This Court disposed of two regular second appeals filed under Section 100 CPC. Upon reviewing a compromise petition filed by both parties and a full and final payment made by respondents, the Court accepted the terms and settled the dispute.
Compromise petition accepted; appeals disposed; refund of court fees granted.
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.
RSA No. 737 of 2017 C/W RSA No. 338 of 2019
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 16TH DAY OF FEBRUARY, 2023
BEFORE
THE HON'BLE MR JUSTICE H.P.SANDESH
REGULAR SECOND APPEAL NO.737 OF 2017 (SP) C/W REGULAR SECOND APPEAL NO.338 OF 2019 (SP)
IN R.S.A.No.737/2017:
BETWEEN:
SMT. SHRUTHI S.R., W/O B.P.JAYA KUMAR, AGED ABOUT 26 YEARS, R/A NO.164, R.T.NAGAR, ULLALA POST, 3RD STAGE, SANNENAHALLI, BANGALORE-560056.
…APPELLANT
(BY SRI G. BALAKRISHNA SHASTRY, ADVOCATE)
Digitally signed by SHARANYA T Location: HIGH COURT OF KARNATAKA
AND:
SINCE DEAD REPRESENTED BY HER LEGAL REPRESENTATIVES R1 TO R3 AND R5.
…RESPONDENTS
(BY SRI N. KRISHNAMURTHY, ADVOCATE FOR R1 TO R3 AND R5)
THIS R.S.A. IS FILED UNDER SECTION 100 OF CPC AGAINST THE JUDGEMENT AND DECREE DATED 21.02.2017 PASSED IN R.A.NO.44/2013 ON THE FILE OF THE III ADDITIONAL DISTRICT AND SESSIONS JUDGE, C/C.I ADDL. DISTRICT AND SESSIONS JUDGE, RAMANAGARA ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGEMENT AND DECREE DATED 22.06.2013 PASSED IN OS.NO.132/2012 ON THE FILE OF THE SENIOR CIVIL JUDE AND JMFC, CHANNAPATTANA.
IN R.S.A.No.338/2019:
BETWEEN:
SMT. GAYATHRI D/O LATE GULIGOWDA, AGED ABOUT 41 YEARS, (EXPIRED ON 12.08.2017).
…APPELLANTS
(BY SRI N. KRISHNAMURTHY, ADVOCATE)
AND:
SMT. SHRUTHI S.R., W/O. B.P.JAYA KUMAR, AGED ABOUT 27 YEARS, R/A NO.164, R.T.NAGAR, ULLALA POST, 3RD STAGE, SANNENAHALLI, BANGALORE-560056. …RESPONDENT
(BY SRI G. BALAKRISHNA SHASTRY, ADVOCATE)
RSA No. 737 of 2017 C/W RSA No. 338 of 2019
THIS R.S.A. IS FILED UNDER SECTION 100 OF CPC AGAINST THE JUDGEMENT AND DECREE DATED 21.02.2017 PASSED IN R.A.NO.44/2013 ON THE FILE OF THE III ADDITIONAL DISTRICT AND SESSIONS JUDGE, C/C.I ADDL. DISTRICT AND SESSIONS JUDGE, RAMANAGARA ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGEMENT AND DECREE DATED 22.06.2013 PASSED IN OS.NO.132/2012 ON THE FILE OF THE SENIOR CIVIL JUDE AND JMFC, CHANNAPATTANA.
THESE APPEALS COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:
J U D G M E N T
Both the parties and their respective learned counsel in both the appeals are present. The parties have filed the compromise petition under Order 23 Rule 1 of CPC. In terms of the compromise, respondent Nos.1, 2, 3 and 5 in R.S.A.No.737/2017 have paid a sum of Rs.10,20,128/- vide D.D. bearing No.000008 dated 08.02.2023 drawn on HDFC Bank, Channapatna Branch, towards full and final settlement of the claim of the appellant and the appellant will not press her claim for the relief of specific performance and she has agreed to receive the refund of advance money paid with interest at 8% per annum as per the judgment and decree dated 21.02.2017 passed in R.A.No.44/2013.
no objection to release the sum of Rs.3,85,000/deposited by the appellant in O.S.No.132/2012 dated 23.07.2013 in the Court of the Senior Civil Judge and JMFC, Channapatna in favor of the appellant. The appellant in R.S.A.No.737/2017 has agreed to execute the cancellation agreement by cancelling the sale agreement dated 07.04.2010 and on her failure to do so, the respondents are at liberty to get the sale agreement cancelled.
Sd/JUDGE
MD
List No.: 1 Sl No.: 3
1 issue framed by the court
Whether the compromise filed by parties under Order 23 Rule 1 CPC should be accepted to dispose of the appeals.
2 provisions across 1 enactments
Smt. Shruthi S.R.
Smt. Savithramma
Sri Devaraju
Sri Prabhu G
Smt. Gayathri
Smt. Bharathi
H.P. Sandesh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
