Sri. Syed Malik Mahmood Khadri Vs Smt G K Sumithra

THIS RFA IS FILED UNDER SECTION 96 OF CPC., 1908 AGAINST JUDGMENT AND DECREE DATED 17.10.2022 PASSED IN OS.NO.38/2018 ON THE FILE OF THE I ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, CHICKBALLAPUR, DECREEING THE SUIT FOR DECLARATION AND INJUNCTION.

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

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CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN and HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL

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ORAL JUDGMENT

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(PER: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL)

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Learned counsel for the appellant as well as learned counsel for the respondent submits that the matter is settled among the parties and they have filed memorandum of compromise petition under Order XXIII Rule 3 read with Section 151 of CPC.

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2. The terms of compromise reads as under:

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"The Appellant and the Respondent jointly submit as follows:

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HC-KAR

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1. The appellant and respondent submit that the above appeal is filed by the appellant, challenging the judgment and decree dated 17.10.2022 respectively passed in OS No. 38/2018, on the file of the Hon’ble I Addl. Senior Civil Judge & JMFC, Chikkaballapura. The said suit was decreed by the trial court. Thereby declaring the plaintiff/respondent herein as the absolute owner in possession of the suit schedule property and also granted decree of injunction, restraining the defendant/appellant herein from interfering with the possession of the plaintiff/respondent.

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2. The parties jointly submit that during the pendency of the above appeal, upon the advice and intervention of common friends and well-wishers, they have decided to settle the dispute among themselves by way of amicable settlement. In pursuance of the same, the parties herein have come forward to file this Compromise Petition so as to settle the dispute amicably between them in respect of the suit schedule property bearing survey No. 6/3, dry land measuring 1 acre 20 guntas, earlier part of Sy. No. 6, Byranayakanahalli village, measuring 5 acres 23 guntas and the land described above is subsequently renumbered as Sy No.6/3 which is more fully described in the schedules hereunder and hereinafter referred to as Schedule Property.

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HC-KAR

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TERMS OF COMPROMISE:

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3. The appellant and respondent submit that as per the judgment and decree passed by the Trial Court, the plaintiff/respondent is declared as absolute owner and in possession of the suit schedule property, as well as decree of injunction is granted in her favour. However, as per the terms of settlement arrived between the parties the respondent herein does hereby admit the ownership and exclusive possession of the appellant who is the subsequent purchaser of the suit schedule property under the Registered Sale Deed dated: 06/08/2021, from one B. Virupaksha Reddy who in turn purchased it from the original appellant (Sri M. Srinivasa) under the Registered Sale Deed dated: 10/07/2019, the suit schedule property for valuable consideration. In view of the same, the present appellant Sri Syed Malik Mahmood Khadri has filed necessary application to come on record as appellant in the above case by way of substitution in the place of the original appellant M. Srinivasa. Pursuant thereof, this Hon’ble Court allowed the said application and the present appellant who is claiming the property under sale deed dated 06/08/2021 has come on record as appellant. Hence, the respondent admits the absolute ownership of the present appellant over the schedule property, subject to the payments made by the

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HC-KAR

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appellant to the respondent mentioned in this compromise to the respondent.

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4. The parties further submit that the present appellant has paid a sum of Rs.2,75,00,000/- (Rupees Two Crores Seventy Five Lakh Only) to the respondent towards full and final settlement of the dispute between the parties in respect of the suit schedule property, in the following manner: -

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a) DD Bearing No. 56652149, dated: 02/02/2026 issued on Union Bank of India, Thanisandra Branch, Bangalore – 560077, in the name of Sumithra Gogisiddappa Krishnappa (G.K. Sumithra), in lieu of the aforesaid payment the respondent herein (Smt. G.K.Sumitra) does hereby agree, admit, acknowledge the ownership of the suit schedule property, not only by the appellant herein, but also the ownership and possession of the predecessor in title of the appellant namely M. Srinivasa.

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5. The parties further state that in lieu of aforesaid amount of settlement being paid by the appellant, the respondent does hereby give up all her rights, claims of whatsoever in nature over the suit schedule property and admit the appellant as the absolute owner in exclusive possession of the suit schedule property.

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6. The parties further state that the respondent has acknowledged the receipt of the aforesaid settlement amount of Rs.2,75,00,000/(Rupees Two Crores Seventy Five Lakh Only) by way of Demand Draft

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HC-KAR

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bearing No. 56652149, dated: 02/02/2026 on Union Bank of India, Thanisandra Branch, Bangalore – 560077, drawn in favour of Sumithra Gogisiddappa Krishnappa (G.K. Sumithra). The said Demand Draft is received by the respondent subject to realization.

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7. The parties further state that the respondent does hereby admit and declare that she does not have any manner of right title and interest in the suit schedule property pursuant to this settlement and that neither herself nor her legal heirs or anybody claiming through or under her shall make any claim either in the past or in future in respect of the suit schedule property and that the respondent shall categorically admit and acknowledge the ownership and exclusive possession of the appellant in respect of the suit schedule property.

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8. The parties further state that all the allegations and counter allegations made by them against each other in the pleadings before the trial court as well as before this Hon’ble Court in the above case shall stand withdrawn against each other and in view of the settlement arrived between the parties in the above case.

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9. The parties further state that in view of the aforesaid settlement arrived between the parties, another case filed before the Principal Senior Civil Judge & CJM, Chikkaballapura in Miscellaneous No. 48/2023

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HC-KAR

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which is filed by M. Srinivasa (appellant) does not survive for consideration and that either of the parties can file a memo before the said Court in Misc. 48/2023 and request the concerned court to close the said case as having become infructuous in view of the aforesaid settlement. In view of the aforesaid settlement between the parties, the respondent admit and declare that the appellant herein is entitled to get all the revenue records transferred, if not already done and that respondent shall not in any manner interfere or oppose the transfer of all other records pertaining to the schedule property in the name of the appellant for proper enjoyment and possession of the suit schedule property as absolute owner thereof.

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10. Further the Respondent has also handed over the Gift Documents in her custody to the appellant and undertakes not to claim any right under the said documents. The other documents which are filed as Exhibit-P Series in OS No. 38/ 2018 on the file of Addl. Senior Civil Judge and JMFC by Plaintiff maybe released in favour of the appellant herein.

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11. The parties declare that Schedule – A & Schedule – B mentioned in this compromise petition are the schedules of the properties claimed by the respective parties. The parties further declare that they have mentioned two Schedules to the Compromise as Schedule – A and Schedule – B. The Parties state that

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HC-KAR

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Schedule - A is mentioned as per the Plaint and Schedule – B is mentioned as per the sale deed dated: 06/08/2021 purchased by the appellant. However, in view of the settlement, both the parties declare that both the Schedules are one and the Same and there is no dispute about the identity of the property.

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12. The parties further declare that aforesaid compromise is entered into between them out of their own free will, volition and that there is no any manner of force, coercion, misrepresentation for the purpose of entering into this compromise. Parties further declare that the compromise is lawful and binding on the parties.

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SCHEDULE – A

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(Schedule-A is the Schedule of the Property in OS No. 38/2018, which is claimed by the Respondent No. 1/Plaintiff as per the Plaint)

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Agricultural land situated at Byranayakanahalli village, Nandi hobli, Chikkaballapura Taluk, bearing Sy.No. 6/3, dry, measuring 1 acre 20 guntas, assessed at Rs. 2-04/- and bounded as follows:-

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East by : Land of Saraswathamma

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West by : Land of Dinesh Bedi

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North by : Private Road and thereafter remaining land in Sy No.6

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South by : Land of A.D.Narasimhaiah.

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(This land was earlier part of Sy.No. 6 of Byranayakanahalli village, measuring 5 acres 23 guntas

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HC-KAR

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and the land described above is subsequently renumbered as Sy No. 6/3)

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SCHEDULE – B

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(Schedule-B is the Schedule of the Property in the Sale Deeds dated: 06/08/2021, which the Appellant and his predecessors are claiming.)

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All that piece and parcel of an agricultural dry land measuring 1 [one] Acre 20 [Twenty] Guntas in Sy. No. [Old] 6 [New] 6/3 of Byranayakanahalli village, Nandhi Hobli, Chikkaballapura Taluk and District, with the following boundaries:-

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East by :- Land belonging to Kiran Kumar;

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West by :- Land belonging to Ramalinga Reddy;

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North by :- Road and Halla;

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South by :- Land belonging A.D. Narasimhaiah:

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WHEREFORE, it is humbly prayed to dispose the above appeal in terms of this compromise and draw decree accordingly, in the interest of justice and equity."

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3. Appellant and the respondent are present

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before the Court and they are identified by their respective counsel. The parties submit that they have understood the terms of compromise and affixed their signature on their own volition.

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4. Learned counsel for the appellant submits that

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as per the terms of compromise, the appellant handed

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HC-KAR

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over a Demand Draft Bearing No.56652149, dated:

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02.02.2026 issued on Union Bank of India, Thanisandra Branch, Bangalore – 560077 for a sum of Rs.2,75,00,000/- in favour of respondent. Learned counsel for the respondent acknowledges receipt of the same.

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5. We have perused the terms of compromise petition, they are in accordance with law and not opposed to public policy.

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6. The compromise petition is placed on record.

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

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Registry to draw the decree in terms of the compromise petition.

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Sd/(ANU SIVARAMAN) JUDGE

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Sd/(VIJAYKUMAR A. PATIL) JUDGE