Smt Abida Begum vs Amanulla Sharief on 7 February, 2020

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Karnataka High Court

Smt Abida Begum vs Amanulla Sharief on 7 February, 2020

Bench: R Devdas

                          -1-



 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

     DATED THIS THE 7TH DAY OF FEBRUARY, 2020

                       BEFORE

        THE HON' BLE MR.JUSTICE R DEVDAS

               H.R.R.P. NO.17 OF 2018

BETWEEN

1.     SMT ABIDA BEGUM
       W/O NASURULLAH KHAN,
       R/O SINDHI COLONY,
       OLD BAR LINE ROAD,
       SHIVAMOGGA CITY-577201.

2.     SMT SAZIA AFTAB
       W/O SAIFULLAH KHAN,
       AGED ABOUT 42 YEARS
       C/O. SMT. ABIDA BEGUM,
       R/O SINDHI COLONY,
       OLD BAR LINE ROAD,
       SHIVAMOGGA CITY-577201.
                                        ...PETITIONERS
       (BY SRI SHOWRI H R, ADVOCATE)

AND

AMANULLA SHARIEF
S/O ABDUL JABBAR SHARIEF,
AGED ABOUT 47 YEARS,
R/O 2ND CROSS, PENSION MOHALLA,
SHIVAMOGGA CITY-577201.
                                         ...RESPONDENT
       (BY SRI R B SADASIVAPPA, ADVOCATE)

       THIS PETITION IS FILED UNDER SECTION 115 OF
CPC, AGAINST THE ORDER DATED:9.3.2018 PASSED IN
REVISION RENT PETITION NO.3/2016 ON THE FILE OF THE
III ADDL. SESSIONS JUDGE, SHIVAMOGGA, DISMISSING
THE PETITION AND CONFIRMING THE ORDER DATED
8.11.2016   PASSED IN HRC NO.31/2013 ON THE FILE OF
                                -2-



THE I ADDL. CIVIL JUDGE AND JMFC, SHIVAMOGGA,
ALLOWING THE PETITION FILED UNDER SEC.27(q) AND (r)
OF KARNATAKA RENT ACT, 1999.

     THIS PETITION COMING ON FOR FINAL HEARING THIS
DAY, THE COURT MADE THE FOLLOWING:



                               ORDER

R. DEVDAS J., (ORAL):

The parties along with the learned counsels have filed a joint memo stating that the long pending litigation has been resolved amicably under the following terms:

"1) The Respondent has agreed to sell the Petition Schedule Property to the petitioners herein and the petitioners herein have agreed to purchase the same, the sale deed is yet to be culminated and parties have agreed that the same shall be executed within a period of four months from today.

2) The Respondent herein has withdrawn the execution petition in EX No.30/2017, pending on the file of I Additional Civil Judge and JMFC Shivamogga by filing a joint memo dated 25.10.2019 and the Hon'ble Court of I Additional Civil Judge and JMFC -3- Shivamogga was pleased to accept the said memo and pass an order dismissing the Ex No.30/2017 vide order dated 25.10.2019.

Copy of the Joint Memo and the Order sheet in EX No.31/2017 are produced herewith as Documents No.1 and 2 for the Kind perusal of this Hon'ble Court.

3) As per the said Joint Memo dated 25.10.2019, the respondent herein has given his no-objection for the petitioners herein to withdraw Rs.5,50,000/- (Rupees Five lakh fifty thousand only) and 2,50,000/- ( Rupees Two lakh fifty thousand only) deposited by the respondent herein in HRC No.31/2013 and OS No.837/2011 respectively pending before the very same court.

4) The Respondent herein has agreed to and has no objection for the petitioners herein withdrawing Rs.1,95,000/-(Rupees one lakh ninety five thousand only) deposited by the petitioners herein before the Hon'ble Court on 11.02.2019 the compliance of the order dated 16.01.2019.

5) The petitioner herein has no objection for the Respondent receiving the following -4- original title documents in respect of Petition Schedule Property i.e. Property produced in HRC No.31/2013 and presently available before this Hon'ble Court in lower court record.

a. Original sale deed dated 17/12/2011(Ex.P1 in HRC No.31/2013) b. Tax paid receipt (Ex.P4 in HRC No.31/2013) c. Property right transfer order (Ex.P6 in HRC No.31/2013) d. Property tax register (Ex.P7 in HRC No.31/2013)

6) In terms of the above terms and conditions the petitioners and respondent herein have agreed to withdraw this petition."

2. In terms of paragraph No.4, the petitioners are permitted to withdraw Rs.1,95,000/-, which has been deposited by them before this Court on 11.02.2019. In terms of paragraph No.5, the -5- following original documents shall be handed over to the respondent while replacing the same with true copies.

3. Accordingly, the petition stands disposed of in terms of the joint memo.

4. The parties are directed to affix their signatures in the order sheet which shall be identified by their respective counsels.

SD/-

JUDGE KLY/

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