This appeal arose from a suit for specific performance modified in the lower appellate court. The High Court dismissed the appeal as the parties reached a compromise out of court, with the appellant receiving Rs. 2 lakhs as full and final settlement.
Appeal dismissed as settled out of court; Court fee refunded.
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.
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 22ND DAY OF FEBRUARY, 2022
BEFORE
THE HON’BLE MR.JUSTICE N.S.SANJAY GOWDA
R.S.A. No.265/2007(SP)
BETWEEN:
SRI K. VENKATARAMAIH S/O LATE KRISHNAPPA AGED ABOUT 40 YEARS RESIDING AT KOGILAHALLI KASABA HOBLI KOLAR TALUK-563 114.
… APPELLANT
(BY SRI. H R ANANTHA KRISHNA MURTHY, ADVOCATE)
AND:
2
ALL ARE MUSLIM, MAJOR LRS.1(A) TO (D) ARE R/AT KOGILAHALLI, KASABA HOBLI, KOLAR TALUK, KOLAR.
LR.1(E) IS R/AT RAHAMATHNAGAR KOLAR TALUK, KOLAR. PIN-563 114.
RESPONDENTS 2 & 3 ARE RESIDING AT KOGILAHALLI KASABA HOBLI, KOLAR TALUK KOLAR-563 114.
SINCE DEAD REP. BY HIS LEGAL REPRESENTATIVES
3
4(A) SMT.SUBBAMMA,
W/O.LATE MUNINARAYANAPPA,
AGED ABOUT 66 YEARS;
4(A), (B), (D) & (E) ARE RESIDING AT
VINOBA NAGAR, KNS POST, NEAR KOGILA HALLI, KOLAR. … RESPONDENTS
(BY SRI. M NARAYANA REDDY, ADV. FOR
R1(A-E) R2 & R3 SRI SANTHOSH, ADV. FOR R4(A)(B)(D) & (E)
THIS APPEAL IS FILED UNDER SECTION 100 OF CPC., AGAINST THE JUDGEMENT & DECREE DTD 11.12.2006 PASSED IN R.A.NO.1/2004 ON THE FILE OF THE PRESIDING OFFICER, FTC-III, KOLAR, PARTLY ALLOWING THE APPEAL FILED AGAINST THE JUDGMENT AND DECREE DT.20.11.2003 PASSED IN O.S.NO.35/1992 ON THE FILE OF THE PRL. CIVIL JUDGE (SR.DN) KOLAR.
4
THIS APPEAL COMING ON FOR ORDERS, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
This appeal is filed by the plaintiff, who was aggrieved by the dismissal of the suit for specific performance and which was modified in appeal by directing to receive sum of `10,000/- with interest at 6% p.a.
2,00,000/- in full and final settlement of his claim from respondent Nos.4(a, b, d & e) and in view of receipt of the said sum of 2,00,000/-, the appeal may be dismissed as settled out of the Court.5
Section 66 of the Karnataka Court Fees and Suits Valuation Act, 1958.
Sd/JUDGE
nms
1 issue framed by the court
Whether the compromise settlement between the parties warrants dismissal of the appeal on merits.
2 provisions across 2 enactments
Sri K. Venkataramaih
Smt. Mahajan Bee
Thayara Begum
Smt. Mubeen Begum
Smt. Mubasheer Begum
Smt. Muneer Begum
N.S. Sanjay Gowda
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court