Karnataka High Court
Liyakath Alikhan @ Anwar vs Azeez Khan on 4 March, 2025
Author: K.Somashekar
Bench: K.Somashekar
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RFA No. 2069 of 2017
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 4TH DAY OF MARCH, 2025
PRESENT
THE HON'BLE MR JUSTICE K.SOMASHEKAR
AND
THE HON'BLE MR JUSTICE VENKATESH NAIK T
REGULAR FIRST APPEAL NO. 2069 OF 2017 (SP)
BETWEEN:
LIYAKATH ALIKHAN @ ANWAR
SINCE DEAD BY HIS LEGAL HEIRS,
1. FAREEDA KHANUM,
W/O. LATE LIYAKATH ALI KHAN,
AGED ABOUT 73 YEARS
2. AYUBULLA KHAN
Digitally signed
by SUMATHY S/O. LATE LIYAKATH ALI KHAN,
KANNAN
Location: HIGH AGED ABOUT 57 YEARS,
COURT OF
KARNATAKA
3. IMRAN KHAN
S/O. LATE. LIYAKATH ALI KHAN,
AGED ABOUT 52 YEARS
APPELLANT NO.1 TO 3 ARE
R/O IMRAN RICE MILL, AK KAVAL,
NARUGANAHALLI POST,
GULUR HOBLI, TUMAKURU TALUK- 572101.
4. JAVERIYA KHANUM,
W/O. SAGIR AHEMED,
NATIONAL TRAVELS,
R/AT NO. 302,
ASGAR RESIDENCE,
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RFA No. 2069 of 2017
RAM MANDIR ROAD,
BASAVANAGUDI,
BENGALURU - 560004.
...APPELLANTS
(BY SRI M N MADHUSUDHAN, ADVOCATE)
AND:
1. AZEEZ KHAN,
SINCE DEAD BY L.R'S
1(a) TABASSUM AZEEZ,
W/O LATE AZEEZ KHAN
DEAD, LR'S ON RECORD.
1(b) IMRAN AZEEZ,
S/O LATE AZEEZ KHAN,
AGED ABOUT 48 YEARS.
1(c) SALMA AZEEZ,
D/O LATE AZEEZ KHAN,
AGED ABOUT 43 YEARS.
1(d) NIQAT AZEEZ,
D/O LATE AZEEZ KHAN,
AGED ABOUT 41 YEARS.
1(e) MONA AZEEZ,
D/O LATE AZEEZ KHAN,
AGED ABOUT 39 YEARS.
RESPONDENT NO.1(b) to 1(e) ARE
RESIDING AT DAK 16/19, BINNY CRESENT,
BENSON CROSS ROAD, BENSON TOWN,
BENGALURU - 560 046.
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RFA No. 2069 of 2017
2. MUJUEEBULLA KHAN,
W/O ARSHIYA KHANUM,
AGED ABOUT 67 YEARS.
3. ABDUL AHAHD,
S/O. ARSHIYA KHANUM,
AGED ABOUT 33 YEARS.
4. ABDUL FARMAN
S/O. ARSHIYA KHANUM,
AGED ABOUT 31 YEARS.
5. MIMERA KOUSER,
D/O. ARSHIYA KHANUM,
AGED ABOUT 25 YEARS
RESPONDENT NO.2 TO 5 ARE
RESIDING AT GARADESHWARI,
MYSURU TALUK,
MYSORE - 570 001.
...RESPONDENTS
(BY SMT SUNANDA SARKAR, ADV FOR
SRI RAHUL S REDDY, ADV. FOR R1
SRI V K LOKESH ADV FOR R2,
SRI SYED SUHAIL ALI AND
SRI SYED PARVEZ A I, ADV. FOR R3 TO R5 )
THIS RFA IS FILED UNDER SECTION 96 OF CPC,
AGAINST THE JUDGMENT AND DECREE DATED 31.10.2017
PASSED IN O.S.NO.142/2007 ON THE FILE OF THE II
ADDITIONAL SENIOR CIVIL JUDGE, AND MACT, TUMAKURU,
DECREEING THE SUIT FOR SPECIFIC PERFORMANCE OF
CONTRACT.
THIS APPEAL, COMING ON FOR ORDERS THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
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RFA No. 2069 of 2017
CORAM: HON'BLE MR JUSTICE K.SOMASHEKAR
and
HON'BLE MR JUSTICE VENKATESH NAIK T
ORAL JUDGMENT
(PER: HON'BLE MR JUSTICE K.SOMASHEKAR)
This appeal is directed against the judgment and decree
rendered by the II Additional Senior Civil Judge and JMFC,
Tumkuru in O.S.No.142/2007 dated 31.10.2017 decreeing the
suit for specific performance of contract.
2. Learned counsel Sri M.N.Madhusudhan for the
appellants, learned counsel Smt.Sunanda Sarkar appearing on
behalf of Sri Rahul S.Reddy for respondent No.1, Sri
D.K.Lokesh for respondent No.2 are present before the Court
physically. Learned counsel Sri Syed Suhail Ali for respondent
Nos.3 to 5 is on record.
3. Appellant Nos.1 to 4 and Respondent Nos.1(b) to 1(e),
Respondent Nos.2 to 5 are present before the Court physically.
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4. Counsel for the parties have filed memorandum of
compromise petition under Order XXIII Rule 3 read with
Section 151 of CPC. The same reads as under:
The appellants and the respondents above named
most respectfully submit as under:-
1. The deceased Azeez Khan had filed a suit in
O.S.No.142/2007 before the II Additional Senior Civil
Judge and JMFC at Tumakuru for the relief of specific
performance against the deceased Liyakath Ali Khan
and his wife Fareeda Khanum, ie. Appellant No.1.
During the pendency of the suit before the Trial Court,
the Defendant No.1 Liyakath Ali Khan expired and his
legal heirs were brought on record as Defendant
No.1(a) to 1(e). The Trial Court after considering all
the documents and evidence of both parties, decreed
the suit on 31/10/2017 by directing the defendants to
execute registered sale deed in respect of the suit
schedule property in favor of the plaintiff in terms of
ex.P2. agreement by receiving the balance sale
consideration amount of Rs.26,00,000/- and deliver
the possession of the suit schedule property to the
plaintiff within 3 months from the date of order. It is
further ordered that if the defendants failed to do so,
the plaintiff is at liberty to get the sale deed registered
in his favor in terms of the Ex.P2 agreement by getting
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delivery of the possession of the suit schedule property
by depositing the balance sale consideration amount of
Rs.26,00,000/-before the Trial Court.
2. Aggrieved by the said Judgment and Decree, the
Defendant No.2 and some of the legal heirs of the
deceased Liyakath Ali Khan who are the appellants
herein have preferred the present appeal. During the
pendency of the present appeal, the said Azeez Khan
expired and his legal heirs, i.e. his wife and children
were brought on record as Respondent No.1(a) to
1(e). Thereafter Azeez Khan's wife Tabassum Azeez,
i.e. Respondent No.1(a) also expired during the
pendency of the appeal.
3. At the intervention of well wishers and friends, the
parties have resolved the dispute amicable and
therefore, the dispute is settled on the following
terms:-
(a) That the land bearing Sy.No.256/1 totally
measuring 3 acres 26 guntas out of which northern
side 2 acres consisting of areca and coconut garden
situated at A.K.Kaval village, Gulur Hobli, Tumkur
Taluk and District, (Schedule property in the suit
O.S.No.142/2007 as well as the exhibit P2 agreement)
absolutely belongs to the legal heirs of deceased
Liyakath Ali Khan who are arrayed as Appellant No.1 to
4 and Respondent No.2 to 5 in the present appeal, and
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inturn the Appellants and Respondent No.2 to 5 are
herewith making a payment of Rs.1,20,00,000/-
(Rupees One Crore Twenty Lakhs only) to the
Respondent No.1(b) to 1(e) in the below manner.
(i) D.D bearing No.757131 12/02/2025 for an amount
of Rs.3,00,000/-drawn is Karur Vysya Bank Ltd in the
name of Respondent No.1(c).
(ii) D.D bearing No.757133 dated 12/02/2015 for an
amount of Rs.9,00,000/-drawn at This Karur Vysya
Bank Ltd in the name of Respondent No.1(c).
(iii) D.D. bearing No.757134 dated 12/02/2025 for an
amount of Rs.9,00,000/-drawn at The Karur Vysya
Bank Ltd in the name of Respondent No.1(c).
(iv) D.D. bearing No.757135 dated 12/02/2025 for an
amount of Rs.9,00,000/- drawn at The Karur Vysya
Bank Ltd in the name of Respondent No.1(c).
(v) D.D. bearing No.757130 dated 12/02/2025 for an
amount of Rs.3,00,000/-drawn at The Karur Vysya
Bank Ltd in the name of Respondent No.1(e).
(vi) D.D. bearing No.757139 dated 12/02/2025 for an
amount of Rs.9,00,000/- drawn at The Karur Vysya
Bank Ltd in the name of Respondent No.1(e).
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(vii) D.D. bearing No.757140 dated 12/02/2025 for an
amount of Rs.9,00,000/- drawn at The Karur Vysya
Bank Ltd in the name of Respondent No.1(e).
(viii) D.D. bearing No.757141 dated 12/02/2025 for
an amount of Rs.9,00,000/- drawn at The Karur Vysya
Bank Ltd in the name of Respondent No.1(e).
(ix) D.D. bearing No.757132 dated 12/02/2025 for an
amount of Rs.3,00,000/- drawn at The Karur Vysya
Bank Ltd in the name of Respondent No.1(d).
(x) DD bearing No.757136 dated 12/02/2025 for an
amount of Rs 9,00,000/- drawn at The Karur Vysya
Bank Ltd in the name of Respondent No.1(d).
(xi) DD bearing No.757137 dated 12/02/2025 for an
amount of Rs 9,00,000/- drawn at The Karur Vysya
Bank Ltd in the name of Respondent No.1(d).
(xii) DD bearing No.757138 dated 12/02/2025 for an
amount of Rs 9,00,000/- drawn at The Karur Vysya
Bank Ltd in the name of Respondent No.1(d).
(xiii) DD bearing No.000023 dated 13/02/2025 for an
amount of Rs 9,00,000/- drawn at HDFC Bank in the
name of Respondent No.1(b).
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(xiv) D.D. bearing No.000024 dated 13/02/2025 for an
amount of Rs.9,00,000/-drawn at HDFC Bank in the
name of Respondent No.1(b).
(xv) D.D. bearing No.000025 dated 13/02/2025 for an
amount of Rs.9,00,000/- drawn at HDFC Bank in the
name of Respondent No.1(b).
(xvi) D.D. bearing No.000026 dated 13/02/2025 for an
amount of Rs.9,00,000/- drawn at HDFC Bank in the
name of Respondent No.1(b).
(b) Further the deceased Azeez Khan had deposited an
amount of Rs.26,00,000/- (Rupees Twenty Six Lakhs
Only) before the Trial Court in OS No.142/2007 on
30/01/2018 by way of Demand Draft bearing
No.36755043 drawn at Union Bank. It is agreed
between the parties that the said amount of
Rs.26,00,000/- belongs to the Respondent No. 1(b) to
1(e) and they shall withdraw the said amount before
the Trial Court into their respective names equally.
(c) It is also agreed that as per the settlement arrived
between the parties, the Respondent No.1(b) to 1(e)
will not have any right, title, interest or any kind of
claim in the schedule property and the schedule
property hereinafter absolutely belongs to the
Appellants and Respondent No.2 to 5.
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(d) It is also agreed by the parties that the Sale
agreement at exhibit P2 would not have any value and
it is hereby considered as null and void. The
Respondent No.1(b) to 1(e) would not claim any
benefit out of the said agreement, and also the
amounts paid to the Respondent No.1(b) to 1(e) as
stated above is towards the compromise/settlement in
the present litigation. The appellants and Respondent
No.2 to 5 cannot claim the amounts paid as stated
above with respect to any other transaction.
(e) It is also agreed that the Respondent No.1(b) to
1(e) will not interfere with the peaceful possession and
enjoyment of the appellants and Respondent No.2 to 5
possession of the schedule property.
4 All the parties hereby agree that the Judgment and
Decree dated 31/10/2017 in OS No.142/2007 by the II
Additional Senior Civil Judge and JMFC at Tumakuru,
may be set aside and the same is not binding on the
parties.
5. All the parties have put their signatures by agreeing
the above terms without any force or coercion from
anybody.
WHEREFORE, the appellants and respondents in the
above case most humbly pray that this Hon'ble Court
may be pleased to dispose of the above appeal as per
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the terms of the compromise in the interest of justice
and equity.
SCHEDULE PROPERTY
All that piece and parcel of the lands bearing
Sy.No.256/1 total measuring 3 acres 26 guntas out of
which Northern 2 acres which consists of areca and
coconut garden situated at A.K.Kaval village, Gulur
Hobli, Tumkur Taluk, bounded on:
East by : Land of Nanjundappa,
West by : Tumkur-Kunigal road,
North by : Land of Rehmathulla Khan,
South by : Remaining land of the deceased
Liyakath Ali Khan
5. The compromise petition filed by the counsel for the
parties is taken on record. The parties to the compromise are
appraised with the terms and conditions stated therein. They
have subscribed their signatures by agreeing to the terms of
compromise without any force or coercion.
6. Counsel for the appellants has handed over demand
drafts amounting to Rs.1,20,00,000/- (Rupees one crore
twenty lakh only) drawn in favour of Respondent Nos.1(b) to
1(e) to the concerned parties as per the terms of the
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compromise and in the presence of counsel for respondent
Nos.1 and 2.
7. Keeping in view the submission made by learned
counsel for the parties and the compromise petition filed, we
proceed to pass the following:
ORDER
The appeal is disposed of.
The judgment and decree rendered by the II Additional
Senior Civil Judge and JMFC, Tumakuru in O.S.No.142/2007
dated 31.10.2017 is hereby set-aside.
Registry is directed to draw the decree in terms of the
compromise.
As per clause 3 (b) of the compromise petition, the Court
below is directed to release the amount of Rs.26,00,000/- in
favour of Respondent Nos.1(b) to 1(e), on due identification.
In pursuance of the compromise entered into between
the parties, Registry is directed to refund the Court fee to the
appellants on due identification.
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Consequent upon disposal of the appeal, pending
applications, if any, shall stand disposed of.
SD/-
(K.SOMASHEKAR)
JUDGE
SD/-
(VENKATESH NAIK T)
JUDGE
DKB
