IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF APRIL 2017 BEFORE THE HON’BLE MR. JUSTICE L. NARAYANA SWAMY REGULAR FIRST APPEAL NO.680 OF 2011 BETWEEN:
SRI T UDAYA KUMAR REDDY AGED ABOUT 40 YEARS, S/O T. OBI REDDY, R/AT NO.361/1, 14TH MAIN ROAD, 16TH CROSS, J.P NAGAR 5TH PHASE, BANGALORE – 560 078 ... APPELLANT (BY SRI.G R LAKSHMIPATHY REDDY, ADV.) AND:
1. MR.ABDUL GHANI S/O LATE K.AKBAR SAHED AGED ABOUT 81 YEARS, R/AT NO.1005, POPULAR COLONY, MADEENA NAGAR, BEHIND B P BOMMANAHALLI, BANGALORE – 560 067 MRS.MAHABOOB BEE, W/O LATE ABDUL GHANI, SINCE DEAD BY HER LRS 2. MRS. SAIRA BANU AGED ABOUT 54 YEARS, W/O ASLAM PASHA, MPL GARDEN, LAKSHMINAGAR, CHITOOR ANDHRA PRADESH PIN – 515 591 3. MR. K. ARIFULLA AGED ABOUT 51 YEARS, S/O LATE K. ABDUL GHANI, R/AT PLOT NO.8, VICTORY BRICK INDUSTRIED, K,K PALI, KADIRI RURAL ANDRA PRADESH, PIN- 515 591 4. MR K.AQUIB AGED ABOUT 49 YEARS, S/O LATE K.ABDUL GHANI, R/AT PLOT NO.8, VICTORY BRICK INDUSTRIED, K,K PALI, KADIRI RURAL ANDRA PRADESH PIN- 515 591 5. MR K.AMIR AGED ABOUT 44 YEARS, S/O LATE K. ABDUL GHANI, R/AT PLOT NO.8, VICTORY BRICK INDUSTRIED, K,K PALI, KADIRI RURAL ANDRA PRADESH PIN- 515 591 6. MRS.YASMIN TAJ @ YASMEEN SHOUEB AGED ABOUT 44 YEARS, W/O LATE K. MOHAMMED SHOUEB NO.4/S, GROUND FLOOR, 2ND MAIN 1ST ROSS, WILSON GARDEN, BANGALORE – 560 027 7. MISS.NIKHATH FATIMA AGED ABOUT 28 YEARS, D/O LATE K. MOHAMMED SHOUEB, R/AT 5/4, 1ST CROSS, 2ND MAIN, WILSON GARDEN, BANGALORE - 27 8. MR. FAISAL HAQ AGED ABOUT 27 YEARS, S/O LATE K. MOHAMMED SHOUEB R/AT 5/4, 1ST CROSS, 2ND MAIN, WILSON GARDEN, BANGALORE – 27 ... RESPONDENTS (BY SRI.MEHTER M AZZAM, ADV. FOR R1 TO R5; SRI.S.N.ASHWATHNARAYANA, ADV. FOR R6 TO R8) THIS RFA IS FILED U/SEC.96 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED:16.12.2010 PASSED IN O.S.15879/2003 ON THE FILE OF THE XXVIII-ADDL. CITY CIVIL JUDGE, MAYO HALL, BANGALORE, DECREEING THE SUIT FOR THE PARTITION.
THIS REGULAR FIRST APPEAL COMING ON FOR ORDERS, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
J U D G M E N T This appeal, a memo is filed reporting the death of the first respondent and also certified to the effect that he has no legal representatives. The remaining respondents are the legal respondents of the fifth respondent. The memo is taken on record.
2. The learned counsel appearing for the parties submit that the parties have arrived at a compromise and a compromise petition, signed by the parties to the appeal and their learned counsel, is filed to that effect.
3. The parties are present before the Court. The first respondent, who is aged, has made respondent No.4 his general power of attorney. The original general power of attorney is produced and the same is taken on record.
4. In terms of the compromise entered into between the parties, the appellant has paid Rs.13,00,000/-, i.e. Rs.12,00,000/- by way of four demand drafts bearing No.967699, 967700, 967701, 967702 dated 21st April 2017 for Rs.3,00,000/- each drawn on Canara Bank, Karnool Branch; and Rs.1,00,000/- in cash payable to all the four respondents. In view of the compromise entered into between the parties, this appeal stands disposed of. Order of the Trial court is set aside.
Registry to draw up decree in the light of the compromise petition.
Sd/- JUDGE lnn