Mohammed Hafeez @ Hafeezulla Vs Sheik Ahmed

MOHAMMED HAFEEZ @ HAFEEZULLA S/O LATE HAJI R MOHAMMED SALEEM SAB AGED ABOUT 35 YEARS R/O NO. 373/1 1ST MAIN, 11TH CROSS, AZAD NAGAR, DAVANAGERE- 577001

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…APPELLANT

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(BY SRI. R GOPAL., ADVOCATE)

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AND:

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

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SHEIK AHMED S/O ABDUL RAZAK SAB AGED ABOUT 47 YEARS R/O 1ST MAIN, 11TH CROSS, AZAD NAGAR, DAVANAGERE- 577001 (RESPONDENT SERVED AND UNREPRESENTED)

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…RESPONDENT (RESPONDENT SERVED AND UNREPRESENTED) THIS RSA IS FILED U/S. 100 OF CPC., AGAINST THE JUDGEMENT & DECREE DTD 15.02.2017 PASSED IN R.A.NO.12/2014 ON THE FILE OF THE IInd ADDITIONAL DISTRICT AND SESSIONS JUDGE DAVANAGERE, DISMISSED THE APPEAL AND CONFIRMING THE JUDGEMENT AND DECREE DTD 25.11.2013 PASSED IN OS.NO.54/2011 ON THE FILE OF THE Ist ADDITIONAL SENIOR CIVIL JUDGE, DAVANAGERE.

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

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NC: 2025:KHC:45248 RSA No. 935 of 2017

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HC-KAR

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

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ORAL JUDGMENT

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Learned counsel for the appellant is present and none appears for the respondent.

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This matter was referred to the Karnataka Mediation Centre, Bangalore for mediation and the matter was settled between the parties. The mediation report was also received from the Karnataka Mediation Centre and the same reads as under:

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"II. The aforesaid appeal was referred to mediation for resolving the dispute between the parties. During the course of mediation, the Appellant/Defendant along with his counsel and Respondent/Plaintiff through their local advocate have appeared through video conference as the Respondent in this appeal has not engaged any advocate and they admit that the dispute is settled among themselves as follows:

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Both the parties state that during the pendency of the Execution Petition

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NC: 2025:KHC:45248 RSA No. 935 of 2017

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HC-KAR

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No.190/2017, the Appellant/Defendant and his family members have sold the schedule property by executing a registered sale deed in the name of Mr.Mallikh Rehan who is the son of the Respondent/Plaintiff herein on 18.12.2023 as per the desire of the Respondent/Plaintiff and the said sale deed was registered in the office of the SubRegistrar, Davanagere vide document No.DVG-I-16104-2023-24 dated 18.12.2023.

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Both the parties state that on 19.12.2023 they have filed a joint memo before the executing court in Execution Petition No. 190/2017 and the said execution petition was closed as per the compromise petition filed by parties.

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Both the parties state that in view of the compromise entered into between them the Respondent/Plaintiff acknowledges the satisfaction of the decree passed in O.S.No.54/2011 by the I Addl. Senior Civil Judge, Davanagere. The Respondent/plaintiff agrees that the Appellant/Defendant has fully discharged the decreetal amount and nothing is due

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NC: 2025:KHC:45248 RSA No. 935 of 2017

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HC-KAR

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under the impugned decrees to the Respondent/Plaintiff. The Respondent/Plaintiff in this matter agree to ensure disposal of this matter as compromised for the said reason.

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Both parties state that apart from the above they have no claims in whatsoever nature against each other either in past, present, future.

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Both the parties to this appeal accordingly request for disposal of this matter as compromised.

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The parties further state that there has been no collusion or force, fraud or any undue influence by any of the parties to enter into this compromise in the aforesaid manner.

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III. In view of the aforesaid agreement, both the parties pray that this Hon'ble court may be pleased to pass appropriate orders, in terms of the aforesaid agreement.

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