Disposed

Poorna Prajna House Building Co-Operative Society v. Sri. Faiz Tajmul Pasha

Karnataka HC22 Jun 2023WA/886/2018

Case brief

AI extract

What is this about?

The High Court disposed of the intra-court appeal in a writ petition filed by a co-operative society, accepting a joint compromise between the society and the heirs of a deceased member regarding the allotment and registration of a land site subject to external acquisition proceedings.

What did the court decide?

The writ appeal was disposed of by accepting the compromise/amicable settlement arrived at between the appellant society and respondent heirs.

Poorna Prajna House Building Co-Operative Society Vs… — Company and Corporate | Karnataka HC (2023)

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NC: 2023:KHC:21579-DB WA No. 886 of 2018

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 22^ND DAY OF JUNE, 2023

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PRESENT

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THE HON'BLE MR JUSTICE ALOK ARADHE

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AND

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THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE WRIT APPEAL NO. 886 OF 2018 (CS-RES)

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BETWEEN:

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POORNA PRAJNA HOUSE BUILDING CO-OPERATIVE SOCIETY LTD., AT NO.390, 9TH MAIN, SRI. KUMARASWAMY TEMPLE ROAD, HANUMANTHANAGAR, BANGALORE-560 019, PRESENTLY AT: NO.552, "POORNAPRAJNA SUVARNABHAVANA", FIRST FLOOR, UTTARAHALLI-KENGERI MAIN ROAD, POORNAPRAJNA NAGAR, BANGALORE-560 061, NOW REPRESENTED BY ITS CEO, SRI. L. NANJAPPA.

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Digitally signed by BELUR RANGADHAMA NANDINI Location: HIGH COURT OF KARNATAKA

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(BY SRI K.R.KRISHNAMURTHY, ADVOCATE) AND:

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SRI. FAIZ TAJMUL PASHA, S/O ABDUL LATHIF SINCE DECEASED BY LEGAL REPRESENTATIVES,

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…APPELLANT

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RUKHSANA BEGUM, W/O. LATE FAIZ TAJMUL PASHA, MAJOR,

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- 2 - NC: 2023:KHC:21579-DB WA No. 886 of 2018

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FARUQUE AZAM, S/O. LATE FAIZ TAJMUL PASHA, MAJOR,

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MUNNAWAR AZAM, S/O. LATE FAIZ TAJMUL PASHA, MAJOR,

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KAISER RAZA, S/O. LATE FAIZ TAJMUL PASHA, MAJOR,

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SHAMEEN ANJUM, D/O. LATE FAIZ TAJMUL PASHA, MAJOR, RESPONDENTS 1 TO 5 ARE RESIDING AT: NO.478, 2^ND 'E' MAIN, MUTHYALANAGAR, BANGALORE - 560 054.

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DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES II, BANGALORE DIVISION, BANGALORE.

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…RESPONDENTS

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(BY SMT BHARATI PATIL, ADVOCATE FOR R1 TO R5, SRI B RAJENDRA PRASAD, HCGP FOR R6)

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THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO ALLOW THE ABOVE WRIT APPEAL AND SET ASIDE THE ORDER DATED 16/01/2018 PASSED BY THE LEARNED SINGLE JUDGE IN WP NO.21002/2012 AND WP NO.29622/2012 AND CONSEQUENTLY ALLOW THE WRIT PETITIONS, AS PRAYED FOR.

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THIS APPEAL COMING ON FOR ORDERS THIS DAY, ALOK ARADHE J., DELIVERED THE FOLLOWING:

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NC: 2023:KHC:21579-DB WA No. 886 of 2018

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JUDGMENT

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This intra court appeal is filed against the order dated 16.01.2018 passed by the learned single Judge by which writ petitions preferred by the appellant has been dismissed.

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Learned counsel for the parties jointly submit that the dispute between the appellant and respondents No.1 to 5 has been amicably resolved. Learned counsel for the parties have invited the attention of this Court to the joint memo filed on behalf of the appellant and respondents No.1 to 5 and have submitted that the dispute has been amicably settled.

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The settlement reads as under:

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"a. The Appellant Society hereby agrees and under takes to reserve the site bearing No.174 measuring East 48 East, West 48.3 feet, North 30 feet and South 30 feet, totally measuring 1443.75 square feet, comprised in the 2^nd Layout formed by the Society at Uttarahalli and Vaddarapalya, Poornaprajnanagar, Bengaluru and allot and register jointly in the names of Respondent No.1 to 5 herein in due course of time.

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b. The location of the site bearing No.174 is inspected by the Respondent No.3 herein, Munnawar Azam, on behalf of all the Respondents and found to be satisfactory. The Respondent No.1 to 5 herein are made aware that subsequent to the formation of the site by the society the BDA has initiated and completed the acquisition proceedings for BSK Vth Stage. However, the pursuant to the application made by the Appellant, the Government has issued an order for bulk allotment of 16 Acres of land including the area in which the site bearing No.174 is carved out. The bulk allotment was challenged in W.P.No.7010/2009 and the same was dismissed. The appeal filed in W.A.No.4592/2010 was also dismissed. However, the bulk allotment is delayed due to the records pertaining to the bulk allotment is secured before this Hon'ble court in W.P.No.43815-816/2011.

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c. The Appellant undertakes to allot and register the site bearing No.174 measuring East 48 feet, West 48.3 feet, North 30 feet and South 30 feet, totally measuring 1443.75 square feet once after obtaining the bulk allotment from the BDA subject to the following conditions.

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i) Sri Faiz Tajmul Pasha had partly paid Rs.600/- towards allotment of site in 1968

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and said amount was equal to 261 Square feet at the rate of Rs.2.30/- per square feet.

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ii) The Respondent 1 to 5 herein have agreed to pay the balance sale consideration amount of Rs.14,19,600/- at the rate of Rs.1200/- per square feet, for remaining extent of 1183 square feet at the time of allotment.

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iii) The Respondent No.1 to 5 herein have agrees and undertakes to pay the actual charges payable to BDA for Bulk Allotment, other than the sale consideration.

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iv) The Stamp Duty and Registration fee payable towards execution and registration of the sale deed shall be borne by the Respondent No.1 to 5 herein.

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v) The Respondents No.1 to 5 hereby acknowledge and confirm that except the allotment and registration of the site at the rate agreed herein above, the Respondents No.1 to 5 herein no further claim whatsoever against the Appellant Society.

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vi) The Respondents No.1 to 5 herein admits and confirm that they are only persons entitle to the estate of Late Sri Tajmul Pasha and if any

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claims other than Respondent No.1 to 5 are lodged for the estate of Late Tajmul Pasha, it shall be the responsibility of the Respondents No.1 to 5 herein to resolve the same amongst themselves".

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In view of the aforesaid, appeal is disposed of in terms of compromise arrived at between the appellant and respondents No. 1 to 5.

Sd/JUDGE

Sd/JUDGE

BRN

List No.: 1 Sl No.: 7

Poorna Prajna House Building Co-Operative Society v. Sri. Faiz Tajmul Pasha

Case brief

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Poorna Prajna House Building Co-Operative Society v. Sri. Faiz Tajmul Pasha

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