Appellant-defendant filed appeal against specific performance decree. Parties settled amicably during pendency. Court accepted compromise decree and disposed of appeal accordingly.
Appeal disposed of based on compromise; Judgment and Decree modified; Sale Deed set aside pending payment; Mis Case withdrawn upon payment.
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RFA No. 472 of 2017
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF DECEMBER, 2022 PRESENT
THE HON'BLE MR JUSTICE P.S.DINESH KUMAR
AND
THE HON'BLE MR JUSTICE T G SHIVASHANKARE GOWDA REGULAR FIRST APPEAL NO. 472 OF 2017 (MON)
BETWEEN:
…APPELLANT
(BY SRI. G. RAVI SHANKAR SHASTRY, ADVOCATE)
AND:
Digitally signed by VEENA KUMARI B Location: HIGH COURT OF KARNATAKA
…RESPONDENT
(BY SRI. SACHIN B.S., ADVOCATE)
RFA No. 472 of 2017
THIS RFA IS FILED UNDER SEC.96 OF THE CPC, AGAINST THE JUDGMENT AND DECREE DTD 23.08.2016 PASSED IN OS.NO.19/2015 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND JMFC, BANTWAL, D.K. PARTLY DECREEING THE SUIT FOR SPECIFIC PERFORMANCE AND PERMANENT PROHIBITION INJUNCTION.
THIS RFA, COMING ON FOR ORDERS, THIS DAY, P.S.DINESH KUMAR J ., DELIVERED THE FOLLOWING:
JUDGMENT
This appeal by defendant is directed against the judgment and decree dated 23.08.2016 in O.S.No.19/2015 passed by the Principal Senior Civil Judge
& JMFC, Bantwal, Dakshina Kannada.
RFA No. 472 of 2017
Shri. B.S. Sachin learned advocate for respondent - plaintiff.
Shri. Sriranjan P, respondent are present and they are identified by their respective advocates.
RFA No. 472 of 2017
appellant has agreed to pay a sum of Rs.1,09,650/- and Rs.1,33,535/- towards Court fee paid in O.S.No.19/2015, stamp duty and registration charges respectively. Parties submit that they agree with the terms of compromise and pray that this appeal may be disposed of in terms of settlement recorded in the compromise petition.
7. The terms of compromise read as follows:
" APPLICATION UNDER ORDER 23 RULE 3 OF CODE OF CIVIL PROCEDURE
The appellant and respondent respectfully submit as below:
Above appeal is filed challenging the Judgement and Decree in OS. No. 19 of 2015 dated 23.08.2016 passed by the Court of the Senior Civil Judge & JMFC., Bantwal, D.K. By the impugned Judgement and Decree, Court below was pleased to decree the suit and ordered specific performance of the agreement dated 17.12.2014 and directed the appellant to execute the sale deed in respect of suit schedule properties within 30 days from the date of Judgement and Decree. Thereafter, the respondent filed Execution Case No. 30 of 2016 before the Senior Civil Judge & JMFC, Bantwal, D.K., and in the said execution case, Court Commissioner had executed Sale Deed in favour of the respondent on 09.11.2017. However, the possession of the suit properties continued with the appellant and Mis Case No. 3 of 2018 filed by the respondent for delivery of possession of the suit schedule properties is pending consideration on the file of Senior Civil Judge and JMFC at Bantwal, D.K. District.
RFA No. 472 of 2017
It is submitted that during the pendency of this appeal, at the intervention of the Hon'ble Court and well wishers, the appellant and respondent have settled their disputes amicably with the following terms:-
1. The appellant has agreed to re-pay a sum of Rs. 19,00,000/- (Nineteen Lakhs only) to the respondent received by her as part consideration from appellant while executing the registered agreement dated 17.12.2014 along with simple interest at 13% pa from 17.12.2014 till the entire payment along with accrued interest and the appellant has agreed to make the payment of aforesaid amount within 6 months from 05.12.2022.
2. The Appellant has also agreed to pay a sum of Rs. 1,09,650/- (One Lakh Nine Thousand Six Hundred Fifty Only) to the respondent which was the Court Fee paid by him while filing OS. No. 19 of 2015.
3. The Appellant has further agreed to pay a sum of Rs. 1,33,535/- (One Lakh Thirty Three Thousand Five Hundred Thirty Five Only) to the respondent which was the stamp duty and registration charges paid by the respondent while the sale deed dated 09.11.2017 was executed through the process of the Court.
4. The Appellant further confirms that aforesaid payments stated at para 1 to 3 of this compromise petition shall be made by her within 6 months from 05.12.2022.
5. The respondent has agreed for modification of the Judgement and
RFA No. 472 of 2017
Decree passed in OS No. 19 of 2015 dated 23.08.2016 passed by the Court of Senior Civil Judge & JMFC, Bantwal, D.K. in terms of this compromise petition.
6. The respondent is not having any objection to set aside the Sale Deed dated 09.11.2017 having Document No VTL-1-01987-2017-18 (CD No. VTLD79) registered with the Sub registrar Vittal, Dakshina Kannada and consequential revenue entries made thereon after the receipt of entire payment only as stated in clauses 1 to 3 of petition. If need arises, the respondent shall execute necessary documents to vest title in favour of the appellant after receipt of amounts stated in clause 1 to 3 of this petition.
7. It is also agreed by the appellant that in case, the appellant fails to make payment as agreed in this compromise petition, and then Judgement and Decree passed in OS. No. 19 of 2015 dated 23.08.2016 passed by the Court of Senior Civil Judge & JMFC Bantwal, D.K and the Sale Deed dated 09.11.2017 executed in Execution Case No. 30 of 2016 will stand and the respondent is entitled to proceed as per law against appellant.
8. It is also agreed by the appellant that she shall not take the benefit of this compromise petition or the order passed by this Hon'ble Court pursuant to this compromise petition till she makes entire payment of amount as stated in clauses 1 to 3 of this compromise petition.
RFA No. 472 of 2017
9. The respondent on receipt of the amount stated at clauses 1 to 3 of this compromise petition shall withdraw the Mis Case No. 3 of 2018 pending on the file of senior Civil Judge and JMFC, Bantwal, Dakshina Kannada District.
10. The respondent is not having any objection for refund of court fee paid by the appellant in this appeal.
Wherefore, it is respectfully prayed that this Hon'ble Court may be pleased to modify the Judgment and Decree passed in OS. No. 19 of 2015 dated 23.08.2016 passed by the Court of the Senior Civil Judge & IMFC, Bantwal, D.K. as per the terms of compromise petition and set aside the Sale Deed dated 09.11.2017 registered as Document No VTL1-01987-2017-18 (CD No VTLD79) before the Sub registrar Vittal, Dakshina Kannada subject to the payment of Rs. 19,00,000/- along with simple interest at 13% p.a from 17.12.2014 till the entire payment along with accrued interest and Rs. 1,09,650/-(One Lakh Nine Thousand Six Hundred Fifty Only) and Rs. 1,33,535/- (One Lakh Thirty Three Thousand Five Hundred Thirty Five Only within six months in the interest of justice and equity."
parties is lawful and hence accepted. Judgment and decree dated 23.08.2016 in O.S.No.19/2015 passed by the Principal Senior Civil Judge and JMFC, Bantwal, D.K.,
shall stand modified in terms of compromise arrived at
RFA No. 472 of 2017
between the parties and this appeal is accordingly disposed of.
bear their own costs.
and they stand disposed of.
Sd/JUDGE
Sd/JUDGE
BVK
List No.: 1 Sl No.: 40
1 issue framed by the court
Whether the compromise arrived between parties challenging specific performance decree be accepted by this Hon'ble Court
2 provisions across 2 enactments
MRS VEENA S PRABHU
MR SRIRANJAN P S/O SUKUMARA BHAT
P.S.DINESH KUMAR
T G SHIVASHANKARE GOWDA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
