Usmaan Vs a K Abdul Nasar

THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RECORDS OF FDP NO.05 OF 1997, PENDING ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND CJM AT RAMANAGARAM AND AFTER EXAMINING THE SAME QUASH AND SET ASIDE THE ORDER DATED 12TH NOVEMBER 2021 IN FDP NO.05 OF 1997 AT ANNEXURE-A PASSED BY THE PRINCIPAL SENIOR CIVIL JUDGE AND CJM AT RAMANAGARAM.

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THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR JUSTICE M.NAGAPRASANNA

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ORAL ORDER

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The petitioners are before this Court calling in question an order dated 12.11.2021, passed by the Principal Senior Civil Judge and CJM, Ramanagaram, in F.D.P.No.05/1997, whereby, the report of the Commissioner is accepted in part, by determining of the properties scheduled therein, without holding any enquiry and taking assistance of the experts in determining the market value.

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NC: 2025:KHC:19107 WP No. 1029 of 2022

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HC-KAR

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Heard Sri Uma Shankar M.N, learned counsel for the petitioners, Sri A.S.Mahesha, learned counsel for respondent Nos.1 to 4, 6 to 9 and 11 and Sri S.A.H.Razvi, learned counsel for respondent No.10.

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Learned counsel for the parties submit that the issue has been settled between the parties and file an application under Order XXIII, Rule 3 of CPC r/w Section 151 of the CPC along with a special power of attorney to indicate that respondent No.1 is authorized to appear on behalf of the respondents, to that effect. One of the terms and conditions of settlement is closure of the impugned proceedings.

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The application under Order XXIII, Rule 3 of CPC r/w

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Section 151 of the CPC, reads as follows:

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“1. The 'Petitioners 1 to 4 and Respondent 10', namely (1) Mr. USMAN KHAN, (2) Mr. SANJAY KUMAR GUPTA, (3) Mrs. MANISHA GUPTA, (4) Mr. REHMAN SHARIFF (5) Mr. SHAIK NASEER and 'Respondents 1 to 9', namely Mr. ABDUL NASSER & OTHERS hereto confirm and declare that they have voluntarily and of their own free will arrived at this Compromise Petition in the presence of their respective counsel.

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HC-KAR

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2. The Petitioners 1 to 4, Respondent 10' and 'Respondents 1 to 9' do hereby have come to an agreement to settle the matter relating to 'schedule A property measuring 11,590 square feet marked as A-D-EH-A in the sketch by dividing the property in terms of percentages in the following manner:

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a. RESPONDENTS 1 to 9, namely Mr. ABDUL NASSER & OTHERS shall be entitled for a 57.5% share in the entire property referred to as the 'schedule B property' hereunder with coordinates marked as A- C-F-H-A in the sketch measuring 6664.25 square feet.

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b. PETITIONERS 1 to 4 and RESPONDENT 10, namely (1) Mr. USMAN KHAN, (2) Mr. SANJAY KUMAR GUPTA, (3) Mrs. MANISHA GUPTA, (4) Mr. REHMAN SHARIFF, (5) Mr. SHAIK NASEER shall be entitled for a 42.5% share in the entire property referred to as the 'schedule C property' hereunder with coordinates marked as C-D-E-F-C in the sketch measuring 4925.75 square feet.

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The sketch for the above partition is mentioned on page 6 of this Compromise Petition.

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HC-KAR

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3. The 'Petitioners 1 to 4 and Respondent 10 are receiving 42.5% share in the property marked as C-D-E-F-C in the sketch measuring 4925.75 square feet and mentioned as 'schedule C property' hereunder in lieu of the sum of money which was previously directed by the Hon'ble High Court of Karnataka in W.P.No.51343/2014 dated 20-062019 and The Prl. Senior Civil Judge and CJM at Ramanagaram in F.D.P.05/1997 dated 12-11-2021. The 'Respondents 1 to 9' are not obligated to pay the 'Petitioners 1 to 4 and Respondent 10' any monetary payment and both the parties mutually agree upon this. The 'Respondents 1 to 9' are receiving share in the property marked as B-C-F-G-B in the sketch measuring 4881.19 square feet and 'Petitioners 1 to 4 and Respondent 10' are not obligated to pay 'Respondents 1 to 9' any monetary payment and both the parties mutually agree upon this.

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4. The 'Petitioners 1 to 4 and Respondent 10' are confirming that the portion with coordinates A-B-G-H-A marked in the sketch which is 1783.06 square feet in the 'schedule B property' is the inherited portion of the 'Respondents 1 to 9' as per order received in F.D.P.05/1997 on the file of Senior Civil Judge & CJM at Ramanagaram dated 31-07-2017 and also in R.A. No.47/2007 on the file of Third Additional District & Sessions Judge at Ramanagaram dated 22-02-2019 and this portion was not under any legal dispute.

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5. The total area of the entire property mentioned in the Sale Deed dated 26-09-1951 registered as document No. 1369/51-52 of Book 1 in Volume 769 at pages 174 to 178 in the office of the Sub-Registrar, Bangalore Civil Station, Bangalore was found to be 11,590 square feet. If there is any difference in the area during marking and partition of the property, the percentages agreed upon by both the parties shall be kept constant, i.e. the 'Respondents 1 to 9' shall be entitled for 57.5% of the property boundaries as mentioned in 'schedule B property' and 'Petitioners 1 to 4 and Respondent 10' shall be entitled for 42.5% of the property boundaries as mentioned in 'schedule C property'.

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HC-KAR

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6. The 'Petitioners 1 to 4, Respondent 10' and 'Respondents 1 to 9' have mutually agreed to fix a convenient date for the measurement and marking of the property by a professional surveyor.

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7. The 'Respondents 1 to 9' shall bear and pay the expenses relating to stamp duty, registration and conveyance charges in regard to the Settlement Deed for 4881.19 square feet only in the 'schedule B property' with coordinates B-C-F-G-B marked in the sketch. The remaining 1783.06 square feet in the 'schedule B property' with coordinates A-B-G-H-A marked in the sketch is the inherited portion of the 'Respondents 1 to 9' as per order received in F.D.P.05/1997 on the file of Senior Civil Judge & CJM at Ramanagaram dated 31-072017 and also in R.A. No.47/2007 on the file of Third Additional District & Sessions Judge at Ramanagaram dated 22-02-2019.

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8. The 'Petitioners 1 to 4 and Respondent 10' shall bear and pay the expenses, if any, relating to stamp duty, registration and conveyance charges in regard to the Deed of Sale for their 42.5% portion marked as 'schedule C property hereunder.

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9. It is submitted that immediately after this Compromise Petition is recorded and accepted in W.P. No. 1029/2022 before the High Court of Karnataka, Bengaluru, the 'Petitioners 1 to 4 and Respondent 10' are at liberty to take possession of their share of the property mentioned as schedule C property' hereunder by demolishing the existing structure or building at their cost and Respondents 1 to 9' have agreed for the same.

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10. It is submitted that after the submission of this present Compromise Petition, the 'Petitioners 1 to 4, Respondent 10' and 'Respondents 1 to 9' undertake not to raise any dispute, objections or demands through court proceedings or outside court proceedings and all the objections/disagreements in Writ Petition WP No.1029/2022 stand null and void. This Compromise Petition is full and final settlement of the claims of both the parties.

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HC-KAR

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This Compromise Petition may kindly be accepted and the same may kindly be treated as Final Decree in the case.

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11. Both the parties have agreed to submit this Compromise Petition before the Hon'ble High Court of Karnataka for the disposal of the Writ Petition filed by the Petitioners 1 to 4, Respondent 10 in the Writ Petition number WP No.1029/2022 before The High Court of Karnataka, Bengaluru.

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12. It is submitted that the 'Petitioners 1 to 4, Respondent 10' shall execute the Settlement Deed in favour of the 'Respondents 1 to 9' for 4881.19 square feet in the 'schedule B property' with coordinates B-C-F-G-B marked in the sketch and accordingly the 'Petitioners 1 to 4, Respondent 10' have signed the Settlement Deed on this day before This Hon'ble High Court and undertake to register the Settlement Deed as per the convenience of Respondents 1 to 9' or within 30 days from the date of this Compromise Petition failing to which the 'Respondents 1 to 9 are entitled to get the Settlement Deed duly executed through the process of the court before The Prl. Senior Civil Judge & CJM at Ramanagaram in F.D.P.05/1997.

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13. It is submitted that both the parties have signed the application to be submitted to the BBMP for change of katha in their respective names in respect of their entitlement as per this Compromise Petition and both the parties have given NOC and the said applications are to be submitted to the corporation immediately after the Compromise Petition and both the parties have requested This Hon'ble Court to issue direction to the BBMP to enter their names in the property register of BBMP as per their entitlement mentioned in the compromise Petition and to issue katha by collecting necessary charges.

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14. It is submitted that the Petitioners 1 to 4, Respondent No. 10, and Respondents 1 to 9 have mutually agreed to file appropriate memos before the Hon'ble Principal Senior Civil Judge and CJM at Ramanagaram in F.D.P. No. 05/1997. seeking closure of the said proceedings, in view of the fact that the matter has already been settled and compromised before this Hon'ble Court. Hence, no further proceedings are necessary before the FDP Court.

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HC-KAR

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SCHEDULE A PROPERTY

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(Description of the entire property)

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All that piece and parcel of residential property bearing Municipal No. 44, Old No. 8, earlier No. 12, situated on Davis Road, Ward No.19, Richards town, Bengaluru560084 measuring east to west 95 feet, North to South 122 feet and in total 11,590 square feet bounded as follows:

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East by	: Private property
West by	: John Armstrong Road
North by	: Davis Road
South by	: Conservancy Lane

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SCHEDULE B PROPERTY

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(Description of the share of the 'Respondents 1 to 9' to be divided as per this Compromise Petition)

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57.5% of the 'schedule A property' bearing Municipal No. 44, Old No. 8, earlier No. 12, situated on Davis Road, Ward No.19, Richards town, Bengaluru-560084 measuring east to west 95 feet, North to South 70.15 feet and in total 6664.25 square feet with coordinates A-C-F-H-A in the sketch and bounded as follows:

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East by	:	Private property
West by	:	John Armstrong Road :
North by	:	Davis Road
South by	:	ortion of the same property belonging
		to 'Petitioners 1 to 4 and Respondent
		10' mentioned as 'schedule C
		property'

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SCHEDULE C PROPERTY

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(Description of the share of the 'Petitioners 1 to 4 and Respondent 10' to be divided as per this Compromise Petition)

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HC-KAR

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42.5% of the 'schedule A property' bearing Municipal No. 44, Old No. 8, earlier No. 12, situated on Davis Road, Ward No.19, Richards town, Bengaluru-560084 measuring east to west 95 feet, North to South 51.85 feet and in total 4925.75 square feet with coordinates C-D-E-F-C in the sketch and bounded as follows:

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East by	:	Private property
West by	:	John Armstrong Road
North by	:	Portion of the same property belonging to 'Respondents 1 to 9' mentioned as
		'schedule B property'
South by ___________	: ______	Conservancy Lane” ___________________________________