Najabunnisa Vs Hyder Khan — Karnataka HC (2025) — LawSathi Research

Najabunnisa Vs Hyder Khan — Karnataka HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Appeal dismissed as withdrawn against respondent No.1; appeal disposed of in terms of the compromise petition between appellants and respondent No.2, whereby respondent No.2 is to convey and alienate 2 Acres 20 Guntas ('B' Schedule Property) to the appellants jointly out of the total 11 Acres 27 Guntas (excluding 8 Guntas 'A' Kharab and 7 Guntas 'B' Kharab), by a Registered Sale Deed in favour of Appellant No.3 Aslam and Appellant No.4 Ayub as per the 11E sketch within thirty days, without any sale consideration; respondent No.2 retains ownership and possession of 9 Acres 07 Guntas ('A' Schedule Property); liability of the outstanding loan is solely on respondent No.2 and the 'A' Schedule Property; appellants have delivered possession of the 'A' Schedule Property to respondent No.2; final decree drawn in terms of the compromise.

Ratio / Principle

Taking the memo on record, the appeal against respondent No.1 is dismissed as withdrawn.

Key takeaways

The terms and conditions of the compromise petition form part and parcel of the final decree drawn by the Court, and the final decree stands drawn in terms of the compromise entered into between the parties.ratio¶¶74-¶75
The appeal is disposed of in terms of the compromise petition.ratio¶¶81
Office is directed to draw the decree in terms of the above compromise.ratio

Detailed headnote1 paragraphs

Second Appeal (Karnataka) - Regular Second Appeal No. 1964 of 2018 under Section 100 r/w Order 42 Rule 1 CPC, arising from judgment and decree dated 03.07.2018 in R.A. No. 134 of 2010 by the III Addl. District Judge, Shivamogga, reversing the decree dated 26.02.2010 in O.S. No. 67 of 2007. At the hearing, the Court recorded a memo withdrawing the appeal against respondent No.1 (who had sold the schedule property to respondent No.2), and a compromise petition under Order XXIII Rule 3 r/w Section 151 CPC, 1908 between the appellants and respondent No.2. Terms: out of 11 Acres 27 Guntas (excluding 8 Guntas 'A' Kharab and 7 Guntas 'B' Kharab), respondent No.2 to convey 2 Acres 20 Guntas ('B' Schedule) to the appellants jointly, executing a registered sale deed in favour of Appellants 3 and 4 (Aslam and Ayub) as per the 11E sketch within thirty days, without consideration; respondent No.2 retains 9 Acres 07 Guntas ('A' Schedule) and bears sole liability for the outstanding loan; possession of the 'A' Schedule Property acknowledged as delivered to respondent No.2. Held: the compromise terms form part and parcel of the final decree; final decree drawn in terms of the compromise; appeal disposed of; Office to draw the decree accordingly.

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24^TH DAY OF OCTOBER, 2025

BEFORE

THE HON'BLE DR. JUSTICE K.MANMADHA RAO REGULAR SECOND APPEAL NO. 1964 OF 2018 (DEC)

BETWEEN:

NAJABUNNISA

W/O LATE KALANDER KHAN AGED ABOUT 68 YEARS BASAVANAGANGOOR VILLAGE,

HOLLUR HOBLI,

ABBALAGERE POST,

SHIVAMOGGA TALUK-577 204.

ANWAR

S/O LATE KALANDER KHAN, AGED ABOUT 58 YEARS BASAVANAGANGOOR VILLAGE,

Digitally signed by VIJAYALAKSHMI B N Location: HIGH COURT OF KARNATAKA

HOLLUR HOBLI, ABBALAGERE POST, SHIVAMOGGA TALUK-577 204.

ASLAM

S/O LATE KALANDER KHAN, AGED ABOUT 46 YEARS BASAVANAGANGOOR VILLAGE, HOLLUR HOBLI, ABBALAGERE POST, SHIVAMOGGA TALUK-577 204.

AYUB

S/O LATE KALANDER KHAN, AGED ABOUT 44 YEARS

BASAVANAGANGOOR VILLAGE,

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HOLLUR HOBLI, ABBALAGERE POST, SHIVAMOGGA TALUK-577 204.

JAMBU

S/O LATE KALANDER KHAN, AGED ABOUT 40 YEARS BASAVANAGANGOOR VILLAGE, HOLLUR HOBLI, ABBALAGERE POST, SHIVAMOGGA TALUK-577 204.

HAMEED

S/O LATE KALANDER KHAN, AGED ABOUT 60 YEARS BASAVANAGANGOOR VILLAGE, HOLLUR HOBLI, ABBALAGERE POST, SHIVAMOGGA TALUK-577 204.

WAHEED

S/O LATE KALANDER KHAN, AGED ABOUT 36 YEARS BASAVANAGANGOOR VILLAGE, HOLLUR HOBLI, ABBALAGERE POST, SHIVAMOGGA TALUK-577 204.

TABBU

S/O LATE KALANDER KHAN, AGED ABOUT 34 YEARS BASAVANAGANGOOR VILLAGE, HOLLUR HOBLI, ABBALAGERE POST, SHIVAMOGGA TALUK-577 204.

(BY SRI. H.MUJTABA, ADVOCATE FOR SRI. S G BHAGAVAN, ADVOCATE)

…APPELLANTS

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AND:

HYDER KHAN S/O BUDEN KHAN 66 YEARS AGRICULTURIST R/O HANUMANTHANAGARA, SHIVAMOGGA CITY-577 201.

G SRINIVASA S/O SHANKARA 62 YEARS R/O 4^TH CROSS, JAIL ROAD,HOSAMANE SHIVAMOGGA-577 201.

…RESPONDENTS

(BY SRI. YOGESH D. NAIK, ADVOCATE FOR R-1; SRI VENKATESH SOMAREEDI, ADVOCATE FOR R-2)

THIS RSA IS FILED UNDER SECTION 100 R/W ORDER 42 RULE 1 OF CPC., PRAYING TO ALLOW THE APPEAL BY SETTING ASIDE THE JUDGMENT AND DECREE DATED 03^RD JULY 2018, PASSED BY THE COURT OF THE III ADDITIONAL DISTRICT JUDGE AT SHIVAMOGGA, IN REGULAR APPEAL NO.134 OF 2010 AND TO RESTORE THE JUDGMENT AND DECREE DATED 26^TH FEBRUARY 2010, PASSED BY THE COURT OF THE II ADDITIONAL CIVIL JUDGE (SR. DN.) AT SHIVAMOGGA IN O.S.NO.67 OF 2007 TO MEET THE ENDS OF JUSTICE.

THIS APPEAL, COMING ON FOR HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

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CORAM: HON'BLE DR. JUSTICE K.MANMADHA RAO

ORAL JUDGMENT

Both the parties and their respective counsel are present before the Court.

A memo is filed by learned counsel for the appellants seeking withdrawal of the appeal as against respondent No.1, since respondent No.2 has stepped into the shoes of respondent No.1 being the purchaser of the schedule property from respondent No.1.

The memo is taken on record. In view of the memo, the appeal against respondent No.1 is dismissed as withdrawn.

Further, learned counsel appearing for the appellants filed a compromise petition under Order XXIII Rule 3 r/w Section 151 of CPC, 1908 in between the appellants and respondent No.2 stating that the disputes between the parties have been resolved amicably on the following terms;

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a. In consideration of long standing litigation between the parties hereto, both the appellants and the respondent no.2 agree and declare that, in full and final settlement of all disputes arising out of the subject litigation, the Respondent No.2 shall, out of the total land measuring 11 Acres and 27 Guntas (Eleven Acres and Twenty-Seven Guntas), excluding 8 Guntas classified as 'A' Kharab and 7 Guntas classified as 'B' Kharab, convey and alienate to the Appellants, jointly or to their nominees, an extent of 2 Acres and 20 Guntas (Two Acres and Twenty Guntas). It is further covenanted and undertaken that Respondent No.2 shall not have and shall not claim any title, right, interest, possession, or any manner of claim whatsoever over the 'B' Schedule Property described in this Compromise Petition.

b. The Appellants and the Respondent No.2 have agreed that the Respondent No. 2 shall have ownership & possession to an extent of 9 Acres and 07 Guntas (Nine Acres and Seven Guntas) out of the total extent of 11 acres 27 Guntas excluding 8 Guntas of A Kharab land and 7 Guntas of B Kharab land, which is morefully described herein and referred to as the SCHEDULE "A" PROPERTY of this compromise petition.

c. The Appellants and the Respondent No.2 have agreed that that Appellants herein shall jointly have the ownership & Possession to an extent of 2-Acres and 20Guntas (Two Acres and Twenty Guntas) out of the total extent of 11 acres 27 Guntas excluding 8 Guntas of A Kharab land and 7 Guntas of B Kharab land, which is

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morefully described herein and referred to as the SCHEDULE "B" PROPERTY of this compromise petition.

d. The Respondent No.2 hereby declare that he alone is liable and responsible to the said loan availed by him and declare that he alone would discharge the entire Outstanding loan amount as aforesaid and the appellants or any of them or the Schedule 'B' Property of this compromise petition are not liable/responsible for the said loan transaction. In view this compromise the charges and liability of the aforesaid loan amount is only on the SCHEDULE 'A' landed property of this compromise petition measuring 9 Acres and 07 Guntas (Nine Acres and Seven Guntas) out of the total extent of 11 acres 27 Guntas excluding 8 Guntas of A Kharab land and 7 Guntas of B Kharab land.

e. The Appellants and the Respondent No.2 submit that the Respondent No. 2 shall execute a Registered Sale Deed in respect of the Schedule "B" Property in favor of Appellant No.3 Mr. Aslam, S/o Late Kalander Khan & Appellant No.4 Mr. Ayub, S/o Late Kalander Khan herein above, as per the 11E sketch to be secured within a period THIRTY DAYS from the date of this compromise petition and the Respondent No. 2 shall not be entitled to any sale consideration or amounts of whatsoever nature.

f. The appellants No. 1, 2 and 5 to 8 have no objections of whatsoever nature and have consented for execution and registration of the absolute sale deed in respect of the schedule 'B' property by respondent No.2 in favor of appellants No.3 and 4.

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g. As on date, the revenue records i.e., the RTC in respect of the Schedule Property stands in the name of the Respondent No. 2 and as such, the respondent no.2 shall apply for 11E Sketch which is necessary for the registration of the Sale Deed at the costs and expenses of the appellants and for which the 2nd respondent has to assist in securing the same.

h. The expenses towards the stamp duty and registration charges shall be paid by Appellants No.3 and 4 herein in whose favor the sale deed has to be executed and registered by the 2nd respondent and the 2nd respondent shall not be liable to pay any monies towards the same.

i. That by virtue of this compromise, the appellants have agreed that, they have delivered the possession of the Schedule "A" Property of this compromise petition to Respondent No. 2 herein on this day, respondent no.2 herein has also admitted and acknowledged the delivery of possession as aforesaid in his favor.

J. The Parties agree and indemnify each other that they shall not interfere with the possession of their respective properties as aforesaid under this compromise and this compromise petition is binding on them.”

In view of the above terms and conditions, which

form part and parcel of the final decree drawn by the Court, it is ordered that the final decree shall stand drawn

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in terms of the compromise entered into between the

parties.

The appeal is disposed of in terms of the compromise petition.

Office to draw the decree in terms of the above compromise.

Sd/(DR.K.MANMADHA RAO) JUDGE

GH

List No.: 1 Sl No.: 58