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. 463/2012

BETWEEN :

MUKTHIYAR PASHA

SON OF V P AMANULLA

AGED 36 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

2

R/AT NO. 1066

VIJINAPURA MAIN ROAD

DOORVANI NAGAR

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. 8510/2006

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:

J U D G M E N T

This appeal is by one of the defendants in OS

No.8510/2006 on the file of the V Additional City Civil

Judge, Bengaluru. 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.

3

2.

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:

“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.

4

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-

1-03918-2016-17, 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

re