IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 09TH DAY OF APRIL, 2019 BEFORE THE HON’BLE MR. JUSTICE SREENIVAS HARISH KUMAR REGULAR FIRST APPEAL No.101 OF 2016 (RES) BETWEEN:
Smt. Vijaylakshmi Bajaj, W/o Syamsundar Bajaj, Aged about 61 years, R/at No.489/25, Ashriya Apartments, 13th Cross, Wilson Garden, Bengaluru – 560 027.
Presently R/at No.11 & 12, 1st and 2nd Main, Palace Guttahalli, Opp. Geetha Bhavan, Bengaluru – 560 003. …Appellant (By Sri. G.M. Ramamurthy, Advocate) AND:
1. Gouhar Naaz, W/o late Ameer Hamza, Aged about 54 years, 2. Rauseef Ahmed, S/o late Ameer Hamza, Aged about 28 years, 3. Tabrez Pasha, S/o late Ameer Hamza, Aged about 22 years, 4. Saba Afrin, D/o late Ameer Hamza, Aged about 21 years, All are R/at No.178, Ahmed Nazar, Gongondanahalli, Nayandahalli Post, Bengaluru – 560 039.
Presently R/at No.24, 1st Cross, Tippu Nagar, Bengaluru – 560 018.
5. Ms. Arifa Abbas Ahmed Shaik, W/o late Abbas Mohammed Shaik, Aged about 55 years, 6. Mr. Ahmed, S/o late Abbas Mohammed Shaik, Aged about 32 years, 7. Mr. Javeed Shaik, S/o late Abbas Mohammed Shaik, Aged about 31 years, 8. Ms. Jareena, W/o Mainowuddin, D/o late Abbas Mohammed Shaik, Aged about 29 years, All are R/at No.75, Survey No.6, Green Park Char, Meetanagar Babubhai, Rolishwala Kondhwa, Bhuydru Poone, Maharashtra.
9. Hazi Rabee, W/o Baba, Major, R/at Door No.56, 8th Cross, Old Pension Mohalla, Bengaluru – 560 018.
10. Maqbul Jaan, W/o Nazeer Ahmed, Major, 11. Shaira Begum, D/o Shaik Ahmed, Major, 12. Shah Nawaz, W/o Roohulla, Major Respondent Nos.10 to 12 are R/at Door No.K/73, 2nd Floor, 14th Cross, Lalbagh Fort Road, Doddamavalli, Bengaluru – 560 004. … Respondents (By Sri Chandan S. Rao, Advocate for R.1 to R.4) This RFA is filed under Section 96 read with Order XLI of CPC against the judgment and decree dated 02.01.2016 passed in O.S.No.649/2008 on the file of the XXXVII Additional City Civil Judge (CCH-38), Bengaluru dismissing the suit for cancellation of the judgment and decree dated 15.06.2005 passed in O.S. No.8623/2001 on the file of Additional City Civil Judge, Bengaluru (CCH-32) as null and void and not binding the plaintiff therein.
This RFA coming on for Admission this day, the Court made the following:
ORDERS ON COMPROMISE PETITION The appellant Smt. Vijaylakshmi Bajaj is present with her advocate. Respondent Nos.1 to 4 namely, Smt. Gouhar Naaz, Sri. Rauseef Ahmed, Sri. Tabrez Pasha and Ms. Saba Afrin are present with their advocate.
2. The appellant and respondent Nos.1 to 4 present a compromise petition. The contents of this compromise petition are read over and explained to the parties in Kannada and English languages. They confirm that they have voluntarily entered into this compromise and they have signed this compromise petition also. The compromise petition has been signed by counsel for the appellant as also counsel for respondent Nos.1 to 4. According to the terms of compromise, appellant has paid Rs.15.00 lakhs to respondent Nos.1 to 4 in the manner shown in para 3(a) of the compromise petition. Today, the appellant hands over a demand draft for Rs.5.00 lakhs drawn in favour of respondent No.1. Having received Rs.15.00 lakhs from the appellant, respondent Nos.1 to 4 confirm the title of the appellant by virtue of sale deed dated 17.06.2003 executed by Maqbool Jan.
3. The terms of the compromise are lawful and therefore, it is accepted. By virtue of this compromise, the judgment and decree dated 02.01.2016 in O.S. No.649/2008 on the file of XXXVII Additional City Civil and Sessions Judge (CCH-38), Bengaluru City stands modified. Draw decree accordingly.
75% of the Court fee shall be refunded to the appellant.
MBM Sd/- JUDGE