HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALATH IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF DECEMBER, 2019 CONCILIATORS PRESENT:
THE HON’BLE MR. JUSTICE K.N. PHANEENDRA AND SRI. K. ARVIND KAMATH, MEMBER Regular First Appeal No. 2067/2018 (Lok Adalat No. 3382/2019) BETWEEN:
Sri. S.M. Basha S/o Imam Sab, Dead by Lr’s as defendant No.1, 1. Smt. Mehrangeez E Jahan, W/o Late S. M. Basha, Aged about 62 years, 2. Haroon Emam, S/o Late S. M. Basha, Aged about 35 years, 3. Mujahid Emam Sheikh Mohammed, S/o Late S. M. Basha, Aged about 30 years, 4. Rubaiya Fathima, D/o Late S. M. Basha, Aged about 32 years, All are residing:
Plot No.5, House No.4, Jyothi Enclave, Patel Nanjundappa Road, RS Palya, Maruthi Seva Nagar, Bengaluru-560043. .. Appellants (By Sri. Pruthvi Wodeyar, Advocate) AND:
Fayaz Ahamed, S/o Abdul Nabi Sab, Aged about 42 years, Occ: Agriculturist, R/at. Hosabale Road, Ulavi, Soraba Taluk, Shivamogga District 577 429. .. Respondent (By Sri. Nataraju T., Advocate) THIS REGULAR FIRST APPEAL IS FILED U/S 96 OF THE CODE OF CIVIL PROCEDURE, AGAINST THE JUDGMENT AND DECREE DATED: 10.08.2018 PASSED IN O.S. NO. 57/2013 ON THE FILE OF THE II ADDL. SENIOR CIVIL JUDGE, SHIVAMOGGA DECREEING THE SUIT FOR SPECIFIC PERFORMANCE.
THIS REGULAR FIRST APPEAL COMING ON FOR CONCILIATION BEFORE LOK ADALATH, AFTER BEING REFERRED BY THE COURT, THE FOLLOWING CONCILIATION ORDER IS PASSED.
CONCILIATION ORDER The appellant Nos.1 to 4 and 2nd respondent present before the Court. The Learned Counsel for the appellants and respondent both are present. The parties and counsel presented the Compromise Petition under Order 23 Rule 3 of CPC and parties have accepted the execution of the Joint Memo before this Authority. After going through the contents of the petition, this Authority is satisfied with the said compromise is with free consent of the parties. Therefore, there is no legal impediment to accept the petition.
2. The Compromise Petition is accepted. The appeal is consequently partly allowed and decree of the Trial Court is modified as per the terms of the compromise petition between the parties. The Trial Court is hereby directed to modify the decree according to the terms of the compromise.
3. The Court Fee refund is allowed in accordance with law and the Court fee shall be paid to the appellant No.1, Smt. Mehrangeez E Jahan as per the agreement between the parties and Compromise petition.
Sd/- JUDGE Sd/- MEMBER *mkm