High Court disposed of an appeal against a specific performance decree based on a joint settlement memo filed by parties on the day of hearing, setting aside the impugned judgment and directing refund of court fees.
Impugned judgment and decree set aside; suit disposed off per joint memo; court fees refunded to all parties.
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.
NC: 2023:KHC:40220 RFA No. 589 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 9TH DAY OF NOVEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR REGULAR FIRST APPEAL NO. 589 OF 2022 (SP)
BETWEEN:
BOTH ARE AGRICULTURISTS, RESIDENTS OF THUPPADAHALLI VILLAGE JAGALURU TALUK DAVANAGERE DISTRICT – 577 602.
…APPELLANTS
(BY SRI. M.R.HIREMATHAD.,ADVOCATE)
AND:
Digitally signed by VANDANA S Location: HIGH COURT OF KARNATAKA
CHANDRAPPA SON OF DASAPPA, AGED ABOUT 55 YEARS, OCC AGRICULTURIST RESIDENT OF BHEEMASAMUDRA VILLAGE, CHITRADURGA DISTRICT – 577 501.
…RESPONDENT
(BY SRI. SUNIL KUMAR S.,ADVOCATE)
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.140/2020 ON THE FILE OF THE SENIOR CIVIL JUDGE, ITINERARY COURT, JAGALUR, DECREEING THE SUIT FOR SPECIFIC PERFORMANCE OF CONTRACT.
THIS APPEAL, COMING ON FOR HEARING, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
NC: 2023:KHC:40220 RFA No. 589 of 2022
JUDGMENT
This appeal is directed against the impugned judgment and decree dated 23.12.2021 passed in O.S.No.140/2020 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.
“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.
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.”
NC: 2023:KHC:40220 RFA No. 589 of 2022
ORDER
i) Appeal is hereby disposed off in terms of the Joint Memo of settlement dated 09.11.2023.
ii) The impugned judgment and decree dated 23.12.2021 passed in O.S.No.140/2020 by the Trial Court is hereby set aside and the suit stands disposed off in terms of the Joint Memo.
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.
iv) So also, Registry of the Trial Court is directed to refund the entire Court Fee paid by the respondent – plaintiff on the plaint, before the Trial Court, forthwith, without any delay.
Sd/JUDGE
DHA
List No.: 1 Sl No.: 70
1 provisions across 1 enactments
G.S.Basavana Gowda
Smt M Rajeswari
Chandappa
S.R.Krishna Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
