner/Appellant
No. 1 in the RSA 7128/2009) shall have total
ownership and possession of the two (2) acre and
(Part), Wadi Junction, Taluk Chittapur, Kalaburagi
District, Karnataka State which includes the one
(1) acre and four (4) guntas given by ASI as
mentioned above. This retained total parcel of
land admeasuring two (2) acres and four (4)
guntas shall be divided into two (2) distinct parts,
as it has already contains existing structures,
including residential quarters. WSM agreed to
rename these two areas with residential quarters
as "WSM Gustad Irani Ahmed Sayeed Colony
(abbreviated as "WSM GI-AS Colony") and "WSM-
Gustad Irani Mahboob Ali Colony" (abbreviated as
"WSM GI-MA Colony") respectively. The parties
confirm that WSM shall have the right to
peacefully enjoy and possess this two (2) acre
and four (4) guntas of land along with buildings
located in Survey No. 35 (Part), Wadi Junction,
Taluk Chittapur, Kalaburagi District, Karnataka
State, free from any interference, disturbance, or
claim by the other parties to this Deed, or any
third party, for any reason whatsoever. All parties
further affirm and agree to this arrangement, and
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confirm that The Wadi Stone Marketing Company
Private Limited shall retain full and uninterrupted
possession of the two (2) acre and four (4)
guntas, along with all associated rights and
privileges. The parties hereby agree and confirm
that the WSM shall have the exclusive right to
enjoy. use, and possess its respective portion of
land peacefully, free from disturbance,
interference, or claims by any other parties or
third parties. The Schedule of Property to this
extent is annexed, acknowledged and part of
settlement deed and signed by all parties. All
parties to Settlement Deed confirm and consent
to the terms and conditions of this transaction
and express no objections to the proposed
allocation and settlement as outlined herein.
10. The parties to this petition acknowledge
and confirm that the balance agricultural land to
the extent of three (3) acres and twenty-seven
(27) guntas, located in Survey No. 35, Wadi
Junction, Taluk Chittapur, Kalaburagi District,
Karnataka State, was gifted by the Late Shri
Gustabji Irani to his wife, Late Smt. Bikkubai
Irani, under Will Deed Document No. 2 of 1982-
83 of Book 3 containing 5 sheets dated 29-04-
1982, which was registered with the Sub-
Registrar, Chittapur. The parties further confirm
that this portion of land of shall be owned and
possessed by Mr. Sarosh Irani, GPA Holder for
legal heirs of late Mr. Nariman Irani S/o Late
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Gustabji Irani to the extent of three (3) acres and
twenty-seven (27) guntas. This transfer shall also
includes the share of Mr. Homi Irani (Respondent
No. 1 in RSA 7128/2009), whose current
whereabouts are unknown to the parties. The
parties to this Deed also hereby affirm and agree
that Mr. Sarosh Irani GPA Holder for legal heirs of
the Respondent No 3 (late Mr. Nariman Irani)
shall have the exclusive right to enjoy, utilize,
and possess his respective shares of the portion
of land to the extent of three (3) acres twenty
seven (27) guntas, in peace and without any
interference, disturbance, or claims from any
other parties to this Deed or from any third party.
The Schedule of Property to this extent is
annexed, acknowledged and part of settlement
deed and signed by all parties. This is fully
acknowledged and accepted by all parties, who
have no objections to the continued ownership
and peaceful possession of this said portion of the
property by the said persons.
11. That Mrs. Sameena Yasmeen (Respondent
No.4) hereby undertakes and affirms that she
shall not have any claim or entitlement to a share
of the land allotted under Settlement Deed. She
voluntarily and unconditionally relinquishes any
and all rights, interests, or claims she may have
had under this RSA. No.7128 of 2009 and agrees
not to assert any further claims, either now or in
the future, regarding the property described in
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the case schedule. Mrs. Sameena Yasmeen
acknowledges and affirms her full consent to the
terms of this Settlement Deed, executed by her of
her own free will, without any coercion or undue
influence. All parties involved in the Settlement
Deed further affirm and mutually agree to the
terms set forth herein, and specifically confirm
that Mrs. Sameena Yasmeen shall have no share,
claim, or interest in the land referred to in the
case schedule property.
12. That as the whereabouts of Homi Irani
(Respondent No. 1) are currently unknown. His
brother Mr. Rustom Irani, represented by Mrs.
Qiana Irani (Respondent No. 2) and his nephew,
Mr. Sarosh Irani GPA holder for the legal heirs of
the Late Nariman Irani (Respondent No. 3) shall
be held responsible for representing and
managing Homi Irani's share in the matter.
Furthermore, Respondent No. 2 & 3 shall be
jointly responsible for settling any and all claims
or interests that Homi Irani or his family, his legal
representatives, executors, administrators,
assigns etc. may have or have had in relation to
Settlement Deed. All parties involved in this
Settlement Deed hereby affirm, acknowledge,
and mutually agree to the terms and conditions
set forth herein.
13. All parties to this petition acknowledge and
confirm that the current Survey No. 35, located at
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Wadi Village & Junction, Taluk Chittapur,
Kalaburagi District, Karnataka State, was
formerly recorded as Survey No. 581 of Ravoor
Village, Taluq Chittapur, District Gulbarga,
Karnataka. The change in the survey number and
the subsequent splitting of villages and taluks
was carried out by the government. As a result,
all previous conveyance deeds that reference the
property under Survey No. 581 are now
applicable to the land currently identified as
Survey No. 35 of Wadi. The parties hereby
recognize that, notwithstanding the change in the
survey number, the property remains the same,
and all prior conveyance deeds and associated
documents referring to Survey No. 581 are
considered valid and binding for the present
Survey No. 35. This acknowledgment ensures
clarity with respect to the continuity of ownership,
rights, and legal interests in the land, irrespective
of the survey number modification.
14. This petition along with Settlement Deed
dtd.05-05-2025. shall serve as the final and
conclusive settlement of all claims, disputes,
rights, and interests among the Parties with
respect to the Suit Schedule Property. It
represents the complete and definitive resolution
of any and all outstanding matters, including but
not limited to ownership, possession, title, and
any other legal or equitable claims arising in
relation to the Suit Schedule Property. By
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executing the Settlement Deed, the Parties
(including their heirs, legal representatives,
executors, administrators, assigns, etc.) confirm
that they have fully resolved their respective
claims, and each Party acknowledges and agrees
to the terms and conditions set forth herein as
the final, binding resolution of the dispute.
15. The Parties further confirm that, upon the
execution and implementation of the Settlement
Deed and this compromise petition, no further
claims, actions, or legal proceedings shall be
pursued in connection with the Suit Schedule
Property. The Settlement Deed dtd.05-05-20225
shall serve as the full and final settlement of all
claims, rights, and interests pertaining to the
property, and no Party shall assert or pursue any
additional claims, demands, or causes of action in
relation to the Suit Schedule Property thereafter.
The Parties expressly agree that this compromise
entered into in terms of the settlement deed is
intended to conclusively resolve all past and
present disputes, and that the allocation of the
property, as set forth in Final Settlement Deed
dtd.05-05-2025, shall be binding and final on all
the parties.
16. The Settlement Deed dtd.05-05-2025 has
been executed voluntarily, without any form of
coercion, and with the mutual intent of bringing
an end to all disputes concerning the Suit
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Schedule Property. Consequently, the Parties
acknowledge that, following the implementation
of the property allocation under this Deed, no
further legal recourse or claims shall be
entertained or pursued by any of the Parties in
relation to the Suit Schedule Property.
17. The Parties hereby agree and undertake
that they shall, of their own accord and in good
faith, jointly approach and request the
Honourable High Court of Karnataka, Kalaburagi
Bench, to record the terms of the settlement in
the ongoing appeal i.e., RSA 7128 of 2009. The
Parties further agree that upon the Honourable
Court's approval of this Deed and the subsequent
issuance of a decree incorporating the settlement
terms outlined, herein, such decree shall be
legally binding, final, and conclusive upon all
Parties involved.
18. The Parties acknowledge that, once the
decree is passed by the Hon'ble Court, it shall
serve as the definitive resolution of all claims,
disputes, and issues relating to the Suit Schedule
Property, and that no further claims, actions, or
demands shall be made by any of the Parties or
their respective successors in relation to the Suit
Schedule Property thereafter. The Parties
explicitly confirm that the decree, as issued by
this Hon'ble Court based on the terms of the
Settlement Deed, shall be enforceable against all
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Parties, their heirs, legal representatives, assigns,
and successors, and shall have full legal force.
19. Each Party hereby irrevocably releases,
discharges, and waives any and all claims, rights,
or entitlements that they may have, or may have
had, against the other Parties in relation to the
Suit Schedule Property, except for those rights
expressly granted or preserved under the terms
of this Deed. This release applies to all past,
present, and future claims, whether legal,
equitable, or otherwise, relating to the ownership,
possession, or any other interest in the Suit
Schedule Property, and extends to any actions,
demands, or proceedings that could arise out of
or in connection with the subject matter of RSA
No.7128 of 2009. Furthermore, the Parties agree
and undertake not to initiate, continue, or pursue
any legal proceedings, claims, or actions. against
each other regarding the Suit Schedule Property,
unless expressly allowed or required by the final
settlement decree issued by this Hon'ble High
Court of Karnataka, Kalaburagi Bench in RSA
7128 of 2009.
20. Each Party hereby represents and warrants
that it has the full authority and legal capacity to
execute and deliver the Settlement Deed. The
Parties affirm that they are legally entitled to
enter into this Compromise in terms of the
Settlement Deed.
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21. Each Party agrees to execute any further
documents, deeds, or instruments that may be
required to effectuate a smooth and efficient
transfer of ownership by mutation of revenue
records or possession, and to cooperate fully with
the other Parties in ensuring that all legal
requirements are met.
22. Each Party agrees to bear its own costs,
expenses, and legal fees associated with the
preparation, execution, and implementation of
Settlement Deed, including any professional fees
or other charges incurred in connection with the
drafting, acknowledge that they are individually
responsible for their own negotiation, and
formalization of this agreement. The Parties costs
arising from the execution of this Deed.
Furthermore, any additional stamp duty, or
mutation charges required for the change in
revenue records, as well as any other applicable
fees or taxes related to the transfer, allocation, or
documentation of the Suit Schedule Property,
shall be borne by the respective Parties in
accordance with their respective final settled land
holding as outlined in the Deed. Each Party
agrees to promptly pay such fees and charges as
may be applicable to their portion of the Suit
Schedule Property, ensuring that all necessary
formalities and legal requirements are completed
in a timely manner. In the event that one Party
pays any such costs on behalf of another, the
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paying Party shall be entitled to recover such
costs from the other Party.
23. The Settlement Deed dtd.05-05-2025 shall
be binding upon the Parties and their respective
heirs, successors, assigns, and legal
representatives. The Parties acknowledge that the
obligations, rights, and responsibilities set forth in
this Deed shall not only apply to the Parties
executing the Settlement Deed but shall also
extend to their heirs, successors, administrators,
executors, assigns, and legal representatives,
who shall be bound by and responsible for
fulfilling the terms of the Settlement Deed. Any
reference to the Parties in the Settlement Deed
shall unless the context or meaning be otherwise
repugnant, mean and include its shareholders,
legal representatives, executors, administrators,
assigns, as applicable, ensuring that the
provisions of the Settlement Deed remain
enforceable and applicable even in the event of a
transfer of interest, death, or change in legal
status of any Party.
24. The Settlement Deed constitutes the entire
and complete agreement among the Parties with
respect to the Suit Schedule Property and
supersedes all prior negotiations, discussions,
understandings, or agreements, whether written
or oral, between the Parties related to the subject
matter of this Deed. The Parties acknowledge that
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this Deed fully and exclusively sets forth the
terms of the settlement and the allocation of
interests in the Suit Schedule Property, and that
no other representations, promises, or
agreements, either express or implied, are part of
this settlement. No modification, amendment, or
alteration of any provision of this Deed shall be
permissible.
25. If any provision of the Settlement Deed is
found to be invalid, illegal, or unenforceable by a
court of competent jurisdiction, the remaining
provisions of this Deed shall remain in full force
and effect. The Parties agree that the invalidity or
unenforceability of any specific provision shall not
affect the validity or enforceability of the
remaining provisions, and that the Deed shall be
construed as if such invalid or unenforceable
provision had never been included. In such case,
the Parties shall make reasonable efforts to
amend or replace the invalid provision with a
valid and enforceable provision that reflects the
original intent of the Parties as closely as
possible.
26. The Settlement Deed shall be governed by and
construed in accordance with the laws of India.
Any dispute, controversy, or claim arising out of
or in connection with this Deed, including its
formation, validity, interpretation, or
performance, shall be subject to the exclusive
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jurisdiction of the courts located in Karnataka,
India.
In witness whereof, the Parties hereto have executed
the Final Settlement Deed dtd.05-05-2025, intending to
be legally bound by its terms and conditions.
SCHEDULE OF TOTAL PROPERTY
All that piece and parcel of land bearing Survey
No. 35 (formerly Sy. No. 581 of Ravoor Village),
measuring nineteen acres and twelve guntas (19-12),
situated at Wadi Village, Chittapur Taluka, Kalaburagi
District, Karnataka, including an additional area of
twenty (20) guntas of Potkrab Nala, as delineated and
divided as per this settlement deed in the enclosed
Survey Sketch No. I. The land is further defined by
the following boundaries:
of Ravoor
South: Sy. No. 36 & 37 and Indra Nagar Village,
Wadi
East: Potkrab Nala & Neighbours Land
West: Sy. No. 34 of Wadi
It is hereby agreed by all parties that the
aforementioned original scheduled land shall be
divided in accordance with the terms of
settlement deed, detailed out in the Schedule of
Property enclosed, and the land shall be further
described and allocated as follows:
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Name of Party in RSA Total Settled Survey
Party 7128/2009 land as per Sketch Map
this (Enclosed)
agreement
(Acres -
Guntas)
M/s Stone Respondent 3-05 II
Polishing No. 5 (Three Acres
Company Five Guntas)
M/s Blue Respondent 2-00 III
Stone No. 6 (Two Acres)
Polishing
Company
Mr.Rustom Respondent 1-00 IV
Irani S/o Late No. 2 (One Acre)
Gustabji Irani
Mr. Sarosh Respondent 6-25 V, VI, VII
Irani S/o Late No. 3 (Six Acres
Nariman Irani Twenty Five
(including Guntas)
share of Mr. in three parts
Homi Irani
(R1)-refer
clause 11)
The Wadi Appellant 2-04 VIII, IX
Stone No.1 / (Two Acres
Marketing Petitioner Four Guntas)
Company No. 1 in two parts
Private
Limited
M/s ASI Appellant 3-38 X, XI
Enterprises No. 2 / (Three Acres
LLP Petitioner Thirty-Eight
No. 2 Guntas)
in two parts
Port Kharab 0-20
(Nala) (Twenty Guntas)
TOTAL Survey 19-12 I
No. 35 of Wadi, (Nineteen
Taluka Chittapur, Acres-Twelve
District Guntas)
Kalaburgi,
Karnataka State
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SCHEDULE OF PROPERTY
for M/s The Stone Polishing Company
(Respondent No. 5)
Volume IV of Book 1 of 1968-69 presented on
registered on 2-12-1968 at the Sub-Registrar Office,
Chittapur
All that part and portion of land measuring three (3)
acres and five (5) guntas, out of the total nineteen
acres and twelve guntas (19-12) in Survey No. 35,
situated at Wadi Village, Chittapur Taluka, Kalaburagi
District, Karnataka, together with the industrial shed
and buildings erected thereon, belonging to M/s Stone
Polishing Company as further surveyed and defined by
the following boundaries:
North: Sy No. 33 of Wadi
South: Sy. No. 35 (Land of M/s Blue Stone
Polishing Company and WSM GI-MA Colony)
East: Sy. No. 35 (Land of WSM GI-AS Colony, M/s
ASI and Mr.Sarosh Irani)
West: Sy. No. 35 (Land of Mr. Sarosh Irani and
M/s Blue Stone Polishing Company)
Herein more fully illustrated in the Survey Sketch No. II
annexed hereto
SCHEDULE OF PROPERTY
for M/s The Blue Stone Polishing Company
(Respondent No. 6)
Sale Deed, Document No. 1451 of 1974-75 at Book 1
Volume 35 Page 137 registered on 9-4-1975 at the Sub-
Registrar Office, Chittapur
All that part and portion of land measuring two (2)
acres, out of the total nineteen acres and twelve guntas
(19-12) in Survey No. 35. situated at Wadi Village,
Chittapur Taluka, Kalaburagi District, Karnataka,
together with the industrial shed and buildings erected
thereon, belonging to M/s The Blue Stone Polishing
Company as further surveyed and marked on the
enclosed sketch map, and defined by the following
boundaries:
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North: Sy. No. 35 (Land of Sarosh Irani)
South: Sy No. 36, Indra Nagar Village, Wadi and
Sy. No. 35 (WSM GI-MA Colony)
East: Sy. No. 35 (Land of M/s Stone Polishing
Company and WSM GI-MA Colony)
West: Sy No. 34, Wadi
Herein more fully illustrated in the Survey Sketch No. III
annexed hereto
SCHEDULE OF PROPERTY
for Mr. Rustom Irani S/o Late Gustad Irani
(Respondent No. 2)
containing 5 sheets dated 29-04-1982
All that part and portion of land measuring one (1) Acre
out of the total nineteen acres and twelve guntas (19-
12) of Survey No. 35, situated at Wadi Village, Chittapur
Taluka, Kalaburagi District, Karnataka, belonging to Mr.
Rustom Irani S/o Late Gustabji Irani, as further
surveyed and defined by the following boundaries:
North: Sy. No. 35 (Land of Sarosh Irani) and
neighbor's Land
South: Sy No. 37 of Wadi
East: Neighbors' Land
West: Neighbors' Land
Herein more fully illustrated in the Survey Sketch No. IV
annexed hereto
SCHEDULE OF PROPERTY
for Mr. Sarosh Irani GPA Holder of Late Nariman
Irani (Respondent No. 3)
As per this Settlement Deed and Will Deed Document
No. 2 of 1982-83 of Book 3 containing 5 sheets dated
29-04-1982
All that part and portion of total land measuring six (6)
acres and twenty-five (25) guntas out of the total
nineteen acres and twelve guntas (19-12) in Survey No.
35, situated at Wadi Village, Chittapur, Taluka,
Kalaburagi District, Karnataka, belonging to Mr. Sarosh
Irani S/o Late Nariman Irani. The said land received by
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Mr. Sarosh Irani is divided into three distinct parts as
described below, and as further surveyed and defined
by its boundaries:
Part A: (1 Acre 12 Guntas out of 6 Acres 25 Guntas)
All that part and portion of land measuring one (1) Acre
and twelve (12) guntas of Survey No. 35 (part),
situated at Wadi Village, Chittapur Taluka, Kalaburagi
District, Karnataka, as further surveyed and bounded as
follows:
North: Sy No. 558 of Ravoor
South: Sy. No. 35 (Land of M/s ASI)
East: Port Karab Nala
West: Sy No. 33 of Wadi
Herein more fully illustrated in the Survey Sketch No. V
annexed hereto
Part B: (2 Acre 23 Guntas out of 6 Acres 25 Guntas)
All that part and portion of land measuring two (2)
Acres and twenty three (23) guntas of Survey No. 35
(part), situated at Wadi Village, Chittapur Taluka,
Kalaburagi District, Karnataka, as further surveyed and
bounded as follows:
North: Sy. No. 35 (Land of M/s ASI)
South: Sy. No. 35 (Land of Rustum Irani)
East: Port Karab Nala and Neighbor's Land
West: Sy. No. 35 (Land of M/s Stone Polishing
and WSM GI-MA Colony) and Sy No. 36 of Indira
Nagar village, Wadi
Herein more fully illustrated in the Survey Sketch No. VI
annexed hereto
Part C: (2 Acre 30 Guntas out of 6 Acres 25 Guntas)
All that part and portion of land measuring two (2)
Acres and thirty (30) guntas of Survey No. 35 (part),
situated at Wadi Village, Chittapur Taluka, Kalaburagi
District, Karnataka, as further surveyed and bounded as
follows:
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North: Sy No. 33 of Wadi
South: Sy. No. 35 (Land of M/s Blue Stone
Polishing Company)
East: Sy. No. 35 (Land of M/s Stone Polishing
Company)
West: Sy No. 34 of Wadi
Herein more fully illustrated in the Survey Sketch No.
VII annexed hereto
SCHEDULE OF PROPERTY
for M/s The Wadi Stone Marketing Company
Private Limited (Appellant No. 1)
As per this Settlement Deed and Vendor Agreement No.
5/1957 dt. 25-06-1957 registered in Book IV, Volume 1
of 1354 Fasli on 31-08-1957 at Sub Registrar, Chittapur
All that part and portion of total land measuring two (2)
acres and four (4) guntas under this settlement deed
out of the total nineteen acres. and twelve guntas (19-
12) in Survey No. 35, situated at Wadi Village, Chittapur
Taluka, Kalaburagi District, Karnataka, belonging to M/s
The Wadi Stone Marketing Company Private Limited.
The said land received by The Wadi Stone Marketing
Company Pvt. Ltd. is divided into two distinct parts as
described below, and as further surveyed and marked
on the enclosed sketch map. and defined by its
boundaries:
Part A: (1 Acre 16 Guntas out of 2 Acre 04 Guntas)
All that part and portion of non-agricultural land
measuring one (1) acre sixteen (16) guntas of Survey
No. 35 (part), situated at Wadi Village, Chittapur
Taluka, Kalaburagi District, Karnataka, as further
surveyed and marked as "WSM Gustad Irani - Ahmed
Sayeed Colony" on the enclosed sketch map, and
defined by the following boundaries:
North: Land of M/s ASI Enterprises LLP
South: Land of M/s ASI Enterprises LLP
East: Port Karab (Nala)
West: Land of M/s Stone Polishing Company
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Herein more fully illustrated in the Survey Sketch No.
VIII annexed hereto
Part-B: (28 Guntas out of 2 Acre 04 Guntas)
All that part and portion of non-agricultural land
measuring twenty-eight (28) guntas of Survey No. 35
(part), situated at Wadi Village, Chittapur Taluka,
Kalaburagi District, Karnataka as further surveyed and
marked as "WSM Gustad Irani Mahboob Ali Colony on
the enclosed sketch map, and defined by the following
boundaries:
North: Sy. No. 35 (Land of M/s Stone Polishing
Company)
South: Sy No. 36 of Indira Nagar Village
East: Sy. No. 35 (Land of Mr. Sarosh Irani)
West: Sy. No. 35 (Land of M/s Blue Stone
Polishing Company)
Herein more fully illustrated in the Survey Sketch No. IX
annexed hereto
SCHEDULE OF PROPERTY
for M/s ASI Enterprises LLP (Appellant No. II)
As per this Settlement Deed and agreement to sale
dated 20-07-2021
All that part and portion of non-agricultural land
measuring three (3) acres and thirty-eight (38) guntas,
out of the total nineteen acres and twelve guntas (19-
12) in Survey No. 35, situated at Wadi Village, Chittapur
Taluka, Kalaburagi District, Karnataka, belonging to M/s
ASI Enterprises LLP. The said land received by of M/s.
ASI Enterprises LLP is divided into two distinct parts as
described below, and as further surveyed and marked
on the enclosed sketch map. and defined by its
boundaries:
Part A: (1 Acres 12 Guntas out of 3 Acre 38 Guntas)
All that part and portion of non-agricultural land
measuring one (1) acre twelve (12) guntas of Survey
No. 35 (part), situated at Wadi Village, Chittapur
Taluka, Kalaburagi District, Karnataka, as further
surveyed and bounded as follows:
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North: Sy. No. 35 (part) Land of Sarosh Irani
South: Sy. No. 35 (part) Land of WSM Gustad
Irani- Ahmed Sayeed Colony
East: Sy. No. 35 (part) Port Karab
West: Sy. No. 33 of Wadi
Herein more fully illustrated in the Survey Sketch No. X
annexed hereto
Part B: (2 Acres 26 Guntas out of 3 Acre 38 Guntas)
All that part and portion of non-agricultural land
measuring two (2) Acre and twenty-six (26) guntas of
Survey No. 35 (part), situated at Wadi Village, Chittapur
Taluka, Kalaburagi District, Karnataka, as further
surveyed and bounded as follows:
North: Sy. No. 35 (part) Land of WSM Gustad
Irani- Ahmed Sayeed Colony
South: Sy. No. 35 (part) Land of Sarosh Irani
East: Sy. No. 35 (part) Port Karab
West: Sy. No. 35 (part) Land of M/s Stone
polishing company
Herein more fully illustrated in the Survey Sketch No. XI
annexed hereto"
4. Parties are present and are identified by their
respective counsel.
5. On interaction, they stated that they have been
explained terms of compromise and after understanding same,
they have affirmed same out of their free will and volition
without there being any threat, coercion or undue influence
from anybody.
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6. I have perused terms of settlement. Same are
found to be lawful.
7. Compromise petition is taken on record.
Consequently, following:
ORDER
(i) Appeal is allowed to extent and in terms of
compromise petition;
(ii) Judgment and decree dated 17.02.2009
passed by I Additional District Judge,
Kalaburagi in RA no.13/2007 and judgment
and decree dated 24.01.2007 passed by Civil
Judge (Sr.Dn.), Sedam in OS no.155/2002 are
set-aside; and
(iii) Registry to draw decree incorporating terms
of compromise and incorporate appended
sketch also as part of decree.
8. In view of disposal of appeal, pending applications
are dismissed as unnecessary.
Sd/-
(RAVI V HOSMANI)
JUDGE
AV
