Dismissed

K B Shetty Since Deceased by Lrs v. Shobha Surender

Karnataka HC3 Nov 2020RFA/503/2013

Case brief

AI extract

What is this about?

This judgment disposes of two cross-real revisions filed against a trial court decree dismissing a suit for specific performance. The court accepted a compromise petition signed by the parties, citing voluntary agreement and absence of coercion, modified the decree accordingly, and refunded court fees.

What did the court decide?

Both appeals disposed of in terms of the compromise petition; trial court judgment and decree modified; court fee refunded.

K B Shetty Since Deceased by Lrs Vs Shobha Surender — Specific Performance | Karnataka HC (2020)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 3^RD DAY OF NOVEMBER, 2020

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PRESENT

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THE HON’BLE MRS.JUSTICE S.SUJATHA

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AND

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THE HON’BLE MR. JUSTICE SACHIN SHANKAR MAGADUM

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R.F.A.No.503/2013 C/w. R.F.A.No.618/2013

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IN R.F.A.No.503/2013:

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BETWEEN :

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K.B.SHETTY

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SINCE DECEASED BY LRs.

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[a] DR.ARJUN SHETTY S/O LATE K.B.SHETTY AGED ABOUT 47 YEARS R/AT No.1301A, CASA GRAVADE APARTMENT, ATWAR MANGALORE.

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[b] DR.RANJIT SHETTY S/O LATE K.B.SHETTY AGED ABOUT 44 YEARS R/AT 2^ND FLOOR, VENUS APARTMENT KADRI KAMBALE ROAD NEAR CITY HOSPITAL MANGALORE.

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[c] ASHWIN SHETTY S/O LATE K.B.SHETTY AGED ABOUT 45 YEARS R/AT No.9/1, BRUNTON ROAD 1^ST CROSS, BANGALORE-560025

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[d] MRS.SHANTHA SHEELA B. SHETTY W/O. LATE K.B.SHETTY AGED ABOUT 72 YEARS R/AT No.9/1, BRUNTON ROAD 1^ST CROSS, BANGALORE-560025. ...APPELLANTS

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(BY SRI.ABHINAY V. ADV.)

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AND :

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SHOBHA SURENDER W/O. Y.S.SURENDER AGED ABOUT 35 YEARS R/AT FLAT No.105 HOYSALA APARTMENTS No.6, CUNNINGHAM CRESCENT BANGALORE-52. …RESPONDENT

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(BY SRI.PUTTE GOWDA, ADV.)

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THIS R.F.A. IS FILED UNDER SECTION 96 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 13.12.2012 PASSED IN O.S.NO.1419/1987 ON THE FILE OF XXX ADDITIONAL CITY CIVIL JUDGE, BANGALORE, DISMISSING THE SUIT FILED FOR SPECIFIC PERFORMANCE OF CONTRACT.

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IN R.F.A.No.618/2013:

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BETWEEN :

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SHOBHA SURENDER W/O. Y.S.SURENDER AGED ABOUT 60 YEARS R/AT No.250/D SUBEDAR CHATRAM ROAD GANDHINAGAR BANGALORE-560009. ...APPELLANT

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(BY SRI PUTTE GOWDA. ADV.)

AND :

K.B.SHETTY

SINCE DECEASED BY LRs.

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R1[a] DR.ARJUN SHETTY

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S/O LATE K.B.SHETTY R/AT No.1301A, CASA GRAVADE APARTMENT, ATWAR MANGALORE-571112.

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R1[b] DR.RANJIT SHETTY

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S/O LATE K.B.SHETTY R/AT 2^ND FLOOR, VENUS APARTMENT KADRI KAMBALE ROAD NEAR CITY HOSPITAL MANGALORE-571112.

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R1[c] ASHWIN SHETTY

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S/O LATE K.B.SHETTY R/AT No.9/1, BRUNTON ROAD 1^ST CROSS, BANGALORE-560025. …RESPONDENTS

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(BY SRI.ABHINAY.V., ADV.)

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THIS R.F.A. IS FILED UNDER SECTION 96 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 13.12.2012 PASSED IN O.S.NO.1419/1987 ON THE FILE OF XXX ADDITIONAL CITY CIVIL JUDGE, BENGALURU, DISMISSING THE SUIT FOR SPECIFIC PERFORMANCE AND CONTRACT.

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THESE APPEALS COMING ON FOR HEARING, THIS DAY, S. SUJATHA, J ., DELIVERED THE FOLLOWING:

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J U D G M E N T

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R.F.A.No.503/2013 is filed by the

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plaintiffs/appellants challenging the judgment and decree dated 13.12.2012 passed by the XXX Additional City Civil Judge at Bengaluru in O.S.No.1419/1987. R.F.A.No.618/2013 is filed by the defendant/appellant challenging the very same judgment and decree dated 13.12.2012 in O.S.No.1419/1997 insofar as the payment of sum of Rs.50,00,000/- as damages for breach of contract and Rs.4,50,000/- with interest at 18% p.a., from 31.03.1982 till the date of suit and interest at 12% p.a., on Rs.4,50,000/- from the date of the suit till realization ordered by the Court while dismissing the relief of specific performance of contract.

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In the present appeal proceedings, today a compromise petition under Order XXIII Rule 3 read with Section 151 of Code of Civil Procedure, 1908 has been filed by the parties in both the appeals. The compromise

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- 5 -

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petition is signed by the plaintiff No.1[c] Mr.Ashwin Shetty on his behalf as well as the GPA holder of plaintiff No.1[a], 1[b] and 1[d] as well as by the defendant Smt.Shobha Surender.

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The parties namely, the plaintiff No.1[c] and the defendant are present before the Court, duly identified by their respective counsel. The parties submit that they have read over the contents of the compromise petition and subscribed their signatures to the same along with their respective counsel.

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4. It is submitted that the compromise has

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been entered into between the parties on their own volition without there being any coercion or undue influence from anybody. It is declared that they are agreeable for the terms and conditions stipulated in the compromise petition and they will abide by the same. Accordingly, it is prayed that the judgment and decree be passed in terms of the compromise petition filed.

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5. The compromise petition is placed on record.

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There is no legal impediment to accept the same.

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Accordingly, both the appeals stand disposed of in terms of the compromise petition filed by the parties. Judgment and decree of the Trial Court is modified accordingly.

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The compromise petition shall become part and parcel of the decree.

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Registry to draw decree accordingly.

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In view of the compromise recorded by this Court

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as aforesaid, Registry shall refund the Court fee to the parties in accordance with law.

Sd/-

JUDGE

Sd/JUDGE

NC.

K B Shetty Since Deceased by Lrs v. Shobha Surender

Case brief

What is this about?

What did the court decide?

K B Shetty Since Deceased by Lrs v. Shobha Surender

Case brief

What is this about?

What did the court decide?

What the court decided

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