K HUSSAIN SAB S/O SHAIKH UMAR SAB BY HIS LRS v. SHAIK KHATUN BEE W/O SHAIK UMAR SAB BY HER LRS
RFA/100019/2025 · 2025-04-16
Umesh M Adiga
body2025
DailyLaw.ai
[ 2025 DAILYLAW 2726 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 2726 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC-D:6531 RFA No. 100019 of 2025
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 16TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR. JUSTICE UMESH M ADIGA R.F.A. NO. 100019 OF 2025 (DEC) BETWEEN:
K. HUSSAIN SAB S/O. SHAIKH UMAR SAB BY HIS LRS.
SHARIFA BEE W/O. LATE K. HUSSAIN SAB BY HER LRS.
1.
SHAIK UMAR SAB S/O. LATE K. HUSSAIN SAB, AGE 48 YEARS, OCC: AGRICULTURE, R/O. OPP. QUBA MASJID, ARVIND NAGAR, HOSPET-583201.
2.
MR. VALI SAB S/O. LATE K. HUSSAIN SAB, AGE 46 YEARS, OCC: AGRICULTURE, R/O. AZAD NAGAR, WARD NO.22, 4TH CROSS, HOSPET-583201.
3.
MOHAMMAD GOUSE S/O. LATE K. HUSSAIN SAB, AGE 40 YEARS, OCC. AGRICULTURE, R/O. AZAD NAGAR, WARD NO.22, 4TH CROSS, HOSPET-583201.
4.
MUNNI BEE W/O. L.M.D. GOUSE, AGE 43 YEARS, OCC: AGRICULTURE, R/O. EL-ALISA, MARSAMATH ELAHI MASJID AREA, TQ AND DIST. BALLARI-583101.
5.
SALIMA M. D/O. LATE K. HUSSAIN SAB, AGE 26 YEARS, OCC: AGRICULTURE, R/O. AZAD NAGAR, WARD NO.22, 4TH CROSS, HOSPET-583201. …APPELLANTS (BY SRI. SADIQ N. GOODWALA, ADVOCATE) AND:
SHAIK KHATUN BEE W/O. SHAIK UMAR SAB BY HER LRS.
1.
K. NABI SAB S/O. K. ABDUL SAB,
Digitally signed by VISHAL NINGAPPA PATTIHAL Location: High Court of Karnataka, Dharwad Bench
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NC: 2025:KHC-D:6531 RFA No. 100019 of 2025
AGE 64 YEARS, OCC: AGRICULTURE, R/O. WARD NO.22, MAARIYAMMANHALLI VILLAGE, TQ. HOSPET-583101, DIST. BALLARI.
2.
ALLABAKSH S/O. LATE BANDI PEERA SAB, AGE 56 YEARS, OCC: AGRICULTURE, R/O. NADAGURTI VILLAGE, TQ. SANDUR, DIST. BALLARI-583101. …RESPONDENTS (BY SRI. HANUMANTHAREDDY SAHUKAR, ADV. FOR R1 & R2)
THIS REGULAR FIRST APPEAL IS FILED UNDER SECTION 96 READ WITH ORDER 41 RULE 1 OF CPC, PRAYING TO SET ASIDE THE
JUDGMENT AND DECREE DATED 30.10.2024 PASSED BY THE PRL.
SENIOR CIVIL JUDGE AND JMFC, HOSAPETE IN O.S NO.08/2013 BY ALLOWING THE APPEAL IN THE INTEREST OF JUSTICE.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE UMESH M ADIGA)
Appellant Nos.1 to 5 and respondent Nos.1 & 2,along with their respective advocates, are present before Court and have filed a joint compromise petition, which is duly signed by the appellants, respondent Nos1 & 2, and their respective advocates.
2. Enquired with the parties present before the Court. Both parties submit that they know and understood the contents of the compromise petition and therefore
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NC: 2025:KHC-D:6531 RFA No. 100019 of 2025
signed the said compromise petition and appeal could be
disposed of in terms of the compromise petition.
3. Appellants 1 to 5 submit that on behalf of all the appellants, two demand drafts totally for an amount of Rs.11,00,000/- (Rs.5,50,000/- each as mentioned in paragraph No.2 of the compromise petition), have been received by appellant No.3 in open Court in satisfaction of the terms of compromise As per the compromise petition by receiving the said amount appellants have given up their right over the subject matter of the suit.
4. Compromise appears to be legal, valid and voluntary. Hence it is accepted. Appeal is disposed of in terms of the compromise petition.
Draw decree accordingly. Compromise petition shall form part of the decree.
Sd/- (UMESH M ADIGA) JUDGE VNP /CT-AN List No.: 1 Sl No.: 55