Allowed

Smt K D Shoba v. Sri G K Chethan

Karnataka HC12 Oct 2023RFA/398/2017

Case brief

AI extract

What is this about?

The High Court of Karnataka allowed a compromise petition filed by under a first regular appeal concerning a suit for specific performance. Consequently, the suit was disposed of by settlement, with a refund of court fee ordered and the release of previously deposited money to the appellant.

What did the court decide?

IA No.1/2023 allowed to compromise; suit disposed of; appellant entitled to refund of court fee; respondent's deposit of Rs.4,00,000/- with interest ordered released to appellant No.1.

Smt K D Shoba Vs Sri G K Chethan — Specific Performance | Karnataka HC (2023)

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1 - NC: 2023:KHC:37265 RFA No. 398 of 2017

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 12^TH DAY OF OCTOBER, 2023

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BEFORE

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THE HON'BLE MR JUSTICE K.NATARAJAN REGULAR FIRST APPEAL NO. 398 OF 2017 (SP)

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BETWEEN:

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SMT. K. D. SHOBA , AGED ABOUT 47 YEARS, W/O SRI K. MURALI,

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KUM. MANIKA, AGED ABOUT 25 YEARS D/O SRI. K. MURALI,

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BOTH ARE R/AT: "KATHALAKAN ESTATE", POST BOX NO.24, MUDIGERE TALUK, CHIKMAGALORE DISTRICT - 577 101.

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Digitally signed by JYOTHI S Location: High Court of Karnataka

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PRESENTLY R/AT D.NO. 3034, 'SHOBHA DHALIA APARTMENT', SARJAPUR RING ROAD, BELLANDUR, BENGALURU. …APPELLANTS

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(BY SRI. B. N. JAYADEVA, ADVOCATE)

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AND:

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SRI. G. K. CHETHAN, AGED ABOUT 37 YEARS, S/O LATE KEMPAIAH, R/AT GUDIGERE VILLAGE, C.A. KERE HOBLI,

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2 - NC: 2023:KHC:37265 RFA No. 398 of 2017

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MADDUR TALUK, MANDYA DISTRICT - 571 401.

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…RESPONDENT

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(BY SRI. CHIDAMBARA G.S, ADVOCATE)

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THIS RFA IS FILED UNDER SEC.96 OF CPC., R/W ORDER 41 RULE 1 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 24.10.2016 PASSED IN OS NO.1014/2012 ON THE FILE OF THE II ADDL. SR.CIVIL JUDGE AND CJM, MYSURU, DECREEING THE SUIT FOR SPECIFIC PERFORMANCE.

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THIS APPEAL, COMING ON FOR REPORTING SETTLEMENT, THIS DAY, THE COURT DELIVERED THE FOLLOWING:

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JUDGMENT

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This appeal is filed by the appellants under Section 96 of the Code of Civil Procedure, 1908 ('the CPC' for short) for setting aside the judgment and decree passed by the II Additional Senior Civil Judge, Mysuru in O.S.No.1014/2012 dated 24.10.2016.

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For the sake of convenience, the parties are referred to as per their rank before the Trial Court.

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During the pendency of this appeal, appellant No.1 also appeared as GPA holder No.2 and the respondent

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NC: 2023:KHC:37265 RFA No. 398 of 2017

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appeared through his counsel and filed compromise petition under Order 23 Rule 3 of the CPC.

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Heard learned counsel for the appellants and learned counsel for the respondent.

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It is submitted and mentioned in the application

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that the parties have settled the dispute between them and the appellants have already executed sale deed in favour of the respondent for the valuable consideration of Rs.52,00,000/-. Rs.40,00,000/- has been paid at the time of registration, Rs.8,00,000/- has been paid at the time of agreement of sale and Rs.4,00,000/- has been deposited by the respondent in the Trial Court on 24.11.2016. The appellant has also executed the rectification deed as per the direction of this Court. In view of the settlement, the respondent also undertakes to withdraw the Execution Case No.151/2017 pending on the file of the Court of II Additional Senior Civil Judge and CJM, Mysuru.

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The submission of the parties are placed on record and in view of the settlement between the parties, IA.No.1/2023 is allowed and permitted to compromise the case.

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NC: 2023:KHC:37265 RFA No. 398 of 2017

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Consequently, the suit is disposed off in view of the

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compromise between the parties.

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The appellant is entitled for refund of the Court fee.

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The amount of Rs.4,00,000/- with interest, if any,

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deposited before the Trial Court on 24.11.2016 is ordered to be released to appellant No.1 after due verification.

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Sd/JUDGE

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List No.: 1 Sl No.: 22 CT: BHK

Smt K D Shoba v. Sri G K Chethan

Case brief

What is this about?

What did the court decide?

Smt K D Shoba v. Sri G K Chethan

Case brief

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