Allowed

G.S.Basavana Gowda v. Kollappa

Karnataka HC9 Nov 2023RFA/585/2022

Case brief

AI extract

What is this about?

This regular first appeal filed under Section 96 r/w Order 41 Rule 1 of CPC was allowed and disposed of in terms of a joint settlement memo filed by both parties. The High Court set aside the trial court decree for specific performance of a contract.

What did the court decide?

The impugned judgment and decree dated 23.12.2021 passed in O.S.No.139/2020 were set aside and the suit was disposed off in terms of the Joint Memo of settlement. Court fees were ordered refunded.

G.S.Basavana Gowda Vs Kollappa — Specific Performance | Karnataka HC (2023)

¶1

¶2

NC: 2023:KHC:40220 RFA No. 585 of 2022

¶3

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9^TH DAY OF NOVEMBER, 2023

¶4

BEFORE

¶5

THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR REGULAR FIRST APPEAL NO. 585 OF 2022 (SP)

¶6

BETWEEN:

¶7

G.S.BASAVANA GOWDA SON OF T P SHIVAKUMAR

¶8

AGED ABOUT 34 YEARS

¶9

SMT M RAJESHWARI WIFE OF T P SHIVAKUMAR AGED ABOUT 56 YEARS

¶10

BOTH ARE AGRICULTURISTS, RESIDENTS OF THUPPADAHALLI VILLAGE JAGALURU TALUK DAVANAGERE DISTRICT – 577 602.

¶11

…APPELLANTS

¶12

(BY SRI. M.R.HIREMATHAD.,ADVOCATE)

¶13

AND:

¶14

Digitally signed by VANDANA S Location: HIGH COURT OF KARNATAKA

¶15

KOLLAPPA S/O OF THIMMANNA AGED ABOUT 47 YEARS, OCC AGRICULTURIST RESIDENT OF BHEEMASAMUDRA VILLAGE, CHITRADURGA DISTRICT – 577 501.

¶16

…RESPONDENT

¶17

(BY SRI. SUNIL KUMAR S.,ADVOCATE)

¶18

THIS RFA IS FILED UNDER SECTION 96 R/W ORDER 41 RULE 1 OF CPC AGAINST THE JUDGMENT AND DECREE DATED 23.12.2021 PASSED IN OS No.139/2020 ON THE FILE OF THE SENIOR CIVIL JUDGE, ITINERARY COURT, JAGALUR, DECREEING THE SUIT FOR SPECIFIC PERFORMANCE OF CONTRACT.

¶19

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

¶20

¶21

NC: 2023:KHC:40220 RFA No. 585 of 2022

¶22

JUDGMENT

¶23

This appeal is directed against the impugned judgment and decree dated 23.12.2021 passed in O.S.No.139/2020 by the Senior Civil Judge, Itinerary Court, Jagalur, whereby the said suit filed by the respondent – plaintiff against the appellant – defendant, for specific performance of a Sale Agreement dated 26.06.2019 and other reliefs was decreed in favour of the respondent – plaintiff against the appellants – defendants by the Trial Court, thereby directing the appellants – defendants to execute the registered sale deed in favour of the respondent – plaintiff.

¶24

The Joint Memo of settlement is filed by both the parties. It reads as under:

¶25

“1. The parties are physically present before the Court and have been identified by their respective counsel accordingly and admit execution of the compromise petition voluntarily out of their free will and wish.

¶26

2. Being specified that the compromise entered into between the parties is appropriate and lawful, I deem it just and appropriate to set aside the impugned judgment and decree and dispose of the appeal in terms of the compromise.”

¶27

¶28

NC: 2023:KHC:40220 RFA No. 585 of 2022

¶29

In the result, I pass the following:

¶30

ORDER

¶31

i) Appeal is hereby disposed off in terms of the Joint Memo of settlement dated 09.11.2023.

¶32

ii) The impugned judgment and decree dated 23.12.2021 passed in O.S.No.139/2020 by the Trial Court is hereby set aside and the suit stands disposed off in terms of the Joint Memo.

¶33

iii) Registry of this Court is directed to refund the entire Court Fee paid on the Memorandum of Appeal, back to the appellants, without any delay.

¶34

iv) So also, registry of Trial Court is directed to refund

¶35

the entire Court Fee paid by the respondent – plaintiff on the plaint before the Trial Court, forthwith, without any delay.

¶36

Sd/JUDGE

¶37

DHA

¶38

List No.: 1 Sl No.: 70.1

G.S.Basavana Gowda v. Kollappa

Case brief

What is this about?

What did the court decide?

G.S.Basavana Gowda v. Kollappa

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Rajendran. N Vs Smt. Gowramma

Smt N Shubha Vs Sri B G Narayana Reddy

Sri.Ramu @ Ramappa Vs Sri.v.Raghavendra

G.S.Basavana Gowda Vs Chandrappa

Sri Sunchappa @ Chunchappa Vs Sri Ananda S/O Dyavappa

M/S Ashok Silks and Sarees Vs Mr. T C Mohan