Partly allowed

Sri. Rizwan Sharief v. Smt Maqbool Bi

Karnataka HC1 Dec 2023RFA/1255/2015

Case brief

AI extract

What is this about?

This judgment appeals a partition decree. The High Court, satisfied with a joint compromise memo signed by appellants and respondents favorably, disposed of both appeals by modifying the lower court's decree to reflect the settlement terms regarding property shares and possession.

What did the court decide?

Appeals disposed of by modifying the impugned judgment and decree; compromise terms adopted; decree drawn up as per memo; RTC registration directed.

Sri. Rizwan Sharief Vs Smt Maqbool Bi — Partition | Karnataka HC (2023)

¶1

1 - NC: 2023:KHC:43420 RFA No. 1255 of 2015 C/W RFA No. 70 of 2016

¶2

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1^ST DAY OF DECEMBER, 2023

¶3

BEFORE

¶4

THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR REGULAR FIRST APPEAL NO.1255 OF 2015 (PAR)

¶5

C/W

¶6

REGULAR FIRST APPEAL NO.70 OF 2016 (PAR)

¶7

IN R.F.ANo.1255/2015:

¶8

BETWEEN:

¶9

SRI RIZWAN SHARIEF, S/O ABDUL SHAKUR SAB, AGED ABOUT 55 YEARS, NALLU VILLAGE, CHANNAGIRI TALUK.

¶10

SRI RAHAMATHULLA S/O SHAIK IMAN SAB, AGED ABOUT 40 YEARS, VEERAPURA VILLAGE, BHADRAVATHI TALUK.

¶11

Digitally signed by VANDANA S Location: HIGH COURT OF KARNATAKA

¶12

SRI NASARULLA S/O SHAIK IMAM SAB, AGED ABOUT 35 YEARS, NALLU VILLAGE, CHANNAGIRI TALUK.

¶13

SRI NOORULLA S/O SHAIK IMAM SAB, AGED ABOUT 33 YEARS, NALLU VILLAGE, CHANNAGIRI TALUK.

¶14

SRI HAFEEZULLA S/O SHAIK IMAM SAB, AGED ABOUT 25 YEARS,

¶15

2 - NC: 2023:KHC:43420 RFA No. 1255 of 2015 C/W RFA No. 70 of 2016

¶16

NALLU VILLAGE, CHANNAGIRI TALUK.

¶17

SMT SHAHEENA W/O ASIF KHAN, AGED ABOUT 31 YEARS, KEREBILCHI VILLAGE, CHANNAGIRI TALUK.

¶18

SMT THASEENA BANU W/O ZAMIL AHAMED, AGED ABOUT 29 YEARS, KEREBILCHI VILLAGE, CHANNAGIRI TALUK.

¶19

SMT MOHSEENA BANU W/O MUSHARAF, AGED ABOUT 27 YEARS, KEREBILCHI VILLAGE, CHANNAGIRI TALUK.

¶20

…APPELLANTS

¶21

(BY SRI. MD. AKRAM UPPIN, ADVOCATE FOR SRI. RAHAMATHULLA KOTHWAL, ADV. FOR A-2, A-4 TO A-8 MISS. RUHA LATIF, ADVOCATE FOR SRI. MOHAMMED FAIZAN, ADVOCATE FOR A-1 AND A-3)

¶22

AND:

¶23

SMT MAQBOOL BI W/O ABDUL JABBAR SAB, AGED ABOUT 59 YEARS, NALLU VILLAGE, CHANNAGIRI TALUK.

¶24

SMT BASHEERABI W/O LATE KHAMRUDDIN SAB, AGED ABOUT 57 YEARS, HATTIBULASAGARA VILLAGE, CHANNAGIRI TALUK.

¶25

SMT MAHABOOBBI W/O MOHAMMED GHOUSE SAB, AGED ABOUT 55 YEARS, VEERAPURA VILLAGE, BHADRAVATHI TALUK.

¶26

3 - NC: 2023:KHC:43420 RFA No. 1255 of 2015 C/W RFA No. 70 of 2016

¶27

SMT AKILABI W/O MOHAMMED IQBAL SAB, AGED ABOUT 53 YEARS, VEERAPURA VILLAGE, BHADRAVATHI TALUK.

¶28

SMT QURESHEEDBI W/O P S SALEEM KHAN, AGED ABOUT 51 YEARS, 13^TH CROSS, BHASHAN NAGAR, DAVANAGERE.

¶29

SRI MUNAWAR W/O SARVAR BEIG, AGED ABOUT 40 YEARS,

¶30

SMT MUSTARI JAAN D/O SARVAR BEIG, AGED ABOUT 35 YEARS,

¶31

SMT MUBEENA D/O SARVAR BEIG, AGED ABOUT 33 YEARS, RESIDENT OF NALLURU VILLAGE, CHANNAGIRI TALUK.

¶32

SYED ZAKIR S/O SYED SABJAR SAB AGED ABOUT 51 YEARS RESIDING AT NALLU VILLAGE CHANNAGIRI TALUK DAVANAGERE DISTRICT – 577 213. (IMPLEADED RESPONDENT NO. 9 VIDE COURT ORDER DATED: 13.06.2022)

¶33

…RESPONDENTS

¶34

(BY SRI. HARISH KUMAR M S., ADV. FOR C/R-5 AND ALSO FOR R-1 TO R-4; SRI. CHIDAMBARA G.S., ADVOCATE FOR R-9; R-6, R-7 & R-8 ARE SERVED)

¶35

THIS RFA IS FILED UNDER SEC.96 OF CPC AGAINST THE JUDGMENT AND DECREE DATED 21.07.2015 PASSED IN O.S.NO.42/2010 (OLD O.S NO.14/2009) ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC., CHANNAGIRI, DECREEING THE SUIT FOR PARTITION.

¶36

¶37

NC: 2023:KHC:43420 RFA No. 1255 of 2015 C/W RFA No. 70 of 2016

¶38

IN R.F.A. No.70/2016:

¶39

BETWEEN:

¶40

SYED ISAQ AGED ABOUT 52 YEARS S/O SYED SABJAN SAB.

¶41

SYED ZAKIR AGED ABOUT 46 YEARS S/O SYED SABJAN SAB.

¶42

BOTH ARE R/O. NALLURU VILLAGE CHANNAGIRI TALUK DAVANAGERE DISTRICT – 577 213.

¶43

…APPELLANTS

¶44

(BY SRI. CHIDAMBARA G.S., ADVOCATE)

¶45

AND:

¶46

SMT MAQBOOL BI W/O ABDUL JABAR SAB, AGED ABOUT 61 YEARS, R/O. NALLUR VILLAGE, CHANNAGIRI TALUK

¶47

DAVANAGERE DISTRICT – 577 213.

¶48

SMT BASHEERABI W/O LATE KHAMRUDDIN SAB, AGED ABOUT 59 YEARS, R/O. HATTIBULASAGARA VILLAGE, CHANNAGIRI TALUK

¶49

DAVANAGARE DISTRICT – 577 213.

¶50

SMT MAHABOOBBI W/O MOHAMMED GHOUSE SAB, AGED ABOUT 57 YEARS, R/O. VEERAPURA VILLAGE, BHADRAVATHI TALUK – 577 301.

¶51

SMT AKILABI W/O MOHAMMED IQBAL SAB, AGED ABOUT 55 YEARS, R/O.VEERAPURA VILLAGE, BHADRAVATHI TALUK – 577 301.

¶52

5 - NC: 2023:KHC:43420 RFA No. 1255 of 2015 C/W RFA No. 70 of 2016

¶53

SMT QURSHEEDBI W/O P S SALEEM KHAN, AGED ABOUT 53 YEARS, R/O 13^TH CROSS, BASHA NAGAR, DAVANAGERE – 577 002.

¶54

RIZWAN SHARIEF S/O ABDUL SHAKUR SAB AGED ABOUT 57 YEARS R/O NALLUR VILLAGE CHANNAGIRI TALUK

¶55

DAVANAGERE DISTRICT – 577 213.

¶56

RAHAMATHULLA S/O SHAIK IMAM SAB AGED ABOUT 42 YEARS

¶57

OCC: TEACHER GOVT, URDU HIGHER PRIMARY SCHOOL

¶58

R/O. VEERAPURA VILLAGE BHADRAVATHI TALUK – 577 301.

¶59

NASARULLA S/O SHAIK IMAM SAB

¶60

R/O. NALLUR VILLAGE AGED ABOUT 37 YEARS CHANNAGIRI TALUK

¶61

DAVANAGERE DISTRICT – 577 213.

¶62

NOORULLA S/O SHAIK IMAM SAB R/O. NALLUR VILLAGE AGED ABOUT 35 YEARS CHANNAGIRI TALUK

¶63

DAVANAGERE DISTRICT – 577 213.

¶64

HAFEEZULLA S/O SHAIK IMAM SAB R/O. NALLUR VILLAGE AGED ABOUT 27 YEARS CHANNAGIRI TALUK DAVANAGERE DISTRICT – 577 213.

¶65

SMT SHAHEENA W/O ASIF KHAN,

¶66

6 - NC: 2023:KHC:43420 RFA No. 1255 of 2015 C/W RFA No. 70 of 2016

¶67

AGED ABOUT 33 YEARS, R/O. KEREBILACHI VILLAGE, CHANNAGIRI TALUK. DAVANAGERE DISTRICT – 577 213.

¶68

SMT THASEENA BANU W/O ZAMEEL AHAMED, AGED ABOUT 31 YEARS, R/O. KEREBILCHI VILLAGE, CHANNAGIRI TALUK.

¶69

DAVANAGERE DISTRICT – 577 213.

¶70

SMT MOHSEENA BANU W/O MUSHARAF, AGED ABOUT 29 YEARS, R/O. KEREBILCHI VILLAGE, CHANNAGIRI TALUK. DAVANAGERE DISTRICT – 577 213.

¶71

MUNAWAR AGED ABOUT 42 YEARS W/O SARVAR BEIG

¶72

R/O. NALLUR VILLAGE

¶73

CHANNAGIRI TALUK

¶74

DAVANAGERE DISTRICT – 577 213.

¶75

SMT. MUSTARI JAAN AGED ABOUT 37 YEARS D/O. SARVAR BEIG R/O NALLUR VILLAGE, CHANNAGIRI VILLAGE DAVANAGERE DISTRICT – 577 213.

¶76

SMT. MUBEENA AGED ABOUT 35 YEARS D/O SARVAR BEIG R/O. NALLUR VILLAGE, CHANNAGIRI VILLAGE DAVANAGERE DISTRICT – 577 213.

¶77

…RESPONDENTS

¶78

(BY SRI. HARISH KUMAR, M.S.,ADVOCATE FOR R-1 TO R-4; SRI. R. KOTHWAL, ADVOCATE FOR R-6 TO R-13; NOTICE TO R-10 IS D/W VIDE ORDER DATED 19.07.2021 R-14, R-15 & R-16 ARE SERVED)

¶79

THIS RFA IS FILED UNDER SECTION 96 OF CPC AGAINST THE JUDGMENT AND DECREE DATED 21.07.2015 PASSED IN OS NO.42/2010 (OLD NO.14/2009) ON THE FILE OF THE SENIOR CIIVL JUDGE AND J.M.F.C., CHANNAGIRI, DECREEING THE SUIT FOR PARTITION.

¶80

THESE APPEALS, COMING ON FOR ORDERS , THIS DAY, THE COURT DELIVERED THE FOLLOWING:

¶81

7 - NC: 2023:KHC:43420 RFA No. 1255 of 2015 C/W RFA No. 70 of 2016

¶82

JUDGMENT

¶83

Both these appeals arise out of the impugned judgment and decree dated 21.07.2015 passed in O.S.No.42/2010 (Old O.S.No.14/2009) on the file of the Senior Civil Judge & JMFC, Channagiri, whereby the said suit of the plaintiffs for partition and separate possession of their alleged share in the suit schedule immovable properties was decreed in their favour against the defendants by the Trial Court.

¶84

A perusal of the schedule to the plaint will indicate that the suit schedule immovable properties comprise of three items of the landed properties as described in the schedule.

¶85

Aggrieved by the impugned judgment and decree passed by the Trial Court, RFA No.1255/2015 is preferred by defendant Nos.2 to 9 and RFA No.70/2016 is preferred by Sri.Syed Isaq and another, who are not parties to the suit but claim to have purchased portion of item No.1 of the suit schedule immovable properties from defendant No.2.

¶86

Appellants and respondents in RFA No.1255/2015 have filed a Joint Memo of compromise. Appellants and

¶87

8 - NC: 2023:KHC:43420 RFA No. 1255 of 2015 C/W RFA No. 70 of 2016

¶88

respondents in RFA No.1255/2015 are physically present before the Court and admit having signed the Joint Memo of compromise. Parties are identified by their respective counsels.

¶89

Further, respondent Nos.6 to 9 despite not being represented by the counsel before this Court are physically present and admit having signed the compromise petition. The said Joint Memo of compromise reads as under:

¶90

“ The parties above named submit as follows:

¶91

1. The Appellants herein have filed the above appeal challenging the Judgment and decree dated 21.7.2015 passed by the Senior Civil Judge, Channagiri in O.S. No.42/2010 (Old O.S.No.14/2009) wherein the court below has granted 1/13^th share each to the plaintiffs and 1/13^th share together to the defendants 10 to 12.Further the court below has granted 1/4^th share to the 2^nd Defendant and 1/4^th share together to the defendant No. 3to 9.The court below has also ordered for enquiry for the quantum mesne profit during the final decree proceedings.

¶92

2. This Hon’ble court after hearing the parties on admission was pleased to admit the above appeal and posted the matter for final hearing. However, during the pendency of the above appeal the dispute between the parties have settled due to advise of the friends and wellwishers on the following terms and conditions:

¶93

¶94

NC: 2023:KHC:43420 RFA No. 1255 of 2015 C/W RFA No. 70 of 2016

¶95

I. The Respondent No. 1 to 5/Plaintiff No.1to5 and Respondent No. 6 to 8/Defendant No. 10 to 12 herein have decided not to claim any share in the item No.A of plaint schedule. In other words they have relinquished their right, title and interest in the Item No.A of Plaint Schedule.

¶96

II. As far as the Item No. C of plaint schedule is concerned the Respondent No. 1 to 5/Plaintiff No. 1 to 5 and Respondent No. 6 to 8/Defendant No. 10 to 12 have decided not to claim any share in the item No.C of the plaint schedule property. Further, they have relinquished their right, title and interest in the Item No.C of plaint schedule. However, the Appellant No. 1 to 8/Defendant No.2 to 9 have formed a 25 feet road in the item No.C of the plaint Schedule Property from East to West by the side of Davanagere –Channagiri Road to till the RS No. 174of Nalluru Village, Kasaba Hobli, Channagiri Taluk which is the item B of plaint schedule property. The said road will be open for the use of all the parties without any exception. The approximate place and shape of the road has been shown in the rough sketch filed along with this joint memo.

¶97

III. The Respondent No.1 to 5/Plaintiff No. 1 to 5 and the Respondent No. 6 to 8/Defendant 10 to 12 have agreed to take totally 55 guntas in the item No.B of Plaint Schedule property out of 3 acre 3 guntas.The said road starting from Davanagere – ChanngiriRoad upto R.S. No 174 as shown in the sketch will have free access to all the parties to the suit and their successors and at no point of

¶98

NC: 2023:KHC:43420 RFA No. 1255 of 2015 C/W RFA No. 70 of 2016

¶99

10 -

¶100

time any of the parties to this appeal will have an exclusive access. The land given to the share of the Respondent No.1 to 5/Plaintiff No.1 to 5 i.e., 55 guntas in R.S. No 174 has been identified is situated on the Southern side of R.S.No.174. The Respondent No.1 to 5/Plaintiff No.1 to 5 and Respondent No.6 to 8/Defendant No.9 to 12 have kept two guntas of land out of 55 gunta in R.S.No.174 on the eastern side for the purpose of road and the same will be used for their internal use purpose only. Likewise the Respondent No. 1 to 8 have also agreed to form 25 feet road in the middle of the 55 guntas of land from East to West. The Land measuring 55 guntas allotted to the share of Respondent No.1 to 5/Plaintiff No.1 to 5 and Respondent No.6 to 8/Defendant No.9 to 12 in Item No.C of Plaint Schedule has been morefully described herein under the head of Schedule ‘B’ Property and hereinafter referred to as Schedule ‘B’ Property.

¶101

IV. The Respondent No 1 to 5/Plaintiff No.1 to 5 and Respondent No.6 to 8/Defendant No.9 to 12 herein further have subdivided the 53 guntas (After leaving two gunta land for road purpose out of 55 guntas) of land in item No B of plaint schedule i.e., R.S. No 174. Out of 53 guntas of land the Respondent No.1 to 5/Plaintiff No.1 to 5 got 10 guntas each in R.S.No.174 and the same has been allotted to Respondent No.1 to 5 on the seniority in age from East to West. Further the Respondent No. 6 to 8 will be jointly allotted 3 guntas of land. The details of the same are as follows:

¶102

11 -

¶103

NC: 2023:KHC:43420 RFA No. 1255 of 2015 C/W RFA No. 70 of 2016

¶104

a. The Respondent No.1 Smt.Maqbool Bihas been allotted 10guntas of land in R.S.No.174 i.e., Item B of plaint schedule property on the eastern most end which is morefully described as Plot-1 in the sketch and morefully described under the head of Item No.1 of Schedule ‘C’ Property.

¶105

b. The Respondent No.2 Smt. Basheera Bihas been allotted 10 guntas of land in R.S.No.174 i.e., Item B of plaint schedule property on the western side of the property allotted to Smt. Maqbool Bi which is morefully described as Plot-2 in the sketch and morefully described under the head of Item No.2 of Schedule ‘C’ Property.

¶106

c. The Respondent No.3 Smt. Mahaboob Bi has been allotted 10 guntas of land in R.S.No.174 i.e., Item B of plaint schedule property on the western side of the property allotted to Smt. Basheera Bi which is morefully described as Plot-3 in the sketch and morefully described under the head of Item No.3 of Schedule ‘C’ Property.

¶107

d. The Respondent No.4 Smt. Akila Bihas been allotted 10 guntas guntas of land in R.S.No.174 i.e., Item B of plaint schedule property on the western side of the property allotted to Smt. Mahaboob Bi which is morefully described as Plot-4 in the sketch and morefully described under the head of Item No.4 of Schedule ‘C’ Property.

¶108

e. The Respondent No.5 Smt. Qursheed Bihas been allotted 10 guntas of land in R.S.No.174 i.e., Item B of plaint schedule property on the western side of the property allotted to Smt. Maqbool Bi which is morefully

¶109

12 -

¶110

NC: 2023:KHC:43420 RFA No. 1255 of 2015 C/W RFA No. 70 of 2016

¶111

described as Plot-5 in the sketch and morefully described under the head of Item No.5 of Schedule ‘C’ Property.

¶112

f. The Respondent No.6 to 8 Sri Munavar, Smt.MustariJaan and Smt. Mubeena jointlyhave been allotted 3 guntas of land in R.S.No.174 i.e., Item B of plaint schedule property on the western side of the property allotted to Smt. Qursheed Bi which is morefully described as Plot-6 in the sketch and morefully described under the head of Item No.6 of Schedule ‘C’ Property.

¶113

V. The Appellants/Defendant No. 2 to 9, today, have put the Respondent No.1 to 5/Plaintiff No.1 to 5 and Respondent No.6 to 8/Defendant No.10 to 12 have been put into exclusive possession of their respective shares allotted as above in item B of schedule property as stated above.

¶114

VI. Since the Respondent No. 1 to 5/the Plaintiffs No. 1 to 5 and Respondent No. 6 to 8/Defendant No. 10 to 12 have Decided not to claim any share in item of No. A of Schedule property the sale deed executed by AppellantNo.2/Defendant No. 2 in favour of Syed Issaq i.e., the brother of Syed Zakir/Respondent No.9 vide sale deed dt: 27-02-2001 in respect of 1 acre 25 guntas in item No. A of plaint schedule property is concerned the same will be intact.

¶115

VII. The Appellant No. 1 to 8 herein undertake that they will not interfere with the peaceful possession enjoyment of the Respondent No.1 to 5/Plaintiff No. 1 to 5 in respect of land allotted to them in item B of plaint schedule as

¶116

13 -

¶117

NC: 2023:KHC:43420 RFA No. 1255 of 2015 C/W RFA No. 70 of 2016

¶118

above. Further the Appellant No.1 to 8 herein have relinquished their right, title and interest in respect of 55 Guntas of land allotted to the Respondent No. 1 to 5/Plaintiff No.1 to 5 and Respondent No.6 to 8/Defendant No.10 to 12.

¶119

VIII. In view of the partition and separate possession of their respective share as agreed above the Respondent No.1 to 5/ Plaintiff No. 1 to 5 and Respondent No.6 to 8/Defendant No.10 to 12 herein undertake that they would not interfere with the peaceful possession and the enjoyment of Appellant No. 1 to 8 in respect of to the land allotted them.

¶120

IX. All the parties herein have no objection whatsoever to transfer the Revenue Records/RTC in favour of others as per the above settlements.

¶121

X. The RespondentNo.1 to 5/Plaintiff No.1 to 5 and Respondent No.6 to 8/Defendant No.10 to 12 have filed the Final Decree Proceedings in FDP No.7/2015 on the file of Senior Civil Judge and JMFC, Channagiri and same is pending for consideration. However, now, in view of this settlement and handing over the possession of the land given to the share of the Respondent No.1 to 5/Plaintiff No.1 to 5 and Respondent No.6 to 8/Defendant No.10 to 12 they have undertaken to withdraw the FDP proceedings at the earliest.

¶122

XI. Further the RTC of R.S.No.174 of Nallur Village, Kasaba Hobli,ChannagiriTaluk discloses that the said property has been mortgaged for the loan taken by the

¶123

14 -

¶124

NC: 2023:KHC:43420 RFA No. 1255 of 2015 C/W RFA No. 70 of 2016

¶125

Appellant No. 1 to 8 herein. Therefore, the Appellants No.1 to 8 herein undertake to pay the entire loan amount at the earliest and get the 55 guntas of land allotted to the share of Respondent No.1 to 9 herein released from any encumbrances.

¶126

PRAYER

¶127

Wherefore it is prayed that in view of the settlement arrived at between the parties as stated above this Hon’ble court be pleased to modify the judgement and decree passed by the senior civil judge at Channagiriin O.S No. 42/2010 dated. 21.7.2015 as per the terms and conditions as agreed above in the interest of justice and equity.

¶128

SCHEDULE

¶129

A) Agriculture land bearing R.S.No.37/1 totally measuring about 9 acres 23 guntas including Kharab of Asthafanahalli in KasabaHobli, ChanangeriTaluk presented poded into R.S.No.37/1A & R.S.No.37/1B and bounded by:

¶130

East	: Lands of Abdul Jabbar Sab
West	: AsthafnahalliThanda
North	:Property of ChirandoniAmeersab
South	:Halla

¶131

B) Agriculture land bearing R.S.No.174 totally measuring about 3 acres 3 guntas (two guntas of karab land) of Nallur Village, in KasabaHobli, ChanangeriTaluk presented poded into R.S.No.174/P1 & R.S.No.174/P2 and bounded by:

¶132

15 - NC: 2023:KHC:43420 RFA No. 1255 of 2015 C/W RFA No. 70 of 2016

¶133

East : Road West : Property of H.Prakash North : Road South : Private Property

¶134

C) Residential houses and vacant space bearing Khanishumari No.381, 382 & 383 approximately measuring E-W-200 feet and N-S-200 feet situated at Nallur Village, KasabaHobli, ChannageriTaluk and bounded by

¶135

East : Channagiri Road West : Property bearing R.S.No.174 North : Temple South : Temple

¶136

SCHEDULE ‘B’ PROPERTY

¶137

Agriculture land bearing R.S.No.174 totally measuring 55 guntas out of 3 acres 3 guntas (two guntas of karab land) of Nallur Village, in KasabaHobli, ChanangeriTaluk and bounded by:

¶138

East : Private property West :Remaining property in Sy.No.174 North : Drainage South : Private Property

¶139

SCHEDULE ‘C’ PROPERTY

¶140

Item No.1: Agriculture land bearing R.S.No.174 totally measuring 10 guntas out of Schedule ‘B’ Property

¶141

East : Road (two guntas road formed out of 55 guntas) West :Land allotted to Smt.Basheera Bi North : Drainage South : Private Property

¶142

NC: 2023:KHC:43420 RFA No. 1255 of 2015 C/W RFA No. 70 of 2016

¶143

16 -

¶144

Item No.2: Agriculture land bearing R.S.No.174

¶145

totally measuring 10 guntas out of Schedule ‘B’ Property

¶146

East : Land allotted to Smt.Maqbool Bi West :Land allotted to Smt.Mahaboob Bi North : Drainage South : Private Property

¶147

Item No.3: Agriculture land bearing R.S.No.174 totally measuring 10 guntas out of Schedule ‘B’ Property

¶148

East : Land allotted to Smt.Basheera Bi West : Land allotted to Smt.Akilla Bi North : Drainage South : Private Property

¶149

Item No.4: Agriculture land bearing R.S.No.174 totally measuring 10 guntas out of Schedule ‘B’ Property

¶150

East : Land allotted to Smt.Mahaboob Bi West : Land allotted to Smt.Qursheed Bi and others North : Drainage South : Private Property

¶151

Item No.5: Agriculture land bearing R.S.No.174

¶152

totally measuring 10 guntas out of Schedule ‘B’ Property

¶153

East : Land allotted to Akila Bi West : Land allotted to Sri Munavar and others North : Drainage South : Private Property

¶154

Item No.6: Agriculture land bearing R.S.No.174 totally measuring three(3) guntas out of Schedule ‘B’ Property

¶155

East : Land allotted to Qursheed Bi West : Remaining land in R.S.No.174

¶156

17 - NC: 2023:KHC:43420 RFA No. 1255 of 2015 C/W RFA No. 70 of 2016

¶157

North : Drainage South : Private Property”

¶158

As stated supra, RFA No.70/2016 is filed by the appellants who are not parties to the suit and claim that they have purchased portion of item No.A of the suit schedule immovable properties from defendant No.2. Further, appellant No.2 in RFA No.70/2016 has also been impleaded as respondent No.9 in RFA No.1255/2015.

¶159

Being satisfied with the terms and conditions contained in the Joint Memo of Compromise entered into between the parties in RFA No.1255/2015, to which appellant No.2 in RFA No.70/2016 is also a party, both RFA No.1255/2015 and RFA No.70/2016 are disposed of in terms of the Joint Memo of compromise by modifying the impugned judgment and decree passed by the Trial Court and substituting the same with the terms and conditions of the said Joint Memo of compromise.

¶160

Registry is directed to draw up decree accordingly. Sketch annexed to the Joint Memo of compromise is directed to be treated as part and parcel of this order.

¶161

18 - NC: 2023:KHC:43420 RFA No. 1255 of 2015 C/W RFA No. 70 of 2016

¶162

9. Jurisdictional Sub-Registrar is directed to register the

¶163

Compromise decree as and when it is produced before him.

¶164

Sd/JUDGE

¶165

SV List No.: 2 Sl No.: 6

Sri. Rizwan Sharief v. Smt Maqbool Bi

Case brief

What is this about?

What did the court decide?

Sri. Rizwan Sharief v. Smt Maqbool Bi

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Sri. Harshakumar. N Vs Sri. M. Chandrashekar

Smt Jaymala Vs Smt Sharadamma T L

The Bangalore Development Authority Vs Sri H T Prashanth

Mrs Beena Bhardwaj Vs Col. Kulbhushan Kumar (Retd)

Smt. Manjula. S Vs Sri. Balakumar. S

Hemalatha Vs Lolakshi