- 1 - HC-KAR NC: 2025:KHC:54386 RFA No. 1383 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR REGULAR FIRST APPEAL NO. 1383 OF 2022 BETWEEN: SYED ANEES UR RAHMAN S/O LATE M S ABDUL RAHMAN AND SARTAJ BEGUM AGED ABOUT 42 YEARS R/AT APARTMENT NO.A-102 IN THE APARTMENT KNOWN AS ROSARY APARTMENT NO.97 ST JOHN'S CHURCH ROAD BANGALORE-560005. …APPELLANT (BY SRI. BIMBADHAR M.GOWDAR, ADVOCATE) AND: 1. MRS. KAUSER RAFIQ D/O LATE M S ABDUL RAHMAN AND SARTAJ BEGUM W/O LATE RAFIQ BAIG AGED ABOUT 51 YEARS R/AT NO.61/3, BSA ROAD 1ST CROSS BASAPPA LANE BANGALORE-560005. 2. MRS ISHRATH RAHMAN D/O LATE M S ABDUL RAHMAN Digitally signed by SREEDHARAN BANGALORE SUSHMA LAKSHMI Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:54386 RFA No. 1383 of 2022 AND SARTAJ BEGUM W/O MR SHAFIQ BAIG AGED ABOUT 48 YEARS R/AT NO.37/1 B-TYPE ROBERTSON ROAD FRAZER TOWN BANGALORE-560005. 3. MRS. MUSARATH SHARIFF D/O LATE M S ABDUL RAHMAN AND SARTAJ BEGUM W/O MR JALAL SHARIFF AGED ABOUT 43 YEARS R/AT NO.2/3 PLAIN STREET OFF INFANTRY ROAD BANGALORE-560001. …RESPONDENTS (BY SRI. NOORMOHAMMED, ADVOCATE FOR R1 TO R3) THIS RFA IS FILED UNDER SECTION 96 R/W ORDER 41 RULE 1 OF CPC TO SET ASIDE THE COUNTER CLAIM ORDER AND JUDGMENT PASSED BY THE CITY CIVIL JUDGE IN O.S No.4399/2015 OF THE DEFENDANT'S I.E. 1 TO 3 HEREIN THE RESPONDENTS I.E. 1 TO 3 AND ETC. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR - 3 - HC-KAR NC: 2025:KHC:54386 RFA No. 1383 of 2022 ORAL JUDGMENT 1. This appeal filed by the plaintiff in O.S No.4399/2015 is directed against the impugned judgment and decree dated 14.02.2022 in O.S No.4399/2015 passed by the XII Additional City Civil Judge, Bengaluru, whereby the said suit filed by the appellant/plaintiff against the respondents/defendants for partition and separate possession in which the respondents filed a counter claim was decreed by the trial Court in favour of the respondents/defendants against the appellant/plaintiff. 2. Aggrieved by the impugned judgment and decree insofar as it relates to decreeing the counter claim of the respondents/defendants against the appellant/plaintiff, the appellant/plaintiff is before this Court by way of the present appeal. 3. The matter having been referred to mediation, the parties have amicably settled the dispute among themselves in terms of a Memorandum of Settlement dated 01.09.2025, which reads as under: "MEMORANDUM OF SETTLEMENT UNDER SECTION 89 OF CPC READ WITH RULES 24 AND 25 OF THE KARNATAKA CIVIL ROCEDURE (MEDIATION) RULES, 2005 - 4 - HC-KAR NC: 2025:KHC:54386 RFA No. 1383 of 2022 I. The instant final decree proceedings are initiated by the petitioners herein seeking for actual division of scheduled properties by metes and bounds and to deliver vacant possession of their respective shares pursuant to the judgment and decree passed in O.S.No.4399/2015. Brief facts as admitted by the parties: The respondent herein initially filed O.S.No.4399/2015 seeking for partition and separate possession of the schedule properties. The petitioners herein who were the defendants therein while filing written statement also filed counter claim, Pursuant to the application filed by the petitioners herein seeking for deposit of admitted rents received by the respondent from the tenants from the scheduled property, the Hon'ble Court directed the respondent to deposit 3/5th of the rent received by him from Schedule 'A' property. Even though, the said order was challenged by the respondent before the Hon'ble High Court, the same was not prosecuted by the respondent. Thereafter, the respondent herein withdrew the suit filed by him. As a result, the Hon'ble Court proceeded with the counter claim filed by the petitioners herein and preliminary decree for partition was passed on 14.02.2022. Petitioners herein filed Execution Petition No.977/2019 for enforcement of the order passed in O.S.No.4399/2015 under which there was a direction to the respondent to deposit 3/5th of the rent. The Hon'ble Court was pleased to issue arrest warrant to the respondent in the said Execution proceedings. The said order was challenged by the respondent before this Hon'ble Court in WP No.11479/2021 and W.P.No.11380/2021. The petitioners herein initiated the instant Final Decree Proceedings seeking for division of scheduled property by metes and bounds. During the pendency of the FDP, the respondent herein filed RFA No.1383/2022 and the same is pending consideration before the Hon'ble High Court. The Hon'ble High Court was pleased to refer W.P.No.11479/2021 C/w W.P.No.11380/2021 for mediation so as to enable the parties to resolve their dispute amicably. - 5 - HC-KAR NC: 2025:KHC:54386 RFA No. 1383 of 2022 II. In the meanwhile, as per the request of the petitioners, FDP No.101/2022 was also referred for mediation. Having participated in the process of mediation, the parties have resolved their dispute as per the terms and conditions mentioned herein: Both parties agreed to divide the scheduled properties amongst themselves as detailed hereunder and the same shall be final and conclusive. 1. It is agreed between the parties that Flat bearing No.A- 102, Ground Floor in multi-storeyed residential building which is known as 'ROSARY' constructed on the property bearing municipal No.97, situated at St. John's Church Road, Bengaluru-560002, the Built up area measuring 1580 sq. ft. along with 3.629 percent of undivided share, right, title and interest in the land with car parking space, with all common facilities available to the flat consisting of three bedrooms as described in the schedule 'B' of the petition shall be allotted jointly to the petitioners. 2. It is agreed between the parties that Flat bearing No.B- 202, in multi-storeyed residential building which is known as 'ROSARY' constructed on the property bearing municipal No.97, situated at St. John's Church Road, Bengaluru-560002, the Built up area measuring 1195 sq. ft. along with 2.728 percent of undivided share, right, title and interest in the land with car parking space, with all common facilities available to the flat consisting of two bedrooms shall be allotted to the Respondent herein. 3. Each of the party hereby acknowledges the full and final settlement of his/her share and further confirms division of the schedule properties by metes and bounds of their respective shares and further confirm that he/she has released all her/his right, title, interest in respect of the share allotted to the other party. 4. The parties herein are entitled to enjoy 'their respective shares independently as absolute owners hereinafter and also get their names in the revenue records/Katha/E- Katha in their respective names. - 6 - HC-KAR NC: 2025:KHC:54386 RFA No. 1383 of 2022 5. The parties shall not have any other claim against each other in respect of the share allotted to the other party. 6. It is agreed between the parties that petitioners and respondent herein are entitled to enjoy their respective share as absolute owners from the date of the settlement agreement without interference by either of the parties. 7. It is agreed that the Respondent herein inducted a tenant by name Mr.Munawar Sharieff by receiving Rs.25,00,000/- (Rupees Twenty Five Lakhs Only) as lease amount in respect of schedule 'B' Property, which is allotted to the share of the petitioners herein. Respondent herein undertakes to handover vacant possession of the said apartment to petitioners on or before 30.11.2025 by getting the tenant vacated. In the case, the respondent herein fails to hand over vacant possession as agreed, the Respondent has agreed to pay Rs.1,00,000/- (Rupees One Lakh only) per month to the petitioners herein towards damages. 8. Respondent herein undertakes to pay the entire arrears of Tax payable to BBMP, to Maintenance to Apartment Owners' Association and all amenity bills and arrears whatsoever to the concerned Authorities in respect of the Flat bearing No.A-102' Schedule 'B' property allotted to petitioners herein. 9. It is admitted by both the parties that during the pendency of the civil litigation, the respondent herein initiated criminal proceedings against the petitioners and some of their family members. In view of the settlement arrived between the parties, the respondent has agreed to withdraw the criminal proceedings initiated by him against the petitioners. The petitioners herein filed Criminal petition No.10664/2023 and Crl.P. No.10411/2024 before the Hon'ble High Court seeking for quashing of the Criminal Proceeding. In view of the settlement, respondent undertakes to co-operate with the petitioner to report settlement in the above said pending criminal petition in terms of this settlement agreement. - 7 - HC-KAR NC: 2025:KHC:54386 RFA No. 1383 of 2022 10. In view of the settlement entered into between the parties, the respondent herein agreed to withdraw RFA No.1383/2022 and also W.P. No. 10650/2025 which is pending before the Hon'ble High Court. 11. The Court below in FDP No.101/2022 has referred documents to District Registrar for adjudication of Stamp Duty and Penalty. The parties herein agreed not to press the same. 12. It is agreed between the parties that the amount deposited by the respondent before the Hon'ble High Court in RFA No.1383/2022 and also the amount deposited in Execution proceedings before the City Civil Court totalling Rs.3,15,000/- (Rupees Three Lakhs Fiftteen Thousand Only) can be withdrawn by Smt. Ishrath Rahman-the petitioner No.2 herein. Neither the respondent, nor the petitioner Nos.1 and 3 have any objection for the petitioner No.2 to withdraw the said amount. 13. In view of the settlement entered into between the parties, the petitioners herein have agreed to close the Execution Petition No.977/2019. 14. The parties shall not have any claim against each other or against the share allotted to the other party. III. In view of the settlement entered into between the parties, the parties herein respectfully pray that this Hon'ble Court may be pleased to pass and draw the final decree to meet the ends of justice and equity. IV. Parties will appear on 20.09.2025 before the Court for passing final decree/ orders in terms of the agreement. 4. The appellant as well as the respondents and their learned counsel are physically present and admit the execution as well as terms and conditions of the compromise entered into between them. - 8 - HC-KAR NC: 2025:KHC:54386 RFA No. 1383 of 2022 5. The compromise petition is placed on record and appeal deserves to be disposed of in terms of the memorandum of settlement. 6. In the result, I pass the following: ORDER i) The appeal is disposed of in terms of the Memorandum of Settlement dated 01.09.2025. ii) The impugned judgment and decree dated 14.02.2022 in O.S No.4399/2015 passed by the XII Additional City Civil Judge at Bengaluru stands modified in terms of the Memorandum of Settlement entered into between the parties. iii) The Registry of this Court is directed to release a sum of Rs.2,00,000/- deposited by the appellant before this Court in favour of respondent No.2, immediately without any delay. iv) Registry is directed to draw up decree accordingly. Sd/- (S.R.KRISHNA KUMAR) JUDGE UN List No.: 1 Sl No.: 16