Dismissed

Sri. R. Gangadhar @ R Ramesh v. Sri. Kempegowda

Karnataka HC10 Oct 2023RFA/160/2020

Case brief

AI extract

What is this about?

This Regular First Appeal was disposed of on the basis of a valid compromise petition filed by the parties during pendency. The appellant paid Rs. 10 Lakhs for cancellation of the agreement to sell. The Court modified the decree to reflect the settlement and disposed of the appeal accordingly.

What did the court decide?

Compromise petition accepted; decree modified; appeal disposed of; original documents returned to appellant; court fees refunded.

Sri. R. Gangadhar @ R Ramesh Vs Sri. Kempegowda — Specific Performance | Karnataka HC (2023)

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NC: 2023:KHC:36850-DB RFA No. 160 of 2020

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 10^TH DAY OF OCTOBER, 2023

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PRESENT

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THE HON'BLE MR. JUSTICE P.S.DINESH KUMAR

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AND

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THE HON'BLE MR. JUSTICE T.G. SHIVASHANKARE GOWDA

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REGULAR FIRST APPEAL NO.160 OF 2020 (SP)

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BETWEEN:

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Digitally signed by YASHODHA N Location: HIGH COURT OF KARNATAKA

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SRI. R. GANGADHAR @ R. RAMESH S/O LATE RANGAPPA AND KEMPAMMA AGED ABOUT 42 YEARS R/AT NO.18/1, SAMRUDHI NILAYA 1^ST MAIN ROAD, GANESHA TEMPLE ROAD VINAYAKANAGARA, KAMAKSHIPALYA VRUSHBAVATHI NAGAR MAGADI MAIN ROAD BANGALORE-560 079 …APPELLANT

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(BY SHRI. B.R. CHETHAN, ADVOCATE FOR SHRI. N. SHIVAKUMAR, ADVOCATE)

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AND:

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SRI. KEMPEGOWDA S/O LATE DOLLEGOWDA AGED ABOUT 65 YEARS R/AT NO.768, SRI NIDHI NILAYA 1^ST FLOOR, 16^TH MAIN ROAD 22^ND CROSS ROAD, 3^RD SECTOR HSR LAYOUT BANGALORE-560 102 …RESPONDENT

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(BY SHRI. K.P. CHANDRASHEKAR REDDY, ADVOCATE)

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THIS RFA IS FILED UNDER SECTION 96 R/W ORDER XLI RULE 1 OF CPC., 1908, AGAINST THE JUDGMENT AND DECREE DATED 02.11.2019 PASSED IN OS.NO.1075/2017 ON THE FILE OF THE LVI ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU, DECREEING THE SUIT FOR SPECIFIC PERFORMANCE.

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NC: 2023:KHC:36850-DB RFA No. 160 of 2020

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THIS RFA, COMING ON FOR ORDERS , THIS DAY, P.S.DINESH KUMAR, J. , DELIVERED THE FOLLOWING:

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JUDGMENT

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This appeal under Section 96 of Code of

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Civil Procedure, 1908, is filed by the defendant in O.S.No.1075/2017 challenging the judgment and decree dated November 2, 2019 passed by LVI Additional City Civil & Sessions Judge (CCH-38), Bengaluru.

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Respondent herein has filed the instant suit seeking specific performance of the ‘Agreement to Sell’ dated 16.09.2015. Suit has been decreed directing the defendant to execute Sale Deed in favour of the plaintiff within two months.

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Heard Shri B.R.Chethan, learned advocate for the appellant and Shri K.P.Chandrashekar Reddy, learned advocate for the respondent.

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Shri R.Gangadhar, appellant and Shri Kempegowda, respondent are present and

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they are identified by their respective advocates.

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3 - NC: 2023:KHC:36850-DB RFA No. 160 of 2020

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Learned advocates on both sides jointly submit that during the pendency of the appeal, parties have amicably resolved the dispute. A compromise petition under Order XXIII Rule 3 read with Section 151 of CPC duly signed by the appellant, respondent and their respective advocates has been filed. Appellant has paid Rs.10 Lakhs to the respondent as full and final settlement. Parties agree that they have understood the terms of the compromise. They pray that this appeal may be disposed of in terms of settlement recorded in the compromise petition.

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The terms of compromise read as follows:

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“ COMPROMISE PETITION UNDER ORDER 23

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RULE 3 READ WITH SECTION 151 OF THE CODE

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OF CIVIL PROCEDURE

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The Appellant and the Respondent respectfully submits before this Hon'ble court as follows:-

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1. That the matter is settled out of court by intervention of friends, well-wishers and eiders of both the parties with the following terms and conditions.

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i) A sum of Rs.10,00,000/-(Rupees Ten Lakhs Only) is paid by the Appellant to the Respondent by way of Demand Draft bearing No.701233 dated: 06.10.2023 of

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NC: 2023:KHC:36850-DB RFA No. 160 of 2020

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Union Bank of India Nagarabavi Branch drawn in favour

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of Kempegowda the respondent herein.

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ii) The Receipt of the said payment is hereby acknowledged by the Respondent.

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iii) The Respondent has Cancelled the Sale agreement dated 16.09.2015, registered in Book No.1, bearing Document No. NGB-1-04305/2015-2016, stored in C.D. No.NGBD286, dated 16.09.2015, which was registered in the office of the Sub-Registrar, Nagarabavi, Rajajinagar, Bengaluru, executed in favour of the Respondent by the Appellant herein, through Cancelation of the Sale Agreement dated 09.10.2023 registered in Book No.I, Document No.YPR-106992/2023-2024, dated 09.10.2023, which was registered in the office of the Sub-Registrar, Yeshwantpura, Rajajinagar, Bengaluru.

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2. It is agreed that this Hon'ble court may be pleased to direct either the Office of this Hon'ble High court or direct the Trial court to return all the Original documents to the Appellant herein / Defendant in the trial court. The Respondent has no objection to return all the exhibits marked by the Respondent / Plaintiff in favour of the appellant / Defendant.

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3. The appellant and the respondent states that in view of the afore said execution of the Cancellation of the sale Agreement, both the parties are praying that this Hon'ble Court be pleased to close the above Appeal as settled between the parties.

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4. It is submitted that, in view of the settlement arrived between the parties this Hon'ble Court be pleased to order to return the entire court fees paid by the appellant in

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5 - NC: 2023:KHC:36850-DB RFA No. 160 of 2020

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favour of the Appellant. The Respondent has no objection to return the entire court fee in favour of the appellant.

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WHEREFORE, this Hon'ble Court be pleased to dispose the Appeal in terms of the above compromise petition in the interest of justice.”

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Learned advocate for the respondent-plaintiff submits that he has no objection for appellant-defendant to collect all original records produced before the trial court. His submission is placed on record. Defendant is permitted to collect original records from the trial court in accordance with law.

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In our opinion, compromise arrived at between the parties is lawful and hence accepted. Judgment and decree dated November 2, 2019 in O.S.No.1075/2017 passed by LVI Additional City Civil & Sessions Judge (CCH-38), Bengaluru, shall stand modified in terms of compromise arrived at between the parties and this appeal is accordingly disposed of.

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Parties shall bear their own costs. Decree be drawn accordingly.

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6 - NC: 2023:KHC:36850-DB RFA No. 160 of 2020

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Registry shall refund the court fee in accordance

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with law.

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In view of disposal of this appeal, pending interlocutory applications, if any, do not survive for consideration and they stand disposed of .

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Sd/JUDGE

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Sd/JUDGE

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List No.: 2 Sl No.: 8

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Sri. R. Gangadhar @ R Ramesh v. Sri. Kempegowda

Case brief

What is this about?

What did the court decide?

Sri. R. Gangadhar @ R Ramesh v. Sri. Kempegowda

Case brief

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