- 1 - NC: 2025:KHC:14279 RSA No. 372 of 2011 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE RAVI V HOSMANI REGULAR SECOND APPEAL NO. 372 OF 2011 (DEC & INJ) BETWEEN: SMT ASCES PINTO W/O BAPTIST PINTO AGED ABOUT 77 YEARS R/O BANNUR VILLAGE PUTTUR TALUK DHAKSHINA KANNADA DISTRICT – 577201. …APPELLANT (BY SRI. R GOPAL, ADVOCATE) AND: 1. 1(a) 1b) ABDUL GAFFOR SAHEB S/O KARIM SAHEB AGED ABOUT 65 YEARS R/O INDRAJE HOUSE POST MUPPERIA VILLAGE, SULLIA TALUK PINCODE – 574 239. SINCE DEAD BY LRS MEHRUNISA W/O LATE ABDUL GAFOOR SAHEB AGED ABOUT 68 YEARS, R/O INDRAJE HOUSE MUPPERIA - POST & VILLAGE SULLIA-TALUK, DAKSHINA KANNADA, PINCODE -574212 MOHAMAD FAROOQ S/O LATE ABDUL GAFOOR SAHEB AGED ABOUT 50 YEARS R/O INDRAJE HOUSE Digitally signed by SREEDHARAN BANGALORE SUSHMA LAKSHMI Location: High Court of Karnataka - 2 - NC: 2025:KHC:14279 RSA No. 372 of 2011 1(c) 1(d) 1(e) 1(f) 1(g) MUPPERIA - POST & VILLAGE SULLIA-TALUK, DAKSHINA KANNADA PINCODE -574212 NAZIMUNNISA PATEL W/O PATEL RAFEEQ AHAMAD D/O LATE ABDUL GAFOOR SAHEB AGED ABOUT 48 YEARS R/O NO. 5-222-2, ADARSH NAGAR KAIKAMBA, KINNIKAMBLA – POST KANDAVARA, MANGALORE PINCODE – 574151 ABDUL RAHIM S/O LATE ABDUL GAFOOR SAHEB AGED ABOUT 46 YEARS R/O INDRAJE HOUSE MUPPERIA - POST & VILLAGE SULLIA-TALUK, DAKSHINA KANNADA PINCODE -574212 YUNUS S/O LATE ABDUL GAFOOR SAHEB AGED ABOUT 43 YEARS R/O INDRAJE HOUSE MUPPERIA - POST & VILLAGE, SULLIA-TALUK DAKSHINA KANNADA, PIN CODE -574212 SHEIK FAHRID S/O LATE ABDUL GAFOOR SAHEB AGED ABOUT 41 YEARS R/O INDRAJE HOUSE MUPPERIA - POST & VILLAGE SULLIA-TALUK, DAKSHINA KANNADA PIN CODE-574212 RESHMA THAHEER HUSSAIN W/O THAHEER HUSSAIN D/O LATE ABDUL GAFOOR SAHEB AGED ABOUT 39 YEARS R/O RM VILLA DOOR NO. 25251862, JEPPU - 3 - NC: 2025:KHC:14279 RSA No. 372 of 2011 1(h) 1(i) KUTTUPADY ROAD, KANKANADY MANGALORE – 575002 SHAIN W/O SHEIK IMDAD AHAMAD D/O LATE ABDUL GAFOOR SAHEB AGED ABOUT 36 YEARS R/O 1-9-(1) BATRAKERE, PERMUDE MANGALORE – 574509 ABDUL KAREEM S/O LATE ABDUL GAFOOR SAHEB AGED ABOUT 32 YEARS, R/O INDRAJE HOUSE, MUPPERIA - POST & VILLAGE, SULLIA-TALUK, DAKSHINA KANNADA, PIN CODE -574212 2. 2(a) 2(b) 2(c) 2(c)(i) SMT. SAFRAMBI SINCE DEAD BY LRS ABDUL RAHIMAN AGED ABOUT 42 YEARS ABDUL LATHIEF AGED ABOUT 40 YEARS ABDUL SUBAHAN AGED ABOUT 38 YEARS SINCE DEAD BY BELOW MENTIONED LRs (AS PER ORDER DATED 10-03-2022 ON I.A. NO.1 TO 3/2013) SHAMEEM BHANU W/O LATE ABDUL SUBAHAN AGED ABOUT 35 YEARS R/O N.C ROAD HOUSE KAVALKATTE POST BANTWAL-TALUK PINCODE – 574 211. - 4 - NC: 2025:KHC:14279 RSA No. 372 of 2011 2(c)(ii) 2(d) SHABNAM D/O LATE ABDUL SUBAHAN AGED ABOUT 11 YEARS SINCE MINOR REPRESENTED BY NATURAL GUARDIAN/MOTHER SHAMEEM BHANU R/O N.C ROAD HOUSE KAVALKATTE POST BANTWAL-TALUK PINCODE – 574 211. NOOR MOHAMMED AGED ABOUT 36 YEARS RESPONDENTS 2(a) TO 2(d) ARE R/O KAMLA BETTU HOUSE & POST BANTWAL TALUK PINCODE – 574 211. …RESPONDENTS (BY SRI.VISHWANATH R HEGDE, ADVOCATE FOR LR’s OF R1(b)AND GPA HOLDER OF LR’s OF R1 (a, c TO i); V/O DATED 05/04/2013 NOTICE TO R2(d) IS HELD SUFFICIENT; V/O DATED 03/12/2015 NOTICE TO R2(a) IS HELD SUFFICIENT; V/O DATED 04/04/2019 NOTICE TO R2(b) IS HELD SUFFICIENT; R2(c)(i) AND R2(c)(ii) ARE SERVED) THIS RSA IS FILED UNDER SEC.100 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 18.10.2010 PASSED IN R.A.NO.34/04 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE, PUTTUR, D.K., AND TO PASS ORDER RESTORING THE JUDGMENT AND DECREE DATED 09.01.2004 PASSED IN O.S.NO.121/1996 ON THE FILE OF THE CIVIL JUDGE (JR.DN), PUTUR, D.K. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE RAVI V HOSMANI - 5 - NC: 2025:KHC:14279 RSA No. 372 of 2011 ORAL JUDGMENT Challenging Judgment and Decree dated 18.10.2010 passed in R.A.no.34/2004 by Principal Senior Civil Judge at Puttur, D.K, this appeal is filed. 2. Plaintiff filed suit in O.S.no.121/1996 for declaration and permanent injunction against appellant/defendant no.2. During pendency of appeal, appellant died and his legal representatives were brought on record. 3. Learned counsel for parties jointly submit that during pendency of this appeal, parties have entered into settlement which are recorded in compromise petition. 4. Learned counsel for appellant further submits that appellant was impleaded in suit after respondent no.2 herein had sold suit properties to appellant and therefore, presence of respondent no.2 and legal representatives herein would not be necessary. 5. It is submitted that Sri.Vijaykumar Ullas Lobo, General Power of Attorney holder is present before this Court on behalf of appellant and photocopy of power of attorney is - 6 - NC: 2025:KHC:14279 RSA No. 372 of 2011 appended to compromise petition. Original of same is perused and compared and returned. 6. Likewise, Sri.Mohamad Farooq, respondent no.1(b) is present and he is representing other legal representatives based on power of attorney. 7. Three separate power of attorneys are executed. Copies of power of attorneys are appended to compromise petition. Attorneys are identified by their respective counsel. 8. Parties are present and identified by their respective counsel. 9. On interaction, they stated that they have been explained terms of compromise and after understanding same, they have affirmed same out of their free will and volition without there being any threat, coercion or undue influence from anybody. 10. I have perused terms of settlement. Same are found to be lawful. 11. Compromise petition is taken on record. Appeal is allowed to extent and in terms of compromise petition, - 7 - NC: 2025:KHC:14279 RSA No. 372 of 2011 judgment and decree passed by first appellate Court is set aside. Judgment and decree passed by trial Court is restored. Registry to draw decree incorporating terms of compromise. Sd/- (RAVI V HOSMANI) JUDGE UN List No.: 1 Sl No.: 38