Loading judgment…
No AI summary yet for this case.
- 1 -
NC: 2024:KHC:8380 RFA No. 179 of 2013
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF FEBRUARY, 2024 BEFORE THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE REGULAR FIRST APPEAL NO. 179 OF 2013 (DEC/POS) BETWEEN:
MASRUR ALI KHAN S/O HYDER ALI KHAN, AGED ABOUT 54 YEARS, RESIDING AT NO.17, OLD NO.9, DR.OMMER SHARIFF ROAD, BASAVANGUDI, BANGALORE - 560 004.
SALMAN ALI KHAN S/O HYDER ALI KHAN, AGED ABOUT 53 YEARS, RESIDING AT NO. 17, OLD NO.9, DR.OMMER SHARIFF ROAD, BASAVANAGUDI, BANGALORE-560004. …APPELLANTS
(BY SRI T V VIJAY RAGHAVAN, ADVOCATE) (DEFENDANT NO.1 HYDER ALI KHAN IS NOT MADE PARTY SINCE HE DIED DURING THE PENDENCY OF THE SUIT AND HIS SONS ARE ALREADY ON RECORD IN THEIR INDIVIDUAL CAPACITY AS DEFENDANT NO.2 AND 3) AND: MRS. KAUSER SAYEED W/O MR.SYED MUNAWAR, AGED ABOUT 50 YEARS, RESIDING AT NO.34, KANAKAPURA ROAD, BASAVANAGUDI, BANGALORE - 560 004. …RESPONDENT
(BY SRI MOHAMMED NAWAZ SHARIFF, ADVOCATE FOR SRI K N SUBBA REDDY, ADVOCATE FOR C/R (CP 73/13))
Digitally signed by PRAMILA G V Location: HIGH COURT OF KARNATAKA
- 2 -
NC: 2024:KHC:8380 RFA No. 179 of 2013
THIS RFA IS FILED U/S 96 OF CPC, AGAINST THE JUDGEMENT AND DECREE DATED 31.10.2012 PASSED IN O.S.NO.8778/1995 ON THE FILE OF XIV ADDITIONAL CITY CIVIL JUDGE, BANGALORE, DECREEING THE SUIT FILED FOR DECLARATION AND POSSESSION.
THIS APPEAL COMING ON FOR REPORTING SETTLEMENT THIS DAY THE COURT DELIVERED THE FOLLOWING: ORDER
RFA No.178/2013 is declubbed from RFA No.179/2013. 2. Learned counsel for the appellants and the learned counsel for the respondent are present. 3. This appeal is arising out the judgment and decree passed in O.S.No.8778/1995 on the file of the XIV Additional City Civil Judge, Bengaluru. The suit was one for declaration and possession and mesne profit. The plaintiff claimed right over the property on the basis of the gift executed by her uncle. The suit is decreed. The defence of the defendants that there was prior oral gift in their favour was rejected by the Trial Court. The defendants filed an appeal before this Court. 4. Compromise petition is filed under Order XXIII Rule 3 read with Section 151 of Code of Civil Procedure.
- 3 -
NC: 2024:KHC:8380 RFA No. 179 of 2013
Learned counsel for the appellants and the learned counsel appearing for the respondent jointly submit that the parties have amicably settled the dispute and they are present before this Court and have identified by their respective counsels. 6. The Compromise petition is filed incorporating the terms and conditions of the settlement. The Compromise Petition is signed by the parties and their respective counsel which is extracted hereunder: COMPROMISE/JOINT PETITION UNDER ORDER XXIII RULE 3 READ WITH SECTION 151 OF THE CODE OF CIVIL PROCEDURE:
The parties hereby submit that with the intervention of the family members, well wishers and friends the above appeal has been compromised between the parties under the following terms and conditions.
The appellants in the above appeal are the defendants and the respondents is the plaintiff in the suit filed before the XIV Additional City Civil Judge, Bengaluru in O.S.No.8778/1995. The respondent has sought for relief of Declaration, Possession and Mesne Profits in respect of the suit property which has been decreed by the trial court by a judgement and decree passed in O. S. No. 8778/1995 dated 31/10/2012. As against the said judgement and decree, the Appellants have preferred the above Appeal before this Hon'ble Court.
- 4 -
NC: 2024:KHC:8380 RFA No. 179 of 2013
The respondent in the above appeal is the owner of the Immovable Property comprising of land with a old building thereon being a portion of premises bearing Old No.17, now known as and bearing Corporation No.9, situated in Dr.Oomer Shariff Road, also known as Ranoji Rao Road, Basavanagudi, in Corporation Ward No. 50 (153), Bangalore, PID No. 50-74- 9, BBMP, bounded on the East by Property bearing No.9/1, sold by the L.R's of Mrs.Jameela Begum, West by Portion of the same Property belonging to L.R's of Mrs. Amthulla Begum, North by Dr.Oomer Shariff Road and South by Property bearing No 31, Ranoji Rao Road, belonging to Hyder Ali Khan, Measuring on the East 23.77 Mtrs., or 78 feet, West 23.77 Mtrs., or 78 feet, North 9.13 Mtrs., or 30 feet, South 9.116 Mtrs., or 30 feet, totally measuring 2340 Sq. ft., with a built up area of 333 Sq. ft., having acquired the same under a Hiba (Oral Gift) and confirmed by a Declaration dated 20th April 1983 executed by Late Mr. Ziaullah Mecci @ Minhajuddin Mecci.
The Respondent Mrs Kauser Sayeed being the absolute & lawful owner of the said property has found prospective purchasers MR. AYUB KHAN, (PAN ABLPK3135C/Aadhaar No 8256 2446 4140), Son of Mr SAMAD KHAN, aged about 65 years and MRS. NASREEN KHANUM, (PAN - ABYPK7414K/Aadhaar No 3672 6578 3629), Wife of Mr Ayub Khan, aged about 59 years both residing at No.25/26, 2nd Main, Dispensary Road, Kalasipalyam, Bangalore - 560 002. The said proposed Purchasers have agreed to purchase the suit schedule property for a total sale consideration of Rs. 1,70,00,000/- (Rupees One Crore Seventy Lakhs only). The absolute sale deed in respect of the suit schedule property is to be registered and executed by the respondent herein, who is the absolute owner of the suit schedule property in favour of the said purchasers within 60 days of reporting and recording of this compromise before this Hon'ble Court. The appellants (1) & (2)
- 5 -
NC: 2024:KHC:8380 RFA No. 179 of 2013
herein have agreed to join and execute the aforesaid registered sale deed along with the respondent as Possession Holder and Confirming Parties who shall also be present before the concerned jurisdictional Sub-Registrar office on the date and time fixed for registration of the aforesaid registered sale deed. The said payment of Rs. 1,70,00,000/- (Rupees One Crore Seventy Lakhs Only) to be paid by the aforesaid purchasers as follows:-
a) Rs.1,35,00,000/- (Rupees One Crore thirty five lakhs Only) towards the Sale Price payable to the Respondent.
b) Rs.35,00,000/- (Rupees Thirty Five Lakhs Only) as consideration towards the delivery of the possession to the appellants
The Appellant 1 & 2 namely Masur Ali Khan and Salman Ali Khan are compensated by payment of Rs. 35 Lakhs on vacating and handing over the vacant possession of the suit schedule property to the purchaser the payment of which is payable by the said Purchasers Mr AYUB KHAN & Mrs NASREEN KHANUM is as follows:
i) Rs.17,50,000/- (Rupees Seventeen Lakhs Fifty Thousand only) shall be paid to Mr. Masrur Ali Khan as follows:-
a) Rs.17,32,500/- (Rupees Seventeen Lakhs Thirty Two Thousand Five Hundred only) by Demand Draft No. 503651, dated 16th February 2024 of ICICI Bank, Chickpet Branch, Bangalore
b) Rs.17,500/- being 1% TDS as per the Income Tax has been deducted and paid to the account of Masrur Ali Khan, vide Challan No. 24022700045574ICIC dated 27 February 2024 of ICICI Bank, Chickpet Branch, Bangalore
- 6 -
NC: 2024:KHC:8380 RFA No. 179 of 2013
ii) Rs. 17,50,000/- (Rupees Seventeen Lakhs Fifty Thousand only) paid to Mr. Salman Ali Khan as follows:-
a) Rs.17,32,500/- (Rupees Seventeen Lakhs Thirty Two Thousand Five Hundred only) by Demand Draft No. 503649, dated 15th February 2024 of ICICI Bank, Chickpet Branch, Bangalore
b) Rs. 17,500/- being 1% TDS as per the Income Tax has been deducted and paid to the account of Salman Ali Khan, vide Challan No.24022700052887ICIC dated 27 February 2024 of ICICI Bank, Chickpet Branch, Bangalore
The aforesaid Demand Drafts shall be handed over to the appellants on the date fixed for Registration of the suit property.
The balance of Rs. 1.35 Crores (Rupees One Crore Thirty Five Lakhs only) is payable by the Purchasers to the Respondent in the following manner:
A) As against the sum of Rs. 1,35,00,000/- (Rupees One Crore Thirty Five Lakhs only) the respondent has received
a) A sum of Rs. 25,00,000/- (Rupees Twenty Five Lakhs only) by Cheque No. 000298 dated 23/1/2024, drawn on ICICI Bank, Chickpet Branch, Bangalore, which is hereby acknowledged the receipt of the same. The balance sum of Rs. 1,10,00,000/- shall be payable as follows;-
b) Rs.1,08,65,000/- (Rupees One Crore Eight Lakhs Sixty Five Thousand only) by Demand Draft No. 503648, dated 13th February 2024 of ICICI Bank, Chickpet Branch, Bangalore which shall be handed over to the respondent on the date of Registration
c) Rs.1,35,000/- (Rupees One Lakh Thirty Five Lakhs only) being 1% TDS as per the Income Tax has been
- 7 -
NC: 2024:KHC:8380 RFA No. 179 of 2013
deducted from out of the sale price and paid to the Account of the Vendor (Respondent) vide Challan No 24022700054750ICIC dated 27 February 2024 of ICICI Bank, Chickpet Branch, Bangalore
The aforesaid sum of Rs. 1,08,65,000/- is payable to the aforesaid respondent by the Purchasers before the concerned sub-registrar on the - and date fixed for the registration of the sale deed to be executed jointly by the Respondent and the Appellants as consenting parties in favour of the aforesaid Purchasers.
The appellants concede the right of ownership of the said property in favour of the respondent and that they shall not assert nor claim any right over the suit property hereinafter.
The Appellants shall handover the possession of the suit property to the Purchasers on date of the execution and registration of the sale deed in favour of the said purchasers.
WHEREFORE the appellants and the respondent herein pray this Hon'ble Court to be pleased to dispose off the appeal in terms of this compromise petition to meet the ends of justice and equity."
This Court has perused the terms of the settlement and also made an enquiry with the parties who are present before this Court. The parties admit that they have voluntarily entered into settlement after understanding the terms and conditions.
- 8 -
NC: 2024:KHC:8380 RFA No. 179 of 2013
This Court does not find any impediment to accept the Compromise Petition.
Accepting the compromise, the impugned judgment and decree are confirmed.
Hence, the following: ORDER (i) The impugned judgment and decree dated 31.10.2012 in O.S.No.8778/1995 on the file of the XIV Additional City Civil Judge, Bengaluru stands confirmed.
(ii) The appellants are entitled to the amount mentioned in the Compromise Petition which is agreed to be paid by the purchaser of the property to whom the respondent is intending to sell the property.
(iii) Accordingly, the appeal is disposed of in terms of Compromise Petition.
(iv) Appellants are entitled to refund of Court fee.
Sd/- JUDGE GVP