- 1 - HC-KAR NC: 2025:KHC:42158-DB RFA No. 1868 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF OCTOBER, 2025 PRESENT THE HON'BLE MRS. JUSTICE ANU SIVARAMAN AND THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL REGULAR FIRST APPEAL NO. 1868 OF 2025 (DEC/PAR) BETWEEN: 1. MR. AKBAR SHARIEF S/O LATE MOHAMMED IMAM SAB AGED ABOUT 73 YEARS, 2. MR. PYARU SHARIEF S/O AKBAR SHARIEF AGED ABOUT 43 YEARS, 3. MR. ASLAM SHARIEF S/O AKBAR SHARIEF, AGED ABOUT 40 YEARS 4. MR. AKRAM SHARIEF S/O AKBAR SHARIEF, AGED ABOUT 38 YEARS ALL THE APPELLANTS ARE RESIDING AT MADARIPALYA SHIVAMOGGA TALUK, SHIVAMOGGA DISTRICT- 577201. …APPELLANTS (BY SMT. PUSHPALATHA Y., ADVOCATE FOR SRI. KASHINATH J D., ADVOCATE) Digitally signed by CHANNEGOWDA PREMA Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:42158-DB RFA No. 1868 of 2025 AND: 1. MR. SUBHAN SHARIEF S/O LATE SOGANE MOHAMMED IMAM SAB AGED ABOUT 62 YEARS RESIDING AT NEAR NAGARAHALLI GAS GODOWN SULEBYLU, URGADUR POST, SHIVAMOGGA TALUK, SHIVAMOGGA DISTRICT - 577203. REPRESENTED BY HIS GPA HOLDER MR. GHOUSE SHARIEF S. S. S/O SUBHAN SHARIEF AGED ABOUT 37 YEARS RESIDING AT URGADURU VILLAGE, SHIVAMOGGA TALUK, SHIVAMOGGA DISTRICT - 577203. 2. MRS. BADARUNNISA W/O ABDUL RASHEED AGED ABOUT 65 YEARS, RESIDING AT TANK MOHALLA, 2ND CROSS, SHIVAMOGGA SHIVAMOGGA DISTRICT- 577201. 3. MR. MOHAMMED JAFAR SHARIEF S/O LATE SANAULLA SHARIEF AGED ABOUT 34 YEARS 4. MR. JABBAR SHARIEF S/O LATE SANAULLA SHARIEF AGED ABOUT 32 YEARS 5. MRS. SHAHISTA BEGUM - 3 - HC-KAR NC: 2025:KHC:42158-DB RFA No. 1868 of 2025 D/O LATE SANAULLA SHARIEF AGED ABOUT 27 YEARS 6. MR. SHANAWAZ SHARIEF S/O LATE SANAULLA SHARIEF AGED ABOUT 26 YEARS 7. MR. ASGAR ALI S/O LATE SANAULLA SHARIEF AGED ABOUT 23 YEARS 8. MRS. RUKSANA BANU D/O LATE SANAULLA SHARIEF AGED ABOUT 22 YEARS 9. MR. SINHAN SHARIEF S/O LATE SANAULLA SHARIEF AGED ABOUT 19 YEARS RESPONDENT NO.3 TO 9 ARE RESIDING AT HESHAM TRADERS, OPP. DANA PALACE, MATHUR ROAD, URGADUR POST, SHIVAMOGGA TALUK, SHIVAMOGGA DISTRICT - 577203. 10. THE SPECIAL LAND ACQUISITION OFFICER AND COMPETENT AUTHORITY OFFICE OF THE SPECIAL LAO, TUMKUR-SHIAMOGGA NATIONAL HIGHWAY - 206 N.T.ROAD, SHIVAMOGGA SHIAMOGGA DISTRICT - 577202. - 4 - HC-KAR NC: 2025:KHC:42158-DB RFA No. 1868 of 2025 11. MR. ABDUL BASHEER S/O LATE MOHAMMAD HUSSAIN SAB AGED ABOUT MAJOR, RESIDING AT MADARI PALYA, 2ND CROSS, URGADUR POST, SHIVAMOGGA TALUK, SHIVAMOGGA DISTRICT - 577201. …RESPONDENTS (BY SRI. LEELESH KRISHNA, ADVOCATE FOR C/R1; SRI KIRAN KUMAR, ADVOCATE FOR R2 TO R9 & R11; SRI SHOBIT SHETTY, ADVOCATE FOR R10) THIS RFA IS FILED UNDER SEC.96 R/W ORDER XLI, RULE-1 OF THE CPC., AGAINST THE JUDGMENT AND DECREE DATED 9.06.2025 PASSED IN OS NO.148/2017 ON THE FILE OF IIND ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, SHIVAMOGGA., DECREEING THE SUIT FOR DECLARATION AND PARTITION. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN and HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL - 5 - HC-KAR NC: 2025:KHC:42158-DB RFA No. 1868 of 2025 ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE VIJAYKUMAR A PATIL) This appeal is filed challenging the judgment and decree dated 09.06.2025 passed in O.S.No.148/2017 on the file of the II Additional Senior Civil Judge and JMFC, at Shivamogga. During the pendency of this appeal, the matter was referred to Mediation Centre at Shivamogga District for resolving the dispute amicably. 2. Smt. Pushpalatha Y., learned counsel for Shri. J D Kashinath., learned counsel appearing for the appellants as well as Shri. Kiran Kumar, learned counsel appearing for respondents No.2 to 9 and 11 submits that the parties have arrived at a settlement and the dispute is resolved at the Mediation Centre, Shivamogga District. The said Centre has drawn a memorandum of agreement under Section 89 of Code of Civil Procedure, 1908, read with Rule 24 and 25 of Karnataka Civil Procedure (Mediation) Rules, 2005 and the same is placed before this Court. 3. We have perused the terms of the compromise. We are satisfied that the terms of the compromise are as per law and not opposed to public policy. The learned counsels - 6 - HC-KAR NC: 2025:KHC:42158-DB RFA No. 1868 of 2025 representing the parties identify the presence of the parties before this Court and submit that all the parties who have signed the memorandum of compromise are present. We have ascertained the parties present and they express that the compromise is entered on their own volition. The said statement is placed on record. 4. The terms of compromise reads as under: "1. The parties above named beg to submit jointly as follows: 2. The aforesaid dispute was referred to mediation for resolving the dispute between the parties. In the course of mediation they have resolved their dispute and have agreed for following terms and conditions. 1. The respondent/plaintiff Subhan Shariff filed a suit for declaration, partition and separate possession and means profits against the defendants. After contest the suit in O.S.No. 148/2017 is decreed on the file of the Il Addl. Senior Civil Judge, Shivamogga dated:09-06-2025 as against judgment and decree, the defendants No.1 to 4 preferred this appeal. 3. In view of the terms and conditions both parties prayed that this Hon'ble court may be pleased to dispose the case in terms of the compromise petition/mediation agreement. 4. It is submitted that, during pendency of the appeal before the Hon'ble High Court of Karnataka the matter was referred to the Shivamogga District Mediation Center to resolve the dispute. Thereafter both parties agreed to settle the dispute in view of advice and opinion of the relatives, well wishers and villagers amicably between the parties with certain terms and conditions and ranks of the parties before the trial court mentioned as plaintiffs and the defendants during the course of mediation agreement. 5. It is submitted that, in pursuance of the mediation agreement/compromise the 1 defendant do not claim any right, title or share over the suit schedule property since the defendant No.3 to 4 are the sons of 1 defendant and the - 7 - HC-KAR NC: 2025:KHC:42158-DB RFA No. 1868 of 2025 defendant No.3 to 4 have allotted the share of his father-1st defendant. 6. It is submitted that, the defendant No.6, 8 to 12 are agreed to allot their respective share in the name of defendant No.7 Jabbar Sharif. 7. The plaintiff represented by his son GPA holder Gouse Shariff S.S. 8. Likewise defendant No.9 Shanwaz Shariff resided at Abroad he executed GPA to the defendant No.7 Jabbar Sharif who is none other than his own brother. 9. It is submitted that, the land bearing Sy.No.322/1 measuring to an extent of 10 guntas situated at Urgadur village, Nidige Hobli, Shivamogga Taluk allotted in favour of defendants No.6, 8, 9, 10, 11 and 12 and accordingly the defendants No.6, 8, 9 to 12 have agreed to allot the same in favour of defendant No.7 as per this compromise, the defendant No.6, 8, 9, 10, 11 and 12 shall not claim any share over the above 10 guntas of land the defendants No.6, 8, 9, 10, 11 and 12 also agreed to get khata and title in the name of defendant No.7 in view of this compromise petition. 10. In terms of the compromise petition, the properties allotted to respective sharers mentioned below. The properties allotted to the share of plaintiff Subhan Shariff i) 20 guntas [Twenty guntas] land in Sy.No.315/2 situated at Urgadur village, Nidige I Hobli, Shivamogga Taluk bounded by: East : Sy.No.312 West: Remaining property of Aslam Sharif and Akram Sharif North: Sy. No.317 and Sy.No.316 South: Sy.No.315/1 ii) The land measuring 26 guntas bearing Sy.No.313/3 situated at Urgadur village, Nidige I Hobli, Shivamogga Taluk bounded by: East : Sy.No.311 - 8 - HC-KAR NC: 2025:KHC:42158-DB RFA No. 1868 of 2025 West: Sy.No.315/1 North: SY.No.312 South: S.No.314 and remaining property in Sy.No.313/1 and 313/2 iii) The land measuring 06 guntas bearing Sy.No.313/2 out of 2 acres 04 guntas situated at Urgadur village, Nidige I Hobli, Shivamogga Taluk bounded by: East : The Land in Sy.No.311 West: Sy.No.313/1 North: SY.No.313/3 South: Land in Sy.No.313/2 iv) 1 acre of agricultural land out of 2 acres land in Sy.No.336 situated at Urgadur village, Nidige I Hobli, Shivamogga Taluk bounded by: East : Mattur Road West: Vaddinakoppa houses North: The property of Basheer Sab South: Remaining land of 1 acre now allotted to defendant No.6 to 12 bearing Sy.No.336. Share of Pyaru Shariff [defendant No.2] i) 25 guntas [Twenty Five guntas) land in Sy.No.322/1 of Urgadur village, Nidige I Hobli, Shivamogga Taluk bounded by: East : Sy.No.316 West: Sy.No.323 North: Sy.No.322/2 South: 0.3 guntas of land of Badrunnisa Share of Aslam Sharif and Akram Sharif [defendant No.3 and 4 jointly] i) 20 guntas [Twenty guntas] land in Sy.No.315/2 situated at Urgadur village, Nidige I Hobli, Shivamogga Taluk bounded by: - 9 - HC-KAR NC: 2025:KHC:42158-DB RFA No. 1868 of 2025 East : 0.20 guntas of land of Subhan Sharif West: Sy. No.352/2 North: Sy.No.316 South: Sy.No.315/1 ii) 3 acres 12 guntas [Three Acres Twelve guntas] land in Sy.No.237 situated at Urgadur village, Nidige I Hobli, Shivamogga Taluk bounded by: East : sy.No.239 West: Cart Road North: Sy. No.236 South: Sy.No.238 Share of Smt. Badrunnissa [defendant No.5] i) 03 guntas [Three guntas] land in Sy.No.322/1 situated at Urgadur village, Nidige I Hobli, Shivamogga Taluk bounded by: East : Sy.No.316 West: Sy. No.323 North: 0.25 guntas of lands of Pyaru Sharif South: 0.10 guntas of land of Jabbar Sharif and others ii) Vacant site measuring 60 X 75 ft. in Sy.No.85/2A1 situated at Kallahalli village, Kasaba II Hobli, Shivamogga Taluk bounded by: East : Municipal Road West: Conservancy North: Site No.8 South: Site No.6 Shares of Jabbar Shariff [defendant No.7] on behalf of defendant No.6 Mohammed Jafar Sharif, defendant No.8 Shahistha Begum, defendant No.9 Shanavaz Sharif, defendant No.10 Asgar Ali, defendant No.11 Ruksana Banu and defendant No. 12 Sinhan Shariff i) 10 guntas (Ten guntas) land in Sy.No.322/1 situated at Urgadur village, Nidige I Hobli, Shivamogga Taluk bounded by: - 10 - HC-KAR NC: 2025:KHC:42158-DB RFA No. 1868 of 2025 East : Sy. No.315 & Sy.No.316 West: Sy.No.323 North: 03 guntas land of Badrunnisa South: 25 guntas land of Pyaru Sharif ii) 1 acre of agricultural land out of 2 acres land in Sy.No.336 situated at Urgadur village, Nidige 1 Hobli, Shivamogga Taluk bounded by: East : Mattur Road West: Vaddinakoppa houses North: The remaining property allotted to the plaintiff Subhan Shariff bearing Sy. No.336 South: The border of Sulebailu village. Share of Abdul Basheer (defendant No.14] i) The entire 3 acres 19 guntas land in Sy.No.185 situated at Urgadur village, Nidige I Hobli, Shivamogga Taluk bounded by: East : Channel West: Remaining Property in Sy.No. 185 North: Sy.No. 187 South: Sy.No.184 10. It is submitted that, the plaintiff and defendants got divided their respective shares of schedule properties and put their possession since there is no phodi muchless 11-E sketch is not possible to produce along with this compromise petition, the parties are entitled to get change their respective names before the revenue authority for effect of change of khata and mutation in their respective names and are also entitled to get independent phodi/11-E sketch on their own costs without being blame with each other. 11. 11. It is further submit that, since some of the parties to the suit already gained their respective properties, their own name by independent capacity as a self acquired properties those properties are the absolute properties of their respective sharers in which neither the parties to the suit muchless their legal representatives nor their agents/successors entitled to - 11 - HC-KAR NC: 2025:KHC:42158-DB RFA No. 1868 of 2025 claim any share, right, title interest nor possession in future. It is further submit that, apart from the suit schedule properties no other properties are available for partition. All the properties are already included in the present suit, nothing properties was left except the blood relationship between the parties. 12. It is submitted that, though the suit is filed against the defendant No.13 who is a Special Land Acquisition Officer seeking the deposit the compensation amount in view of proposal of acquiring some portion of the suit schedule properties as on now no properties were acquired by the Special LAO. Hence, parties to the suit are agreed to withdraw the suit by filing a memo as not pressing any relief against the defendant No.13. It is further submitted that, the parties to the suit are entitled to get a compensation with respect to respective portion of the properties likely to be acquired by the Land Acquisition Officer in future by independent capacity to seek the compensation in their respective names. 13. It is submitted that, the plaintiff and defendants after read over the terms of the agreement and admitting the terms and conditions and put the signatures on the compromise petition without any force, undue influence or coercion." 5. In view of the aforesaid compromise, the appeal is allowed in terms of the memorandum of compromise entered between the parties. The Registry shall draw the decree. Sd/- (ANU SIVARAMAN) JUDGE Sd/- (VIJAYKUMAR A. PATIL) JUDGE RAK/-, List No.: 1 Sl No.: 43