- 1 - NC: 2025:KHC:8396-DB R.F.A. No.1338/2015 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF FEBRUARY, 2025 PRESENT THE HON'BLE MRS. JUSTICE ANU SIVARAMAN AND THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL REGULAR FIRST APPEAL NO.1338/2015 (PAR) BETWEEN: SMT. FATIMA DEAD BY HER LR'S. 1. SRI. MULKI AHMED AZEEZ S/O LATE AHMED BERRY AGED ABOUT 64 YEARS. 2. SRI. M.A. ISMAIL S/O MULKI AHMED AZEEZ AGED ABOUT 48 YEARS. 3. SRI. MULKI AZEEZ AHMED S/O MULKI AHMED AZEEZ AGED ABOUT 46 YEARS. 4. SRI. M.A. MOHAMMED RAFIQ S/O MULKI AHMED AZEEZ AGED ABOUT 44 YEARS. 5. SRI. M.A. IBRAHIM SHARIFF S/O MULKI AHMED AZEEZ AGED ABOUT 39 YEARS. 6. SRI. M.A. ABUBAKAR SIDDIQ S/O MULKI AHMED AZEEZ AGED ABOUT 37 YEARS. Digitally signed by ARSHIFA BAHAR KHANAM Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:8396-DB R.F.A. No.1338/2015 7. SMT. M.A. SHABANA AZMI D/O MULKI AHMED AZEEZ AGED ABOUT 30 YEARS. 8. SMT. M.A. SHABEENA BANU D/O MULKI AHMED AZEEZ AGED ABOUT 30 YEARS. ALL ARE R/O. #52, NEAR P AND T QUARTERS M.G. ROAD, UDAYAGIRI MYSURU-570019. …APPELLANTS (BY SRI. K.R. LINGARAJU, ADV.,) AND: 1. SMT. T.N. BHAGYA DEAD BY HER LR'S. 1(a) SRI. D. RUDRESH S/O D. HANUMANTHAPA AGED ABOUT 65 YEARS. 1(b) SMT. SMITHA D.R. D/O D. RUDRESH AGED ABOUT 38 YEARS. BOTH ARE R/O. #1688/9B, 6TH CROSS NEAR HEMAVATHI HOSPITAL ANJANAYA LAYOUT DAVANAGERE-577004. 2. T.N. JAYARAJENDRA S/O LATE T.N. NANJASHETTY AGED ABOUT 44 YEARS R/O. M/S. SRI. SHIRADI SAI PROVISION STORES M.G. ROAD NEAR STATE BANK OF MYSORE - 3 - NC: 2025:KHC:8396-DB R.F.A. No.1338/2015 OOSITE KVS COMPLEX GOWRIBIDANUR ROAD CHIKKABALLAPURA-562101. …RESPONDENTS (BY SRI. N. BYREGOWDA, ADV., FOR R1(a) & (b) R2 SERVED) THIS RFA IS FILED UNDER SEC.96 OF CPC., PRAYING TO SET ASIDE THE JUDGMENT AND DECREE PASSED BY THE LEARNED SENIOR CIVIL JUDGE AND JMFC AT KRISHNARAJAETE IN O.S.NO.21/2012 DATED 17.07.2015 AND REMAND BACK THE MATTER TO TRIAL COURT FOR FRESH TRIAL BY AFFORDING THE APPELLANT TO FILE WRITTEN STATEMENT & ETC. THIS APPEAL, COMING ON FOR REPORTING SETTLEMENT, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN and HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL) Sri.K.R.Lingaraju, learned counsel for the appellants and Sri.N.Byregowda, learned counsel for respondent Nos.1(a) & (b) submit that the parties to the appeal have settled their dispute amicably and filed a memo to that effect. 2. Memo reads as under: "The parties submit as follows: - 4 - NC: 2025:KHC:8396-DB R.F.A. No.1338/2015 1. The present appeal is filed challenging the judgment and decree dated 17.7.2015 passed in OS No.21/2012. 2. The deceased appellant (Fatima) is the defendant no.2 before the Trial Court and this appeal is restricted to item no.2 of the suit scheduled properties. It is submitted that the contesting respondents 1(a) to (b) are the legal heirs of deceased plaintiff (T.N. Bhagya). 3. The deceased appellant (Fatima) is a purchaser of Item No.2 of suit Schedule Properties from 1st defendant and mother of the plaintiff. 4. The contesting respondents 1(a) and (b) hereby give up their claim over suit item no.2. Hence, this memo. WHEREFORE, it is prayed that this Hon'ble Court may kindly be pleased to take this memo on record and modify the decree restricting the decree of partition only as against suit item no.1, in the interest of justice and equity." 3. Learned counsel appearing for either parties submit that the suit for partition filed by respondent No.1 was decreed in respect of two items of suit schedule properties and insofar as item No.2 of the suit schedule property is concerned, the contesting respondents No.1(a) & (b) have agreed to give up their claim over the said property and accordingly filed a memo. - 5 - NC: 2025:KHC:8396-DB R.F.A. No.1338/2015 4. In view of the said memo, the impugned judgment and decree of the trial Court dated 17.07.2015 passed in O.S.No.21/2012 is modified restraining the judgment only to the extent of item No.1 of the suit schedule properties i.e., Sy.No.66/Pai measuring 1 acre 28 guntas of land situated at Tagaduru, Seelanere Hobli, Krishnarajapet Taluk and insofar as item No.2 of the suit schedule properties, the impugned judgment of the trial Court is set aside. Accordingly, the appeal is disposed of. In view of disposal of the appeal, pending applications, if any, do not survive for consideration. Registry is directed to draw the modified decree accordingly. Sd/- (ANU SIVARAMAN) JUDGE Sd/- (VIJAYKUMAR A. PATIL) JUDGE BSR/List No.: 1 Sl No.: 63