Karnataka High Court
Taslam D/O Abubakar Maniyar vs Smt.Khairunabi W/O Shamsuddin Maniyar on 27 November, 2024
Author: M.G.S.Kamal
Bench: M.G.S.Kamal
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RSA No. 200433 of 2015
C/W RSA No. 200432 of 2015
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 27TH DAY OF NOVEMBER, 2024
BEFORE
THE HON'BLE MR. JUSTICE M.G.S.KAMAL
REGULAR SECOND APPEAL NO. 200433 OF 2015
(DEC/INJ)
C/W
REGULAR SECOND APPEAL NO. 200432 OF 2015
(DEC/INJ)
IN RSA.NO.200433/2015:
BETWEEN:
1. TASLAM D/O ABUBAKAR MANIYAR
W/O SHAMASHUDDIN MANIYAR,
AGE: 43 YEARS, OCC: HOUSEHOLD WORK,
Digitally signed
by SACHIN
Location: 2. ABDULRAZAK S/O SHAMASHUDDIN MANIYAR,
HIGH COURT AGE: 24 YEARS, OCC: NIL,
OF
KARNATAKA
3. GOUSAMODDIN S/O SHAMASHUDDIN MANIYAR,
AGE: 22 YEARS, OCC: NIL,
ALL ARE R/O. DEVAR HIPPARAGI,
TQ. SINDAGI DIST. VIJAYAPUR-586115.
...APPELLANTS
(BY SRI BAPUGOUDA SIDDAPPA, ADVOCATE)
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RSA No. 200433 of 2015
C/W RSA No. 200432 of 2015
AND:
1. SMT. KHAIRUNABI W/O SHAMSHUDDIN MANIYAR,
AGE: 52 YEARS, OCC: HOUSEHOLD WORK,
R/O. YALAWAR TQ. BASAVANA BAGEWADI,
DIST. VIJAYAPURA-586203.
2. ABDUL MUTALIB S/O SHAMSHUDDIN MANIYAR,
AGE: 31 YEARS, OCC: PRIVATE SERVICE,
R/O. YALAWAR TQ. BASAVANA BAGEWADI,
DIST. VIJAYAPURA-586203.
3. RESHMA D/O SHAMSHUDDIN MANIYAR
AGE: 28 YEARS, OCC: HOUSEHOLD WORK,
R/O. YALAWAR TQ. BASAVANA BAGEWADI,
DIST. VIJAYAPURA-586203.
4. MOHAMMED MUSTAFA
S/O SHAMSHUDDIN MANIYAR,
AGE: 24 YEARS, OCC: STUDENT,
R/O. YALAWAR TQ. BASAVANA BAGEWADI,
DIST. VIJAYAPURA-586203.
5. BIBIMAREEN @ BIBIMARIYAMMA
W/O ALLABAX ATTAR,
AGE: 53 YEARS, OCC: HOUSEHOLD WORK,
R/O. KONDAGULI, TQ. SINDAGI,
DIST. VIJAYAPURA-586120.
6. THE DEPUTY DIRECTOR OF PUBLIC INSTRUCTION
VIJAYAPURA, AT VIJAYAPURA-586101.
7. THE BLOCK EDUCATION OFFICER, SINDAGI
AT: SINDAGI, DIST. VIJAYAPURA-586128.
8. THE BRANCH MANAGER,
THE LIFE INSURANCE CORPORATION OF INDIA,
BASAVANA BAGEWADI BRANCH,
AT. BASAVANA BAGEWADI,
DIST. VIJAYAPURA-586203.
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NC: 2024:KHC-K:9008
RSA No. 200433 of 2015
C/W RSA No. 200432 of 2015
9. NABIRASUL S/O GOUSAMODDIN MANIYAR,
AGE: 56 YEARS, OCC: GOVERNMENT TEACHER,
R/O. EWS-175, NEAR SANTOSH MATA TEMPLE,
JALANAGAR, VIJAYAPURA-586109.
10. MUNIRABAI W/O DAWOOD TAMBOLI,
AGE: 52 YEARS, OCC: HOUSEHOLD WORK,
R/O. JALWADI, TQ. SINDAGI,
JALANAGAR, VIJAYAPURA-586120.
11. BIBIAYESHA W/O JILANI JAMADAR,
AGE: 52 YEARS, OCC: HOUSEHOLD WORK,
R/O. CHINCHALI, TQ. RAIBAG,
DIST. BELGAUM-591217.
12. ROSHANBI W/O GOUSMODDIN MANIYAR,
AGE: MAJOR, OCC: HOUSEHOLD WORK,
R/O. EWS-175 NEAR SANTOSH MATA TEMPLE,
JALANAGAR, VIJAYAPURA-586109.
DIED ON DATED 04.08-2021.
...RESPONDENTS
(BY SRI RAVI G. MADABHAVI, ADVOCATE FOR R1 TO R4
SRI G.G. CHAGASHETTI AND SRI L.T. PUJARI, ADVOCATES
FOR R5, R9 TO R11
V/O DTD. 12.11.24. R12 DEAD
R5, R9 TO R11 ARE TREATED AS LRS OF DECEASED R12;
SRI UDAY P. HONGUNTIKAR, ADVOCATE FOR R8
SRI SHESHADRI JAISHANKAR, AGA FOR R6 AND R7 )
THIS RSA IS FILED UNDER SECTION 100 OF CPC,
PRAYING TO SET ASIDE THE JUDGMENT AND DECREE PASSED
BY THE I ADDITIONAL DISTRICT JUDGE VIJAYAPUR IN
RA.NO.174/2011 DATED 30.10.2015. AND CONFIRM THE
JUDGMENT AND DECREE PASSED BY THE TRIAL COURT IN
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NC: 2024:KHC-K:9008
RSA No. 200433 of 2015
C/W RSA No. 200432 of 2015
OS.NO.81/2007 DATED 30.08.2011 ON THE FILE OF THE
SENIOR CIVIL JUDGE AND JMFC SINDAGI ALLOWING THE SUIT
OF THE PLANINTIFFS THEREIN.
IN RSA.NO.200432/2015:
BETWEEN:
1. TASLAM D/O ABUBAKAR MANIYAR,
W/O SHAMASHUDDIN MANIYAR,
AGE: 43 YEARS, OCC: HOUSEHOLD WORK
2. ABDULRAZAK S/O SHAMASHUDDIN MANIYAR,
AGE: 24 YEARS, OCC: NIL,
3. GOUSAMODDIN S/O SHAMASHUDDIN MANIYAR,
AGE: 22 YEARS, OCC: NIL,
ALL R/O. DEVAR HIPPARAGI,
TQ. SINDAGI, DIST. VIJAYAPURA-586115.
...APPELLANTS
(BY SRI BAPUGOUDA SIDDAPPA, ADVOCATE)
AND:
1. SMT. KHAIRUNABI W/O SHAMSHUDDIN MANIYAR,
AGE: 52 YEARS, OCC: HOUSEHOLD WORK,
R/O. YALAWAR TQ. BASAVANA BAGEWADI,
DIST. VIJAYAPURA-586203.
2. ABDUL MATALIB S/O SHAMSHUDDIN MANIYAR,
AGE: 31 YEARS, OCC: PRIVATE SERVICE,
R/O. YALAWAR TQ. BASAVANA BAGEWADI,
DIST. VIJAYAPURA-586203.
3. RESHMA D/O SHAMSHUDDIN MANIYAR,
AGE: 28 YEARS, OCC: HOUSEHOLD WORK,
R/O. YALAWAR TQ. BASAVANA BAGEWADI,
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NC: 2024:KHC-K:9008
RSA No. 200433 of 2015
C/W RSA No. 200432 of 2015
DIST. VIJAYAPURA-586203.
4. MOHAMMED MUSTAFA
S/O SHAMSHUDDIN MANIYAR,
AGE: 24 YEARS, OCC: STUDENT,
R/O. YALAWAR TQ. BASAVANA BAGEWADI,
DIST. VIJAYAPURA-586203.
5. BIBIMAREEN @ BIBIMARIYAMMA
W/O ALLABAX ATTAR,
AGE: 53 YEARS, OCC: HOUSEHOLD WORK,
R/O. KONDAGULI TQ. SINDAGI,
DIST. VIJAYAPURA-586120.
6. THE DEPUTY DIRECTOR OF PUBLIC INSTRUCTION
VIJAYAPURA, AT VIJAYAPURA-586101.
7. THE BLOCK EDUCATION OFFICER, SINDAGI
AT: SINDAGI DIST. VIJAYAPURA-586128.
8. THE BRANCH MANAGER,
THE LIFE INSURANCE CORPORATION OF INDIA,
BASAVANA BAGEWADI BRANCH,
AT. BASAVANA BAGEWADI,
DIST. VIJAYAPURA-586203.
9. NABIRASUL S/O GOUSAMODDIN MANIYAR,
AGE: 56 YEARS, OCC: GOVERNMENT TEACHER,
R/O. EWS-175, NEAR SANTOSH MATA TEMPLE,
JALANAGAR, VIJAYAPURA-586109.
10. MUNIRABI W/O DAWOOD TAMBOLI,
AGE: 52 YEARS, OCC: HOUSEHOLD WORK
R/O. JALAWADI, TQ. SINDAGI,
JALANAGAR, VIJAYAPURA-586120.
11. BIBIAYESHA W/O JILANI JAMADAR,
AGE: 52 YEARS, OCC: HOUSEHOLD WORK,
R/O. CHINCHALI, TQ. RAIBAG,
DIST. BELGAUM-591217.
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RSA No. 200433 of 2015
C/W RSA No. 200432 of 2015
12. ROSHANBI W/O GOUSMODDIN MANIYAR,
AGE: MAJOR, OCC: HOUSEHOLD WORK,
R/O. EWS-175, NEAR SANTOSH MATA TEMPLE,
JALANAGAR, VIJAYAPURA-586109.
DIED ON 04.08.2021.
13. THE KARNATAKA GOVERNMENT
INSURANCE OFFICE,
BEHIND BDA OFFICE,
JALANAGAR, VIJAYAPUR-586109.
...RESPONDENTS
(BY SRI RAVI G. MADABHAVI, ADVOCATE FOR R1 TO R4
SRI G. G. CHAGASHETTI AND SRI L.T. PUJARI, ADVOCATES
FOR R5, R9 TO R11
V/O DTD. 12.11.24 R12 DEAD R5, R9 TO R11 ARE
TREATED AS LRS OF R12
SRI UDAY P. HONGUNTIKAR, ADVOCATE FOR R8
SRI SHESHADRI JAISHANKAR, AGA FOR R6, R7 AND R13)
THIS RSA IS FILED UNDER SECTION 100 OF CPC,
PRAYING TO SET ASIDE THE JUDGMENT AND DECREE PASSED
BY THE I ADDITIONAL DISTRICT JUDGE VIJAYAPUR IN
RA.NO.173/2011 DATED 30.10.2015. AND CONFIRM THE
JUDGMENT AND DECREE PASSED BY THE TRIAL COURT IN
OS.NO.80/2007 DATED 30.08.2011 DISMISSING THE SUIT OF
THE PLAINTIFFS THEREIN.
THESE APPEALS, COMING ON FOR ADMISSION, THIS
DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
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RSA No. 200433 of 2015
C/W RSA No. 200432 of 2015
CORAM: HON'BLE MR. JUSTICE M.G.S.KAMAL
ORAL JUDGMENT
(PER: HON'BLE MR. JUSTICE M.G.S.KAMAL) RSA No.200432/2015 is filed by defendants No.1 to 3 in OS No.80/2007 aggrieved by the judgment and order dated 30.10.2015 Passed in RA No.173/2011 on the file of the First Additional District Judge, Vijayapur (hereinafter referred to as 'the First Appellate Court' for short), by which the First Appellate Court while allowing the said appeal set aside the judgment and decree dated 30.08.2011 passed in OS No.80/2007 on the file of Senior Civil Judge and JMFC, Sindagi (hereinafter referred to as 'the Trial Court' for short.
2. RSA No.200433/2015 is filed by the plaintiff in the said suit in OS No.81/2007 aggrieved by the judgment and order dated 30.10.2015 Passed by the First Appellate Court in RA No.174/2011 by which while allowing the said appeal set aside the judgment and decree dated -8- NC: 2024:KHC-K:9008 RSA No. 200433 of 2015 C/W RSA No. 200432 of 2015 30.08.2011 passed in OS No.81/2007 on the file of Senior Civil Judge and JMFC, Sindagi.
3. Brief facts of the case are that;
One Shamashuddin passed away on 19.08.2002 leaving him behind his two wives namely Khairunabi (the first wife) and Taslim (the second wife) and children namely Abdulmutalib, Reshma, Mohmmad Mustafa (children from his first wife) and Abdul Razak, Gousmohiddin (children from his second wife) and also mother Roshanbi, brother Nabirasul and sisters Bibimareen, Munirabi and Bibiayesha.
4. It appears that the dispute arose between the two wives and their respective children with regard to the estate left behind by said Shamshuddin. Consequently, suit in OS No.80/2007 is filed by the first wife Khairunbi and her children for relief of declaration of her status as his legally wedded wife and for entitlement of his estate.
Similar suit came to be filed by the second wife - Taslim and her children in OS No.81/2007. Even prior to filing of -9- NC: 2024:KHC-K:9008 RSA No. 200433 of 2015 C/W RSA No. 200432 of 2015 the two suits mother, brother and sisters of said Shamashuddin filed suit in OS No.79/2007 for partition and separate possession of the estate left behind said Shamshuddin.
5. The suit is filed by mother, brother and sisters in OS No.79/2007 came to be dismissed and no appeal has been preferred against the same. Suits in OS No.80/2007 and 81/2007 were partly decreed. Aggrieved by the same regular appeals were filed by the respective parties in RA Nos.173/2011 and 174/2011 on the file of the First Appellate Court, which were allowed. Being aggrieved by the said judgment and decree the parties are before this Court.
6. It appears with the intervention of the family members and well-wishers, parties have arrived at amicable resolution of matter and have accordingly filed the present application in IA No.1/2024 under Order XXIII Rule 3 of Code of Civil Procedure, amicably resolving the
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NC: 2024:KHC-K:9008 RSA No. 200433 of 2015 C/W RSA No. 200432 of 2015 dispute amongst themselves on the terms and conditions contend thereunder:
7. The terms and conditions agreed between the parties are extracted hereunder;
APPLICATION U/O XXIII RULE 3 OF C.P.C.
Herein, the appellants and respondent No. 1 to 5 and 9 to 11 file compromise petition as under;
1)The appellants as well as the respondents, being the members of one family, adhering to the advice of the elders and well wishers, have compromised, in terms which are set out as under;
A) The appellant No. 1 being the Second wife and the respondent No. 1 being the first wife of late Sri Shamshuddin S/o Gousemodin Maniyar and also the appellants No. 2 and 3 being the sons of late Shamshuddin Maniyar from the second wife and respondent No. 2 to 4 being the sons and a daughter of Shamshuddin Maniyar from the First Wife have came to an amicable settlement to share in suit properties and arrears of family pension due and payable 62.5% present to 1st wife and 37.5% to second wife out of the total amount due and payble the family pension amount to wives of late Shamshuddin Maniyar i.e. appellant No. 1 and Respondent No. 1 till 31-08-2024. After 31-08-2024 the entire family pension admissible shall go to respondent No. 1 only till her lifetime, i.e first wife.
B) Other than the family pension, the other benefits like GPF, KGID, GIS etc shall be paid to appellants No. 1, 37.5% and respondent No. 1, 62.5% share out of the
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NC: 2024:KHC-K:9008 RSA No. 200433 of 2015 C/W RSA No. 200432 of 2015 total amount disbursed by the proposed respondent no.13 C) The appellant No. 3 namely Gousemoddin shall make application for his appointment on compensatory grounds on account of death of his father Shamshuddin S/o Gousmodin Maniyar, who died on 19-08-2002 while in service, as a Urdu Primary School Teacher. For such an application the other respondents and appellants had given their consent, hence they have no objection for the same.
D) As regards the suit land R.S.No. 315/2 measuring 7A- 35 Gs of Kondaguli Village in Sindagi Taluk District Vijayapur is settled that, this land was jointly held by late Shamshuddin Maniyar and respondent No. 5 and 9 to 11. As per Mohammadan Law the respondent No. 9 Nabi Rasool S/o Gousemoddin Maniyar is the brother, whereas respondents No. 5, 10 and 11 are sisters, so there will be in all seven shares, wherein the respondent No. 9 shall get 2/7th share (i.e.2Acres-10 Gunthas). Late Shamshuddin Maniyar's share shall be 2/7th (i.e, 2 Acres 10 Gunthas) to which the appellants No. 1 to 3 and respondent No.1 to 4 together are entitled. Out of remaining 3/7th each of the respondent No.5, 10 and 11 will get 1/7th each share (i.e, 1A-05 Gs). The respondents No.5, 10 and 11 have given up each 5 Gunta land to the respondent No. 9. Hence the respondent No.5, 10 & 11 have their share to the extent of 1 Acre land only each and the respondent No.9 is entitled to total land of 02A- 25G, is admitted by the respondents No. 5, 9 to 11.
In this way the allotment of shares in the above said land shall be as under, after dividing the land East West.
a. Appellants No. 1 to 3 and respondent No 1 to 4 namely Tasleem, Abdul Razak, Gousemoddin Khairunbi, Abdul Mutalib, Reshma and Mohammad Mustafa together shall get 02 Acres 10 Gunthas land on the Northern side. i.e appellants No. 1 to 3 get 38 Gunta and respondent No.1 to 4 get 1A 12 Gunta land.
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NC: 2024:KHC-K:9008 RSA No. 200433 of 2015 C/W RSA No. 200432 of 2015 b. The respondent No. 10 Munirabi shall get 01 Acre- 00 Gunta land out of R.S.No: 315/2 on the Southern side of land allotted to appellants and respondents No. 1 to 4.
c. The respondent No. 11, Bibi Ayesha shall get 01 Acre- 00 Gunta land on the Southern side of land allotted to respondent No. 5.
d. The respondent No. 5, Bibi Mariyam shall get 01 Acre- 00 Gunta land on the Southern side of the land allotted to respondent No. 10.
e. The respondent No. 9 Nabirasool shall get 02 Acres- 25 Gunta on the Southern side of said land.
E) There is a house property bearing VPC No. 315, measuring 60' North South and 10' East - West at Kondaguli village in Devar Hippargi Taluk, which shall be divided East - West and the Northern portion to be given jointly to appellants No. 1 namely Tasleem, and respondent No. 1 Khairunbi each and Southern portion measuring 60 X 20 shall be given to respondent No. 9. Namely Nabirasool.
2) The respondent No. 12 namely Roshanbi has died on 04/08/2021. The share of respondent No.12 is got distributed among the legal heirs in this petition.
3) The parties to this petition are entitled to mutate their names in Revenue Records as above in the office of Tahasildar Devar Hipparagi and Gram Panchyat Kondguli.
4) The parties have agreed to give up their other claims and also agree to bear their own costs.
Hence it is humbly prayed that, the Hon'ble Court be pleased to set aside the Judgment and Decree passed by the trial courts in O.S.No: 80/2007, 79/2007 and 81/2007 of the court of Senior Civil Judge Sindagi and R.A.No: 173/2011 and 174/2011 of the court of I Additional District Judge, Vijayapur and order to draw the
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NC: 2024:KHC-K:9008 RSA No. 200433 of 2015 C/W RSA No. 200432 of 2015 compromise decree in above terms of this compromise petition.
8. The above compromise petition is accompanied by a survey sketch more fully delineating the shares of the parties in land bearing survey No.315/2 of Kondaguli village, Devarahipparagi Taluk, Vijayapura District, which is scanned and extracted hereunder for immediate reference.
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9. As regards the vacant site which is subject matter of the compromise, the Secretary of Grama Panchayath has given Vatani report.
10. The compromise petition is accompanied by the photo copies of the Adhar card of the respective parties.
The parties are personally present before this Court, duly represented by the respective counsel, who had identified their appearance.
11. This Court after having gone through the terms of the compromise also enquired with the parties with regard to their understanding with regard to the term of the compromise to which they have answered in the affirmative.
12. In the aforesaid facts and circumstances of the case, this Court do not see any reason to decline to accept the compromise petition. As such the same is taken on record. These two appeals are accordingly disposed of in terms of compromise; the judgment and decree passed by the Trial Court and the First Appellate Court are modified
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NC: 2024:KHC-K:9008 RSA No. 200433 of 2015 C/W RSA No. 200432 of 2015 to the extent compatible with the terms of the compromise.
13. Registry to draw decree accordingly.
14. In view of the aforesaid compromise, respondent Nos.6, 7 and 8 are directed to take necessary action in releasing the death cum retirement benefits of deceased Shamashuddin in favour of legal representatives, in terms of compromise recorded here-in-above.
Sd/-
(M.G.S.KAMAL) JUDGE KBM List No.: 1 Sl No.: 15 CT:PK