- 1 - NC: 2025:KHC:11716-DB RFA No. 218 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF MARCH, 2025 PRESENT THE HON'BLE MR JUSTICE K.SOMASHEKAR AND THE HON'BLE MR JUSTICE VENKATESH NAIK T REGULAR FIRST APPEAL NO. 218 OF 2022 (DEC) BETWEEN: 1. SMT AFROZ UNNISA W/O LATE INAYATH UR REHMAN MUSLIM AGED 70 YEARS 2. MUNEER AHMED @ MANNU (WRONGLY NAMED AS ABDUL RAUF IN TRIAL COURT) S/O LATE INAYATH UR REHMAN MUSLIM AGED 42 YEARS, 3. MOHIDUR RAHAMAN @ BADDU, (WRONGLY NAMED AS MOHIB IN TRIAL COURT) S/O LATE INAYATH UR REHMAN MUSLIM AGED 40 YEARS 4. NAVEED AHMED @ CHUNNU S/O LT INAYATH UR REHMAN MUSLIM AGED 41 YEARS 5. SMT ASMA BANU, (WRONGLY NAMED AS ASMA IN TRIAL COURT) D/O LATE INAYATH UR REHMAN MUSLIM, AGED 38 YEARS 6. SMT UMME SALMA, (WRONGLY NAMED AS SALMA IN TRIAL COURT) D/O LATE INAYATH UR REHMAN MUSLIM AGED 36 YEARS Digitally signed by MOUNESHWARAPPA NAGARATHNA Location: High Court of Karnataka - 2 - NC: 2025:KHC:11716-DB RFA No. 218 of 2022 APPELLANTS 1 TO 6 ARE RESIDENTS OF LAKKUR VILLAGE, SOMAPURA HOBLI NELAMANGALA TALUK, BANGALORE RURAL DISTRICT. PRESENTLY R/AT NO.142, IV MAIN MINHAJ NAGAR, J P NAGAR, BANGALORE - 560078. …APPELLANTS (BY SRI T C SATHISHKUMAR, ADVOCATE) AND: 1. SHABBIR PASHA, S/O FAZLU REHAMAN @ FAZLU, MUSLIM AGED 35 YEARS 2. UMMAR PASHA, S/O FAZLU REHAMAN @ FAZLU, MUSLIM, AGED 33 YEARS 3. SMT NAYEEM UNNISA @ MUNNISA D/O FAZLU REHAMAN @ FAZLU MUSLIM, AGED 28 YEARS 4. SMT NAGEENA BANU, D/O FAZLU REHAMAN @ FAZLU, MUSLIM, AGED 29 YEARS 5. FIRDOSE, D/O FAZLU REHAMAN @ FAZLU, MUSLIM, AGED 25 YEARS ALL ARE R/AT 1ST CROSS ROAD, GOOD SHED COLONY, TUMKUR TOWN. 6. SMT FATHIMA BEE, W/O LATE FAZLU REHAMAN @ FAZLU SINCE DIED ON 27-05-2017 DURING PENDENCY OF OS 557/2013 AND LRS BENING RESPONDENTS 1 TO 5 HEREIN NOT BROUGHT ON RECORD BEFORE TRIAL COURT. …RESPONDENTS - 3 - NC: 2025:KHC:11716-DB RFA No. 218 of 2022 THIS RFA IS FILED UNDER SECTION 96 OF CPC AGAINST THE JUDGMENT AND DECREE DATED 23.12.2021 PASSED IN OS No.557/2013 ON THE FILE OF THE SENIOR CIVIL JUDGE, NELAMANGALA, DECREEING THE SUIT FOR DECLARATION. THIS APPEAL, COMING ON FOR ORDERS THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE K.SOMASHEKAR and HON'BLE MR JUSTICE VENKATESH NAIK T ORAL JUDGMENT (PER: HON'BLE MR JUSTICE K.SOMASHEKAR) Learned counsel for the appellants as well as the appellants No.1 to 6 are present. Learned counsel for the appellants filed a memo for withdrawal of the appeal. Appellants No.1 to 6 namely 1) Smt. Afroz Unnisa, 2) Sri Muneer Ahmed @ Mannu, 3) Sri Mohidur Rahaman @ Baddu, 4) Sri Naveed Ahmed @ Chunnu, 5) Smt. Asma Banu and 6) Smt. Umme Salma have signed the memo which is identified by their counsel. The contents of the memo are as under:- "MEMO OF THE APPELLANTS TO WITHDRAW THE APPEAL 1. The appellants respectfully submit that the respondents 1 to 6 are none other than their cousins. - 4 - NC: 2025:KHC:11716-DB RFA No. 218 of 2022 That is, the husband of appellant No.1 and the father of appellants 2 to 6/Late Inayath Ur Rehaman and the father of respondents 1 to 5 and husband of respondent No.6/Fazlu Rehaman @ Fazlu are the brothers. Infact, the respondent No.6 died on 27/5/2017 during pendency of original suit 557/2013, by leaving respondents 1 to 5 as her LR's. But for the trial court has passed the decree against the appellants herein by arraying the respondent No.6 as defendant No.2 in O.S.557/2013 without omitting her name even though she died prior to passing of judgment on 23.12.2021, by leaving the respondents 1 to 5 as her sole LR's. 2. In the context of both the appellants 1 to 6 and the respondents 1 to 5 are of the same family members, as cousins and have come forward to settle their dispute amicably and to end the litigations on the intervention of well wishers and relatives of both the families. The appellants 2 to 6 being educated and their positive thinking, impressed the mind of their mother appellant No.1 and for the respondents came forward and paid considerable amounts in Cash to the appellants 1 to 6 and on receipt of the said sums mentioned below by the respective parties from the respondents 1 to 5 have decided to withdraw the above appeal seeking to affirm the judgment and decree passed by the Senior Civil Judge & JMFC at Nelamangala in O.S.557/2013 in favor of the respondents 1 to 5 who are the plaintiffs 1 to 5 in the said suit. 3. 3. The name of the respondent No.6 in the appeal may be omitted for she died during pendency of the said suit before trial court on 27/5/2017, who was arrayed as defendant No.2 in the said suit and her LR's being the plaintiffs 1 to 5, who are very much on record before the trial court and are also before this court as respondents No.1 to 5, who are the Sons and Daughters of respondent No.6. - 5 - NC: 2025:KHC:11716-DB RFA No. 218 of 2022 4. The details of the amount received by the appellants herein from the respondents towards the full and final satisfaction to affirm the decree passed in O.S.557/2013 in favour of respondents 1 to 5 is as under; The appellant No.1/Smt.AFROZ UNNISA W/o Late Inayath Ur Rehman has received a sum of Rs.5,00,000/- (Rupees Five Lakhs only) in Cash from the respondents. The appellant No.2/ MUNEER AHMED @ MANNU S/o Late Inayath Ur Rehman has received a sum of Rs.5,00,000/- (Rupees Five Lakhs only) in Cash from the respondents. The appellant No. 3/ MOHIDUR RAHAMAN @ BADDU S/O Late Inayath Ur Rehman has received a sum of Rs. 5,00,000 (Rupees Five Lakhs only) in Cash from the respondents. The appellant. No.4/ NAVEED AHMED @ CHUNNU S/o Late Inayath Ur Rehman has received a sum of Rs. 5,00,000/- (Rupees Five Lakhs only) in Cash from the respondents. The appellant No.5/Smt.ASMA BANU D/O Late Inayath Ur Rehman has received a sum of Rs.2,50,000/- (Rupees Two Lakhs Fifty thousand only) in Cash from the respondents. The appellant No. 6/ Smt.UMME SALMA D/O Late Inayath Ur Rehman has received a sum of Rs.2,50,000/- (Rupees Two Lakhs Fifty thousand only) in Cash from the respondents. 5. The appellants herein above having received the aforesaid amounts individually in Cash, towards full and final satisfaction of their claim and sought to affirm the judgment and decree passed by the lower - 6 - NC: 2025:KHC:11716-DB RFA No. 218 of 2022 court in favour of respondents 1 to 5 in O.S.557/2013, by giving up their rights over the Suit property. The Appellants 1 to 6 prays this Hon'ble court for the aforesaid facts, are inclined to withdraw the pressed, to meet the ends of justice." 2. In view of the aforesaid memo, the appellants herein received the amount as full and final satisfaction and affirm the decree passed in O.S. No.557/2013 in favour of respondents No.1 to 5 which is stated in detail in para 1 to 5 of the memo. 3. In view of the memo for withdrawal dated 20.03.2025, the appeal is dismissed as withdrawn. Sd/- (K.SOMASHEKAR) JUDGE Sd/- (VENKATESH NAIK T) JUDGE CHS/List No.: 1 Sl No.: 7