DAVANAGERE DISTRICT. (BY SRI.S.P. KULKARNI, SENIOR COUNSEL FOR SRI v. THUKARAMA RAO
Case Details
- 1 - NC: 2025:KHC:16145 RSA No. 358 of 2020 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE ASHOK S.KINAGI REGULAR SECOND APPEAL NO. 358 OF 2020 (SP) BETWEEN: 1. SRI MOHAMMED SAMIULLA S/O KALLEGAR HAMZA HUSSAIN SAB, AGED ABOUT 61 YEARS, AGRICULTURIST, R/O LASHKAR MOHALLA, CHANNAGIRI TOWN - 577 213 DAVANAGERE DISTRICT.
Legal Reasoning
(BY SRI.S.P. KULKARNI, SENIOR COUNSEL FOR SRI. V. THUKARAMA RAO, ADVOCATE) …APPELLANT AND: Digitally signed by SUNITHA K S Location: HIGH COURT OF KARNATAKA 1. 2. IQUBAL AHAMD @ YAKBAL AHAMMED S/O LATE SHARIEF SAB, AGED ABOUT 67 YEARS, JAJAM S/O LATE SHARIEF SAB, AGED ABOUT 65 YEARS, 3. ABADUL NAZEER AHAMED S/O LATE SHARIEF SAB, AGED ABOUT 63 YEARS, - 2 - NC: 2025:KHC:16145 RSA No. 358 of 2020 4. ABADUL GAFOOR S/O LATE SHARIEF SAB, AGED ABOUT 65 YEARS, R1 TO R4 ARE AGRICULTURISTS AND R/O MUSLIM STREET, HARIHAR TOWN - 577 601 DAVANAGERE DISTRICT. 5. THE SPECIAL LAND ACQUISITION OFFICER KARNATAKA HOUSING BOARD, BENGALURU - 560 033 6. AUTHORIZED OFFICER HOUSING BOARD OFFICE, D.C. OFFICE, CHITRADURGA - 577 501 (BY SRI. K.M. VASANTHAKUMAR, ADVOCATE FOR R1 TO R4 R5 AND R6 ARE DELETED VIDE ORDER DATED 17.04.2025) …RESPONDENTS THIS RSA IS FILED UNDER SECTION 100 OF CPC AGAINST THE JUDGMENT AND DECREE DATED 14.11.2019 PASSED IN RA.NO.43/2019 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, CHANNAGIRI DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 21.03.2019 PASSED IN OS.NO.303/2008 ON THE FILE OF THE PRINCIPAL CIVIL JUDGE AND JMFC, CHANNAGIRI. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE ASHOK S.KINAGI - 3 - NC: 2025:KHC:16145 RSA No. 358 of 2020 ORAL JUDGMENT Appellant and respondent No.1 are present before the Court. 2. Respondent No.1 is the power of attorney holder of respondent Nos.2 and 3 and appellant and respondent No.1 are identified by their respective counsel. 3. Appellant and respondents filed a Compromise petition which reads as under: "1. The ranks of the parties are shown in this Compromise Petition, as referred to in the suit O.S No.303/2008 filed before Principal Civil Judge, and JMFC, Channagiri, for the sake of convenience and dear understanding. 2. The plaintiff in the suit / Appellant herein viz., who is the sole Plaintiff in the Trial Court, filed the suit for Specific Performance of Contract in respect the Agreement of Sale dtd 5.6.1996 and Also for relief of Permanent Injunction, against the Defendants/Respondents 3. The Learned Prl. Civil Judge, Channagiri, after framing Issues, and after recording Evidence, dismissed suit filed by the Appellant/Plaintiff by its order 14.11.2019 - 4 - NC: 2025:KHC:16145 RSA No. 358 of 2020 4. The plaintiff/Appellant herein filed Regular Appeal in R.A.13/2019 before Senior Civil Judge and JMFC, Channagiri, Challenging the Judgment and Decree of Trail Court in O.S.303/2008. 5. The Senior Civil Judge and JMFC, Channegiri, vide his Judgment & Decree dismissed the appeal filed by the appellant herein, in RA No.43/2019 while confirming the dismissal of the suit and also granting of decree for counter-claim made by the respondents in the suit. 6. The Plaintiff who is the Appellant herein has filed the present Appeal in R.S.A No.358/2020 before this Hon'ble Court seeking setting aside the said Judgment and Decree of both the courts below and with a prayer to decree the suit filed by the plaintiff/Appellant. 7. This Hon'ble Court in the above Appeal, vide its Order dtd.26.11.2021, has issued Notice to all the parties while calling for records and Admitted the Appeal by framing substantial question of law. 8. It is submitted that during the pendency of the O.S.303/2008, the KIADB, had issued notification under KIADB Act, in the year 2018, acquiring the suit schedule property, along with other properties situated in Chennagiri. It is submitted that under the acquisition notification the Sy.n87/P2 which is suit schedule property was also notified. 9. It is submitted that when the matter was pending consideration in R.A.13/2019 before Senior Civil Judge and JMFC, Channagiri, the Appellant filed I.A. sought for impleadment of the Special Land Acqusition in regular appeal - 5 - NC: 2025:KHC:16145 RSA No. 358 of 2020 Officer, Karnataka Housing Board and Authorised officer, Housing Board Office, D.C.office, Chitradurga as party respondent. 10. It is submitted that the KIADB decided to allot/share the developed sites with the owners of the land, with ratio of 40:60 in lieu of monitory compensation for the Land Acquired under the KIADB Act. As per the Scheme of the KIADB, the owners of the Land whose land has been acquired, would get the 20 sites, each measuring 30X40 and, further 14 cites each measuring 30X45, in total 34 sites would be allotted to the Owner of land. 11. It is submitted that since the defendants have executed the agreement of sale in the 1996 in favour of the Plaintiff/Appellant, in the year 1996 after receiving substantial consideration amount, the parties now decided to share the suit schedule property which is now acquired by KIADB and sites have been made out of it. 12. When the facts stood so, all the parties to the Appeal have made Meetings and have resolved to settle the matter to gain mental peace to one and all in the family. All the parties to this Appeal have now readily and willingly consented to Share the schedule property which has been acquired by the KIADB and all the parties agreed that all the parties to the suit have common and joint right and interest over the suit schedule property. the 13. Now, after detailed discussion presence of elders and well wishers and conscious meeting of minds over the dispute, the plaintiff and the defendants have resolved their dispute once for all and have settled their claims in - 6 - NC: 2025:KHC:16145 RSA No. 358 of 2020 by means of this present Compromise Memo wherein of understanding are described therein which forms the part of Compromise Petition. details terms the the of 14. The present Compromise entered into between the plaintiff and the defendants consists of following Terms & Conditions being agreed to and acceded free consent and conscience by all the parties herein in the said regard, without any fear or influence being played by anyone upon them. to with I. Land bearing Re.Sy.No.87/P2 measuring 4 acres 37 guntas including two guntas Kharab, assessed at Rs.3.12 situated at Chikkulikere Village, Kasaba Hobli, Channagiri Tq., Davanagere Dist., bounded by: East : Land of Buden Sab. West : Remaining land in same Sy.No. North: Land of C. Buden Sab South:Land of Mudlappa As per the scheme of the KHB I.e., 40:60, the above land was bifurcated into several sites out of which 34 sites have fallen to the share of the owner of the land. As narrated in the above compromise petition the both appellant and respondents have agreed to share the sites which fall into the share of the owner. It is agreed that the sites which fallen to the share of the owner are distributed between appellant and respondent No.1 as follows Site Nos. 338, 339, 340, 341, 342, 345, 346, 347, 348, 349, all are measuring 30 x 40 Sq.ft. - 7 - NC: 2025:KHC:16145 RSA No. 358 of 2020 Nos. Sites and 382,383,384,385,386,387,388,389,390,391, all are measuring 30 x 45 Sq. Ft, the all above sites shall fall to the share of appellant herein. Sites Nos.324, 325, 326, 327, 328, 331,332, 333, 334, 335, all are measuring 30 X 40 Sq.Ft. and Site No. 378,379,380,381 measuring 30 x 45 Sq.ft, the all above sites shall fall to the share of respondent No.1 herein. Note: Respondents No.2 to 4 have executed General Power of Attorney favour of Respondent No.1, vesting all their rights in the schedule property with the Respondent No. 1. in Therefore, the plaintiff and the defendants in the suit who are parties as Resp. No.1 and Appellants herein have wilfully and voluntarily consented for the above said Compromise by settling the matter in the above terms and have signed the above Compromise Petition, and pray that the above Appeal may please be disposed of by recording the above Compromise entered into between the parties, in the interest of justice and equity. 4. The contents of the compromise petition is read over and explained to the appellant and respondent No.1 in the Hindi language known to them. They accepted the terms and conditions of the Compromise petition and prays to dispose of the appeal in terms of compromise petition. - 8 - NC: 2025:KHC:16145 RSA No. 358 of 2020 5. Memorandum of Compromise petition is taken on record. 6.
Decision
Appeal is disposed of in terms of compromise. 7. Office is directed to draw the decree in terms of Compromise. 8. In view of disposal of the appeal, IA.No.2/2020 does not survive for consideration. Accordingly, IA.No.2/2020 is disposed of. Sd/- (ASHOK S.KINAGI) JUDGE RCK List No.: 1 Sl No.: 8