IN THE HEGH COURT OF KARNATAKA AT BANGALORE
EEATEID THIS THE 13"' my 09 NOVEMBER
BE FORE
THE HON'E3LE MR. JUSTICE s.N.sATymARA:{;mA T'
R. F.A.No.812i;'2eci§§'
BETWEEN
1 sm MARIYAMBI
W/o.HAJ: NABI
AGED ABOUT 70 YEARS
RfA.NO.?4,
SETUPALYA,
BANGALORE ANGRTH',1'.I\:i.UK q
. I *~.."_.1..,v.'A;>9ELLANT
(By KRIsH}4:@PA, ' 7
P;ND:_
sAi3* .....
_ sway; READ BY LR3
"A: 'V
-..%AGED.';.§.aQuT 65 $113.,
8)" BEHIM
AGES ABOUT 38 'ms. ,
KHAN
"AGED AEOUT 35 ms"
. 9) NOUMANI KHAN
AGED ABOUT 33 ms. ,
E) BUQANI KFIAN
AGED ABOUT 30 YRS. ,
F} DURRANI KHAN
KAYAfi€G§J'T§{§g V "
reportingt that the dispute between them Vin
respect of suit schedule property is emfleehifflp
resolved and pray for disposal of_this'sppeale
in terns of the said compromise" petitioni
which reads as under: ,_ '= v. p,I._" E
The appellant a_endw the_ xiegal
representatives of Vnthe trespondents
herein submit as fo1ioss;hW_ V” V
1. The t”appeIlentjhp*wss the
piaintiifi endh the. respondent was the
defendsnt ii? the “trial Court. The
eppeIlentl:_hed\t filed a suit for
.flmendatoryHR ______ N_injunction and for
yudeoiaretion and for possession of the
hpropertyw bearing No.74, Sy.No.82
i’meesnrihg 36 ii 130 feet but. deceased
udrespondent disputed the claim of the
mnV appellant contending it belongs to him
x’. tbearing house list No.1064 in
Sy.No.82/5 situated at Kayamgutta, Sait
Palya, Bangalore North Taluk.
2. Taking into consideration the long
pendency of the litigation, the friends
“Mu
the Northern side of the property whiehrp
is demarked in the letters AE?§ ‘and ; =
coloured in orange. Both the,eppellanti
and the legal representatives;«ofarther
respondent herein havedn no “_Q1aimrVn
whatsoever against.a eachx Vother__ in
future.
5. Both the happe1lantxiand*.the legal
representativesw.fof_g_theihfrespondent
herein shall he at iiherty to hold and
possessien their respective properties
desc§i5edVflbO§e and deal with the same
in_the like fiannerfincluding obtaining
Katha, Vpa§ingI”kandayam, putting up
V_eonstrQctions;*i to obtain licenses
‘é.sanetien~ plan or certain encumbrance
__ ppidfiherefore, the parties hereby pray
uzthat this Hon’b1e Court be pleased to
dispose off the above appeal by
hirecording the above terms of settlement
in the interest of justice and equity.
2. The parties have also produced a
sketch along with Compromise Petition showing
“”\
the properties which each of them agreee_to
take in terms of the compromise petitieng
The respondent concedes that the appeilantiisat
in possession of the per ion esftjp:e§§%:y_”
identified in GREEN colour is ehoen°asj$xpeeJ?C
in the sketch predficeép along_Vheith~m the *i
Compromise Petition. The freepondent_ fhrther
concedes that they have given qp their claim
in respect of the portion which is shown as
‘ABCD’ which fa identified by KYELLQW. Colour
in the :ske£chj*ahn§xee’ to the compromise
petition _’ini_ favoer of the appellant
,_ Smt¢¥ariambif«,W;n.turn, the appellant concede
ii that the respondents-1(a) to (g) are together
in xpeesessieh of property identified in
— ‘0R§HGE{ colour, which is marked as ‘AEFB’ in
“ig:he«_ sketch appended to the compromise
-f;petitiong_
3. The parties who are present before
the Court have also accepted the recital in
“”7
the compromise petition executed by alii of
them jointly, in confirmation of the sgmefzfieyf.
have affixed their signature in_~tfieototdet'”
sheet maintained in the appeel:fiemo;>t’i4
The appeal is diepoeefi ofTeocordieeigi :i
In view’ of the settiement”*ettieed at
between the part1es;..’L’i’jth%e”_i:ia§~}§é:1._;».}§fw.:_is Aterititled
to refund of the Cogrt tee fiei6joe§eppeal memo
as permiesioie}efiflei the fiérfietaka Court- Fees
and Suits VeieationiAot,_i§o8.
Sd/-3;
Fudge