The High Court disposed of two first appeals filed under Section 96 CPC regarding a suit for specific performance. It accepted a compromise petition filed by the parties and modified the trial court's decree accordingly.
Both appeals disposed of; judgment and decree of the trial court modified according to the compromise petition.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 3RD DAY OF NOVEMBER, 2020
PRESENT
THE HON’BLE MRS.JUSTICE S.SUJATHA
AND
THE HON’BLE MR. JUSTICE SACHIN SHANKAR MAGADUM
R.F.A.No.503/2013 C/w. R.F.A.No.618/2013
IN R.F.A.No.503/2013:
BETWEEN :
[d] MRS.SHANTHA SHEELA B. SHETTY W/O. LATE K.B.SHETTY AGED ABOUT 72 YEARS R/AT No.9/1, BRUNTON ROAD 1ST CROSS, BANGALORE-560025. ...APPELLANTS
(BY SRI.ABHINAY V. ADV.)
AND :
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
(BY SRI.PUTTE GOWDA, ADV.)
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.
IN R.F.A.No.618/2013:
BETWEEN :
SHOBHA SURENDER W/O. Y.S.SURENDER AGED ABOUT 60 YEARS R/AT No.250/D SUBEDAR CHATRAM ROAD GANDHINAGAR BANGALORE-560009. ...APPELLANT
(BY SRI PUTTE GOWDA. ADV.)
AND :
K.B.SHETTY
SINCE DECEASED BY LRs.
R1[a] DR.ARJUN SHETTY
S/O LATE K.B.SHETTY R/AT No.1301A, CASA GRAVADE APARTMENT, ATWAR MANGALORE-571112.
R1[b] DR.RANJIT SHETTY
S/O LATE K.B.SHETTY R/AT 2ND FLOOR, VENUS APARTMENT KADRI KAMBALE ROAD NEAR CITY HOSPITAL MANGALORE-571112.
R1[c] ASHWIN SHETTY
S/O LATE K.B.SHETTY R/AT No.9/1, BRUNTON ROAD 1ST CROSS, BANGALORE-560025. …RESPONDENTS
(BY SRI.ABHINAY.V., ADV.)
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.
THESE APPEALS COMING ON FOR HEARING, THIS DAY, S. SUJATHA, J ., DELIVERED THE FOLLOWING:
J U D G M E N T
R.F.A.No.503/2013 is filed by the
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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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.
4. It is submitted that the compromise has
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.
5. The compromise petition is placed on record.
There is no legal impediment to accept the same.
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.
The compromise petition shall become part and parcel of the decree.
Registry to draw decree accordingly.
In view of the compromise recorded by this Court
as aforesaid, Registry shall refund the Court fee to the parties in accordance with law.
Sd/-
JUDGE
Sd/JUDGE
NC.
1 issue framed by the court
Whether the High Court can dispose of compound appeals under a compromise petition filed under Order XXIII Rule 3 read with Section 151 CPC.
2 provisions across 1 enactments
K.B. SHETTY SINS
DR. ARJUN SHETTY
DR. RANJIT SHETTY
ASHWIN SHETTY
MRS. SHANTHA SHEELA B. SHETTY
SHOBHA SURENDER
S. SUJATHA
SACHIN SHANKAR MAGADUM
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
