IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF JANUARY 2019 BEFORE THE HON’BLE MR.JUSTICE SREENIVAS HARISH KUMAR R. F. A. No. 1709/2007 (RES) BETWEEN:
SRI. S. M. ANWAR PASHA SINCE DEAD BY HIS LRs A) SMT. SAJEEDUNISSA @ SHAMSHAD BEGUM W/O LATE ANWAR PASHA AGED ABOUT 59 YEARS B) SRI. S. A. UMRAZ PASHA @ OMRUDDIN PASHA S/O LATE ANWAR PASHA AGED ABOUT 32 YEARS C) SRI. S.A.IMTIAZ PASHA S/O LATE ANWAR PASHA AGED ABOUT 31 YEARS D) SRI. S.A.MOHAMMED ASWAN @ SHERAZ PASHA S/O LATE ANWAR PASHA AGED ABOUT 29 YEARS E) SMT. SAYEEDA ASKIYA FASHIA D/O LATE ANWAR PASHA AGED ABOUT 24 YEARS [(A) TO (E) ARE THE WIFE, SONS & DAUGHTER OF LATE S.M.ANWAR PASHA] ALL ARE R/A NO.131 & 131/1, VEERA PILLAI STREET BANGALORE – 560001 . APPELLANTS (BY SRI. Y. K. NARAYANA SHARMA & SRI. Y. V. PRAKASH, ADVS.) AND SRI. M. FAZAL AHMED ALIAS BABU AGED ABOUT 40 YEARS S/O LATE ABDUL AZIZ No.5, DISPENSARY ROAD, BANGALORE – 560001 ALSO R/AT NO 8, MAYAGONDA DEVA MUDALIAR ROAD, MOSQUE ROAD CROSS, BANGALORE - 560005 ... RESPONDENT (BY SRI. K. SOMASHEKAR REDDY, ADV.) THIS RFA IS FILED U/S.96 R/W O XLI R 1 OF CPC AGAINST THE JUDGMENT AND DECREE DT.3.3.2007 PASSED IN O.S.NO.3923/2000 ON THE FILE OF THE XV ADDL. CITY CIVIL AND SESS. JUDGE, BANGALORE (CCH- 3), DISMISSING THE SUIT FOR EJECTMENT ETC.
THIS APPEAL COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER ON COMPROMISE PETITION The parties to this appeal have filed a compromise petition under Order XXIII Rule 3 CPC. The appellant Nos.1(a) Smt. Sajeedunnisa @ Shamshad Begum and 1(e) Smt. Sayeeda Askiya Fashia are not present and they are represented by their Power of Attorney holder Sri. S.A.Imtiaz Pasha, who is present before this court. Sri. S.A.Imtiaz Pasha is also appellant No.1(c). Appellant No.1 (b) Sri. S.A. Umraz Pasha @ Omruddin Pasha and appellant No.1 (d) Sri. S.A. Mohammed Aswan @ Sheraz Pasha are also present. The respondent is also present. The Advocates for the parties are also present. The copy of power of attorney executed by appellant Nos.1 (a) and 1(e) is produced and it shows that their power of attorney holder is authorized to enter into compromise.
2. The contents of the compromise petition are read over and explained to the parties in Kannada language. They confirm that they are aware of the contents of the compromise petition and they have entered into this compromise voluntarily. They confirm their signatures found on the compromise petition. In terms of the compromise, the respondent has handed over the vacant possession of the suit property to the appellants on 31.12.2018. The appellants have repaid the amount of Rs.50,000/- to the respondent.
3. Since this compromise is lawful, it is accepted.
Draw decree accordingly. Refund 75% of the court fee to the appellants.
4 The learned counsel for the appellants submit that the respondent deposited certain sum of money periodically in the trial court and the respondent has no objection for the said sum being refunded to the appellants. The trial court shall refund the said amount to the appellants and the refund cheque shall be drawn in the name of appellant No.1 (c) Sri. S.A.Imtiaz Pasha. The refund of court fee shall also be made in favour of appellant No.1 (c) Sri. S.A.Imtiaz Pasha.
5. The appeal stands disposed of accordingly.
Np/-
Sd/- JUDGE