- 1 - HC-KAR NC: 2025:KHC:19107 WP No. 1029 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 1029 OF 2022 (GM-CPC) BETWEEN: 1. USMAAN S/O LATE KAREEM KHAN AGED ABOUT 79 YEARS R/AT NO.948, 16TH MAIN BTM MICO LAYOUT, 2ND STAGE BENGALURU - 560 076 SINCE DEAD, REP. BY HIS LRS 1A. RAHMATHUNISA AGED ABOUT 68 YEARS W/O LATE USMAN KHAN R/AT NO.948, 16TH MAIN BTM LAYOUT, 2ND STAGE BENGALURU - 560 076. 1B. SAFI AHMED KHAN U AGED ABOUT 51 YEARS S/O LATE USMAN KHAN R/AT NO.948, 16TH MAIN BTM LAYOUT, 2ND STAGE BENGALURU - 560 076 1C. KAREEM KHAN AGED ABOUT 43 YEARS S/O LATE USMAN KHAN R/AT NO.948, 16TH MAIN Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:19107 WP No. 1029 of 2022 BTM LAYOUT, 2ND STAGE BENGALURU - 560 076 1D. NIKHATH PARVEEN AGED ABOUT 48 YEARS D/O USMAN KHAN R/AT NO.5, RATAN SINGH ROAD FRAZER TOWN, BENGALURU – 560 005. 2. SANJAY S/O RADHYBAL GUPTHA AGED ABOUT 59 YEARS R/AT NO.42, 6TH CROSS SWIMMING POOL EXTENSION MALLESWARAM, BENGALURU - 560 003. 3. MANISHA GUPTHA W/O SANJAY KUMAR GUPTHA AGED ABOUT 52 YEARS R/AT NO.42, 6TH CROSS SWIMMING POOL EXTENSION MALLESWARAM, BENGALURU - 560 003. 4. SRI RAHMAN SHAREEF S/O G.SARDAR SHAREEF AGED ABOUT 51 YEARS R/AT NO.5, RATAN SINGH ROAD FRAZER TOWN, BENGALURU - 560 005. CAUSE TITLE AMENDED VIDE COURT ORDER DATED 05.06.2025. …PETITIONERS (BY SRI UMA SHANKAR M. N., ADVOCATE) - 3 - HC-KAR NC: 2025:KHC:19107 WP No. 1029 of 2022 AND: 1. A.K.ABDUL NASAR S/O A.K.ABDUL KHALAQ AGED ABOUT 45 YEARS R/AT NO.44, DAVIS ROAD RICHARDS TOWN BENGALURU - 560 005. 2. MRS. SAHEEN RAJ D/O A.K.ABDUL KHALAQ W/O DR.MUKHTAT AHMED AGED ABOUT 40 YEARS R/AT NO.44, DAVIS ROAD RICHARDS TOWN BENGALURU - 560 005. 3. MRS. SHAWAR @ SHATAJ D/O A.K.ABDUL KHALAQ W/O M.A.K.TAYUB AGED ABOUT 38 YEARS R/AT NO.5, 14TH CROSS STREET SHASTRINAGAR, ADIYAR CHENNAI - 600 020. 4. MRS. SAYEEDA BEGUM @ HASEENA D/O A.K.ABDUL KHALAQ W/O MUNAVAR PASHA AGED ABOUT 36 YEARS R/AT NO.294, THIMMAIAH ROAD BENGALURU - 560 051. 5. MRS. DR.HUMAR RASHID D/O A.K.ABDUL KHALAQ W/O RASID AHMED KHAN - 4 - HC-KAR NC: 2025:KHC:19107 WP No. 1029 of 2022 DECEASED RESPONDENT NO.11 IS THE SOLE LR IS ON RECORD. 6. MRS. HAJIRA BEGUM A.K.ABDUL KHALAQ W/O KALEEM AHMED DELVI 7. MRS. SABEEHA D/O A.K.ABDUL KHALAQ 8. MRS. NASREEN TAJ D/O A.K.ABDUL KHALAQ W/O LATE IQBAL AHMED 9. MRS. SHAMEEM D/O A.K.ABDUL KHALAQ RESPONDENTS NO. 5 TO 9 ARE R/AT NO.44, DAVIS ROAD RICHARDS TOWN BENGALURU – 560 025. 10. SHAIK NASEER S/O A.A.DAWOOD AGED ABOUT R/AT NO.4, MOSQUE COMPLEX M.M.ROAD, FRAZER TOWN BENGALURU – 560 005. 11. DR. SANOBER KHAN D/O DR. HUMAR RASHID AGED ABOUT 25 YEARS RESIDING AT NO. 44 DAVIS ROAD, RICHARDS TOWN - 5 - HC-KAR NC: 2025:KHC:19107 WP No. 1029 of 2022 BENGALURU – 560 025. …RESPONDENTS (BY SRI A.S.MAHESHA, ADVOCATE FOR R1 TO R4, R6 TO R9 AND R11; SRI S.A.H.RAZVI, ADVOCATE FOR R10) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RECORDS OF FDP NO.05 OF 1997, PENDING ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND CJM AT RAMANAGARAM AND AFTER EXAMINING THE SAME QUASH AND SET ASIDE THE ORDER DATED 12TH NOVEMBER 2021 IN FDP NO.05 OF 1997 AT ANNEXURE-A PASSED BY THE PRINCIPAL SENIOR CIVIL JUDGE AND CJM AT RAMANAGARAM. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioners are before this Court calling in question an order dated 12.11.2021, passed by the Principal Senior Civil Judge and CJM, Ramanagaram, in F.D.P.No.05/1997, whereby, the report of the Commissioner is accepted in part, by determining of the properties scheduled therein, without holding any enquiry and taking assistance of the experts in determining the market value. - 6 - HC-KAR NC: 2025:KHC:19107 WP No. 1029 of 2022 2. Heard Sri Uma Shankar M.N, learned counsel for the petitioners, Sri A.S.Mahesha, learned counsel for respondent Nos.1 to 4, 6 to 9 and 11 and Sri S.A.H.Razvi, learned counsel for respondent No.10. 3. Learned counsel for the parties submit that the issue has been settled between the parties and file an application under Order XXIII, Rule 3 of CPC r/w Section 151 of the CPC along with a special power of attorney to indicate that respondent No.1 is authorized to appear on behalf of the respondents, to that effect. One of the terms and conditions of settlement is closure of the impugned proceedings. 4. The application under Order XXIII, Rule 3 of CPC r/w Section 151 of the CPC, reads as follows: “1. The 'Petitioners 1 to 4 and Respondent 10', namely (1) Mr. USMAN KHAN, (2) Mr. SANJAY KUMAR GUPTA, (3) Mrs. MANISHA GUPTA, (4) Mr. REHMAN SHARIFF (5) Mr. SHAIK NASEER and 'Respondents 1 to 9', namely Mr. ABDUL NASSER & OTHERS hereto confirm and declare that they have voluntarily and of their own free will arrived at this Compromise Petition in the presence of their respective counsel. - 7 - HC-KAR NC: 2025:KHC:19107 WP No. 1029 of 2022 2. The Petitioners 1 to 4, Respondent 10' and 'Respondents 1 to 9' do hereby have come to an agreement to settle the matter relating to 'schedule A property measuring 11,590 square feet marked as A-D-E- H-A in the sketch by dividing the property in terms of percentages in the following manner: a. RESPONDENTS 1 to 9, namely Mr. ABDUL NASSER & OTHERS shall be entitled for a 57.5% share in the entire property referred to as the 'schedule B property' hereunder with coordinates marked as A- C-F-H-A in the sketch measuring 6664.25 square feet. b. PETITIONERS 1 to 4 and RESPONDENT 10, namely (1) Mr. USMAN KHAN, (2) Mr. SANJAY KUMAR GUPTA, (3) Mrs. MANISHA GUPTA, (4) Mr. REHMAN SHARIFF, (5) Mr. SHAIK NASEER shall be entitled for a 42.5% share in the entire property referred to as the 'schedule C property' hereunder with coordinates marked as C-D-E-F-C in the sketch measuring 4925.75 square feet. The sketch for the above partition is mentioned on page 6 of this Compromise Petition. - 8 - HC-KAR NC: 2025:KHC:19107 WP No. 1029 of 2022 3. The 'Petitioners 1 to 4 and Respondent 10 are receiving 42.5% share in the property marked as C-D-E-F-C in the sketch measuring 4925.75 square feet and mentioned as 'schedule C property' hereunder in lieu of the sum of money which was previously directed by the Hon'ble High Court of Karnataka in W.P.No.51343/2014 dated 20-06- 2019 and The Prl. Senior Civil Judge and CJM at Ramanagaram in F.D.P.05/1997 dated 12-11-2021. The 'Respondents 1 to 9' are not obligated to pay the 'Petitioners 1 to 4 and Respondent 10' any monetary payment and both the parties mutually agree upon this. The 'Respondents 1 to 9' are receiving share in the property marked as B-C-F-G-B in the sketch measuring 4881.19 square feet and 'Petitioners 1 to 4 and Respondent 10' are not obligated to pay 'Respondents 1 to 9' any monetary payment and both the parties mutually agree upon this. 4. The 'Petitioners 1 to 4 and Respondent 10' are confirming that the portion with coordinates A-B-G-H-A marked in the sketch which is 1783.06 square feet in the 'schedule B property' is the inherited portion of the 'Respondents 1 to 9' as per order received in F.D.P.05/1997 on the file of Senior Civil Judge & CJM at Ramanagaram dated 31-07-2017 and also in R.A. No.47/2007 on the file of Third Additional District & Sessions Judge at Ramanagaram dated 22-02-2019 and this portion was not under any legal dispute. 5. The total area of the entire property mentioned in the Sale Deed dated 26-09-1951 registered as document No. 1369/51-52 of Book 1 in Volume 769 at pages 174 to 178 in the office of the Sub-Registrar, Bangalore Civil Station, Bangalore was found to be 11,590 square feet. If there is any difference in the area during marking and partition of the property, the percentages agreed upon by both the parties shall be kept constant, i.e. the 'Respondents 1 to 9' shall be entitled for 57.5% of the property boundaries as mentioned in 'schedule B property' and 'Petitioners 1 to 4 and Respondent 10' shall be entitled for 42.5% of the property boundaries as mentioned in 'schedule C property'. - 9 - HC-KAR NC: 2025:KHC:19107 WP No. 1029 of 2022 6. The 'Petitioners 1 to 4, Respondent 10' and 'Respondents 1 to 9' have mutually agreed to fix a convenient date for the measurement and marking of the property by a professional surveyor. 7. The 'Respondents 1 to 9' shall bear and pay the expenses relating to stamp duty, registration and conveyance charges in regard to the Settlement Deed for 4881.19 square feet only in the 'schedule B property' with coordinates B-C-F-G-B marked in the sketch. The remaining 1783.06 square feet in the 'schedule B property' with coordinates A-B-G-H-A marked in the sketch is the inherited portion of the 'Respondents 1 to 9' as per order received in F.D.P.05/1997 on the file of Senior Civil Judge & CJM at Ramanagaram dated 31-07- 2017 and also in R.A. No.47/2007 on the file of Third Additional District & Sessions Judge at Ramanagaram dated 22-02-2019. 8. The 'Petitioners 1 to 4 and Respondent 10' shall bear and pay the expenses, if any, relating to stamp duty, registration and conveyance charges in regard to the Deed of Sale for their 42.5% portion marked as 'schedule C property hereunder. 9. It is submitted that immediately after this Compromise Petition is recorded and accepted in W.P. No. 1029/2022 before the High Court of Karnataka, Bengaluru, the 'Petitioners 1 to 4 and Respondent 10' are at liberty to take possession of their share of the property mentioned as schedule C property' hereunder by demolishing the existing structure or building at their cost and Respondents 1 to 9' have agreed for the same. 10. It is submitted that after the submission of this present Compromise Petition, the 'Petitioners 1 to 4, Respondent 10' and 'Respondents 1 to 9' undertake not to raise any dispute, objections or demands through court proceedings or outside court proceedings and all the objections/disagreements in Writ Petition WP No.1029/2022 stand null and void. This Compromise Petition is full and final settlement of the claims of both the parties. - 10 - HC-KAR NC: 2025:KHC:19107 WP No. 1029 of 2022 This Compromise Petition may kindly be accepted and the same may kindly be treated as Final Decree in the case. 11. Both the parties have agreed to submit this Compromise Petition before the Hon'ble High Court of Karnataka for the disposal of the Writ Petition filed by the Petitioners 1 to 4, Respondent 10 in the Writ Petition number WP No.1029/2022 before The High Court of Karnataka, Bengaluru. 12. It is submitted that the 'Petitioners 1 to 4, Respondent 10' shall execute the Settlement Deed in favour of the 'Respondents 1 to 9' for 4881.19 square feet in the 'schedule B property' with coordinates B-C-F-G-B marked in the sketch and accordingly the 'Petitioners 1 to 4, Respondent 10' have signed the Settlement Deed on this day before This Hon'ble High Court and undertake to register the Settlement Deed as per the convenience of Respondents 1 to 9' or within 30 days from the date of this Compromise Petition failing to which the 'Respondents 1 to 9 are entitled to get the Settlement Deed duly executed through the process of the court before The Prl. Senior Civil Judge & CJM at Ramanagaram in F.D.P.05/1997. 13. It is submitted that both the parties have signed the application to be submitted to the BBMP for change of katha in their respective names in respect of their entitlement as per this Compromise Petition and both the parties have given NOC and the said applications are to be submitted to the corporation immediately after the Compromise Petition and both the parties have requested This Hon'ble Court to issue direction to the BBMP to enter their names in the property register of BBMP as per their entitlement mentioned in the compromise Petition and to issue katha by collecting necessary charges. 14. It is submitted that the Petitioners 1 to 4, Respondent No. 10, and Respondents 1 to 9 have mutually agreed to file appropriate memos before the Hon'ble Principal Senior Civil Judge and CJM at Ramanagaram in F.D.P. No. 05/1997. seeking closure of the said proceedings, in view of the fact that the matter has already been settled and compromised before this Hon'ble Court. Hence, no further proceedings are necessary before the FDP Court. - 11 - HC-KAR NC: 2025:KHC:19107 WP No. 1029 of 2022 _____________________________________________ SCHEDULE A PROPERTY (Description of the entire property) All that piece and parcel of residential property bearing Municipal No. 44, Old No. 8, earlier No. 12, situated on Davis Road, Ward No.19, Richards town, Bengaluru- 560084 measuring east to west 95 feet, North to South 122 feet and in total 11,590 square feet bounded as follows: East by : Private property West by : John Armstrong Road North by : Davis Road South by : Conservancy Lane ______________________________________________ SCHEDULE B PROPERTY (Description of the share of the 'Respondents 1 to 9' to be divided as per this Compromise Petition) 57.5% of the 'schedule A property' bearing Municipal No. 44, Old No. 8, earlier No. 12, situated on Davis Road, Ward No.19, Richards town, Bengaluru-560084 measuring east to west 95 feet, North to South 70.15 feet and in total 6664.25 square feet with coordinates A-C-F-H-A in the sketch and bounded as follows: East by : Private property West by : John Armstrong Road : North by : Davis Road South by : ortion of the same property belonging to 'Petitioners 1 to 4 and Respondent 10' mentioned as 'schedule C property' ______________________________________________ SCHEDULE C PROPERTY (Description of the share of the 'Petitioners 1 to 4 and Respondent 10' to be divided as per this Compromise Petition) - 12 - HC-KAR NC: 2025:KHC:19107 WP No. 1029 of 2022 42.5% of the 'schedule A property' bearing Municipal No. 44, Old No. 8, earlier No. 12, situated on Davis Road, Ward No.19, Richards town, Bengaluru-560084 measuring east to west 95 feet, North to South 51.85 feet and in total 4925.75 square feet with coordinates C-D-E-F-C in the sketch and bounded as follows: East by : Private property West by : John Armstrong Road North by : Portion of the same property belonging to 'Respondents 1 to 9' mentioned as 'schedule B property' South by : Conservancy Lane” ______________________________________________ In the light of the afore-quoted application entered into between the parties, I deem it appropriate to quash the impugned proceedings. 5. For the aforesaid reasons, the following: ORDER a. The writ petition is disposed. b. The order dated 12.11.2021, passed by the Principal Senior Civil Judge and CJM, Ramanagaram, in F.D.P.No.05/1997, stands quashed. - 13 - HC-KAR NC: 2025:KHC:19107 WP No. 1029 of 2022 c. It is needless to observe that the parties shall adhere to the terms and conditions of the settlement as quoted hereinabove. Sd/- (M.NAGAPRASANNA) JUDGE NVJ List No.: 3 Sl No.: 3 CT:SS