IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 26^TH DAY OF FEBRUARY 2021

BEFORE

THE HON’BLE MR. JUSTICE B. M. SHYAM PRASAD

REGULAR FIRST APPEAL NO. 464/2012

BETWEEN :

RAFEEQUE PASHA

SON OF V. P. AMANULLA

AGED 28 YEARS, R/AT NO. 1066,

VIJINAPURA MAIN ROAD

DOORVANI NAGAR

BENGALURU – 560 016.

... APPELLANT

(By SRI. A VIJAYAKUMAR BHAT., ADVOCATE)

AND :

1.

C. M. JAGADEESH

SON OF LATE C. L. MUNISIDRISHNAPPA

AGE: 40 YEARS"LINGEGOWDA BUILDING"

VIJINAPURA, DOORAVANINAGARA POST

BENGALURU – 560 016.

2.

SYED ANWAR

SON OF FAREED SAB

AGE: 58 YEARS, PLAT FORM ROAD,

VIJINAPURA MAIN ROAD

DOORVANI NAGAR, BENGALURU – 560 016.

3.

AMANULLA KHAN

AGE: 53 YEARS

R/AT NO. 1066

VIJINAPURA MAIN ROAD

DOORVANI NAGAR

2

BENGALURU – 560 016.

... RESPONDENTS

(By SRI.H. KANTHARAJA, ADVOCATE FOR R1;

APPEAL AS AGAINST R2 & R3 DISMISSED)

THIS APPEAL IS FILED UNDER ORDER-41, RULE-1,

R/W, SEC. 96 OF CPC; AGAINST THE JUDGMENT AND

DECREE DATED 31.01.2012 PASSED IN O.S. 8509/2006

ON THE FILE OF THE V-ADDL. CITY CIVIL JUDGE,

BENGALURU,

DECREEING

THE

SUIT

FOR

THE

DECLARATION AND PERMANENT INJUCTION.

THIS APPEAL COMING ON FOR ORDERS, THIS DAY,

THE COURT DELIVERED THE FOLLOWING:

ORDER

This appeal is by one of the defendants in OS

No.8509/2006 on the file of the V Additional City Civil

and Sessions Judge, Bengaluru (for short ‘the civil

Court’). The first respondent/plaintiff’s suit is for

declaration that the first respondent/plaintiff is the

owner of the suit schedule ‘B’ property with other

consequential relief/s. The parties are present before

the Court and they file a compromise petition under

Order XXIII Rule 3 of the Code of Civil Procedure, 1908

which reads as follows:

3

“At the instance of well wishers of both

the parties, the above case is compromised

under the following terms and conditions.

1.

The above appeal is a Defendants appeal, the

respondent/plaintiff filed O.S. No. 8510/2006

before the City Civil Judge, Bangalore for

declaration and for possession in respect of

property bearing Nos. 2 and 3 old No. 66/3,

House List Khata No. 108/215, situated at

Vijinapura @ Kothur Village, K.R. Puram Hobli,

comes within the Jurisdiction of K.R. Puram

CMC,

Bangalore

East

Taluk

(previously

Bangalore South Taluk) measuring East to West

60 feet and North to South 40 fee and the said

suit

was

decreed

by

declaring

the

respondent/plaintiff is the owner of above said

property and directed the appellant to hand over

the vacant possession. As against the said

Judgment and decree the above appeal is filed.

2.

In view of the settlement the respondent has no

objection to allow the said appeal by setting

aside the Judgment and decree in O.S. No.

8510/2006 on the file of the 5^th Addl. City Civil

Judge, Bangalore dated 31.01.2012 and the

respondent also prays for dismissal of the suit

O.S> No. 8510/2006.

3.

The

respondent

admits

the

title

of

the

Defendant/ appellant in respect of suit property

and also consented for the sale deed in favour of

the appellant under Sale deed dated 20.02.2006,

registered as Document No. KRI-1-19751/2005-

06, stored in CD No. KRID187, registered in the

office of the Sub-Registrar, K.R. Pura, Bangalore

by executing the confirmation deed dated

24.11.2016 under Doc. No. HLS-1-03918-2016-

4

17, stored in CD No. HLSD 139, dated

24.11.2016, registered in the office of the Sub-

Registrar, Shivajinagar, Bangalore in favour of

the appellant.

4.

The respondent also acknowledged the receipt of

Rs. 1,50,000/- from the appellant towards the

sale consideration amount of his sale deed,

under the said confirmation deed 24.11.2016

and the respondent relinquished his right under

his sale deed dated 19.03.1999, bearing Doc.

No. 9022/1998-99, registered in the office of

Sub-Registrar, K.R. Puram, Bangalore. “

3.

The parties who are identified by their