Partly allowed

Sri. K. Chandrashekar v. Smt. Anjinamma

Karnataka HC24 Nov 2023RFA/541/2021

Case brief

AI extract

What is this about?

The High Court allowed an appeal filed under Section 96 CPC against the dismissal of a specific performance suit. Hy-bishing the impugned judgment, the Court remitted the matter to the Trial Court to reconsider it after admitting additional evidence sought by the appellant, reserving rights for the respondent to file a written statement and adduce evidence, while ordering refund of court fees.

What did the court decide?

The appeal was allowed; the impugned judgment was set aside; the matter was remitted to the Trial Court for fresh consideration; I.A.No.2/2020 was allowed with documents received on record; court fee

Sri. K. Chandrashekar Vs Smt. Anjinamma — Specific Performance | Karnataka HC (2023)

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NC: 2023:KHC:42586 RFA No. 541 of 2021

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24^TH DAY OF NOVEMBER, 2023

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BEFORE

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THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR REGULAR FIRST APPEAL NO. 541 OF 2021 (SP)

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BETWEEN:

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SRI. K. CHANDRASHEKAR S/O. KEMPAKALLAPPA, AGED ABOUT 46 YEARS, R/AT NO. 523, RAJIV GANDHI NAGAR, JIGANI VILLAGE, JIGANI HOBLI, ANEKAL TALUK, BENGALURU DISTRICT-560 099.

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…APPELLANT

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(BY SRI. ANNAIAH C V.,ADVOCATE)

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AND:

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Digitally signed by VANDANA S Location: HIGH COURT OF KARNATAKA

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SMT. ANJINAMMA D/O. VENKATAHANUMAIAH, AGED ABOUT 42 YEARS, R/AT NO. 127, 1^ST CROSS, BHAVANESHWARI NAGARA, NAGADEVANAHALLI, JNANABHARATHI POST, BENGALURU-560 059.

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…RESPONDENT (BY SRI. LAKSHMISHA B S.,ADVOCATE)

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THIS RFA IS FILED UNDER SECTION 96 OF CPC AGAINST THE JUDGMENT AND DECREE DATED 19.06.2020 PASSED IN OS.No.5699/2016 ON THE FILE OF THE LX ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU, DISMISSING THE SUIT FOR SPECIFIC PERFORMANCE OF CONTRACT.

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

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NC: 2023:KHC:42586 RFA No. 541 of 2021

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JUDGMENT

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This appeal by the unsuccessful appellant – plaintiff in O.S.No.5699/2016 is directed against the impugned judgment and decree dated 19.06.2020 passed by the LX Addl. City Civil and Sessions Judge, Bengaluru whereby the said suit filed by the appellant – plaintiff against the respondent – defendant for specific performance of an alleged Sale Agreement dated 01.07.2013 and other reliefs was dismissed by the Trial Court.

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Heard learned counsel for the appellant - plaintiff and learned counsel for the respondent – defendant and perused the material on record. Perusal of the material on record will indicate that the appellant – plaintiff instituted the aforesaid suit for specific performance and other reliefs against the respondent – defendant. Despite having entered appearance through his counsel, the respondent – defendant remained unrepresented and did not file the written statement and did not contest the suit. The appellant examined himself as PW.1 and two witnesses as PW.2 and PW.3 and documentary evidence at Ex.P1 to P29 were marked.

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As stated supra, the respondent neither cross examined the appellant and his witnesses, nor adduced any oral and documentary evidence.

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3 - NC: 2023:KHC:42586 RFA No. 541 of 2021

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The Trial Court heard the plaintiff and proceeded to pass

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the impugned judgment and decree dismissing the appeal, aggrieved by which the appellant is before this Court by way of the present appeal.

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During the pendency of the present appeal, the appellant has filed an application I.A.No.2/2020 under Order 41 Rule 27 for furnishing to produce additional evidence.

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A perusal of the affidavit in support of the application and the documents sought to be produced by the appellant will indicate that the same are relevant and necessary for the purpose of adjudication to the issues in controversy between the parties and also for disposal of the present appeal.

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In this context, learned counsel for the appellant submits that the additional documents may be received on record and the matter being remitted back to the Trial Court for reconsideration afresh in accordance with law.

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Per Contra, learned counsel for the respondent – defendant submits that if this Court were to allow I.A.No.2/2020 and set aside the impugned judgment and decree and remit back to the Trial Court for reconsideration afresh in accordance with law,

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NC: 2023:KHC:42586 RFA No. 541 of 2021

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an opportunity may be provided to the respondent – defendant to

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file her written statement and contest the suit on merits.

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In view of the aforesaid facts and circumstances and the

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joint submission made by both sides, I deem it just and appropriate to allow I.A.No.2/2020 and received the documents produced along with the same on record. Consequent upon allowing I.A.No.2/2020, the impugned judgment and decree would also have to be set aside and the matter remitted back to the Trial Court for reconsideration afresh in accordance with law.

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In the result, I pass the following:

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ORDERS

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i) The appeal is hereby allowed.

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ii) The impugned judgment and decree dated 19.06.2020 passed in O.S.No.5699/2016 passed by the LX Addl. City Civil and Sessions Judge, Bengaluru, is hereby set aside.

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iii) The matter is remitted back to the Trial Court for reconsideration afresh in accordance with law.

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iv) I.A.No.2/2020 is allowed. Documents produced along

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with the application are received on record.

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NC: 2023:KHC:42586 RFA No. 541 of 2021

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v) Registry to transmit the I.A.No.2/2020 along with the documents to the Trial Court for consideration in accordance with law.

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vi) Registry is also directed to transmit the Trial Court records back to the Trial Court forthwith without any delay.

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vii) Parties undertake to appear before the Court on 20.12.2023 without awaiting further notice.

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viii) All rival contentions on all aspects of the matter are kept open and no opinion is expressed on the same.

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ix) Liberty is reserved in favour of the parties to adduce oral evidence / additional evidence in support of their respective claims.

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x) Liberty is also reserved in favour of the respondent –

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defendant to file her written statement in the suit and the same shall be filed by the respondent – defendant within the time to be fixed by the Trial Court.

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xi) Registry is directed to refund the entire (100%) of the Court Fee paid on the memorandum of appeal back to the appellant in terms of Section 64 of the Karnataka Court Fee Act.

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Sd/JUDGE

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DHA List No.: 1 Sl No.: 43

Sri. K. Chandrashekar v. Smt. Anjinamma

Case brief

What is this about?

What did the court decide?

Sri. K. Chandrashekar v. Smt. Anjinamma

Case brief

What is this about?

What did the court decide?

What the court decided

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