Disposed

Smt Mohan Ambal v. Sri v Narayana Reddy

Karnataka HC8 Jun 2023RSA/872/2013

Case brief

AI extract

What is this about?

A regular second appeal arising from a suit for specific performance was disposed of on a compromise. The High Court accepted the compromise petition filed under Order 23 Rule 3 r/w Section 151 CPC, admitted the terms entered into by the parties, and decreed the suit accordingly.

What did the court decide?

The compromise petition was accepted, the suit was decreed in terms of the agreement, and the appeal was disposed of.

Smt Mohan Ambal Vs Sri v Narayana Reddy — Specific Performance | Karnataka HC (2023)

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NC: 2023:KHC:19532 RSA No. 872 of 2013

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 8^TH DAY OF JUNE, 2023

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BEFORE

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THE HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR

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REGULAR SECOND APPEAL NO.872 OF 2013 (SP)

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BETWEEN:

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SMT MOHAN AMBAL, W/O LATE C.VENKATESHAN, AGED ABOUT 55 YEARS, R/AT NO.23, K.V.LANE, COTTONPET MAIN ROAD, BANGALORE-560 053.

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Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA

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SMT ANITHA, D/O LATE C.VENKATESHAN, AGED ABOUT 32 YEARS, R/AT NO.23, K.V.LANE, COTTONPET MAIN ROAD, BANGALORE-560 053.

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SRI VISHNU S/O LATE C.VENKATESHAN, AGED ABOUT 29 YEARS, R/AT NO.23, K.V.LANE, COTTONPET MAIN ROAD, BANGALORE-560 053.

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…APPELLANTS

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(BY SRI. D.N.RAMACHANDRAPPA, ADVOCATE)

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NC: 2023:KHC:19532 RSA No. 872 of 2013

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AND:

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SRI V NARAYANA REDDY S/O B.VENKATARAMAN REDDY, AGED ABOUT 38 YEARS, R/T GANAPATHIHALLI VILLAGE, CHUNCHUNAKUPPE POST, THAVAREKERE HOBLI BANGALORE SOUTH TALUK BENGALORE-562 130

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…RESPONDENT

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(BY SRI. H.V. KRISHNAMURTHY, ADVOCATE FOR SRI. H. P. LEELADHAR, ADVOCATE)

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THIS RSA IS FILED U/S. 100 OF CPC AGAINST THE JUDGEMENT & DECREE DTD 25.02.2013 PASSED IN R.A.NO.68/2011 ON THE FILE OF PRESIDING OFFICER, FAST TRACK COURT, RAMANAGARA, DISMISSED THE APPEAL AND CONFIRMING THE JUDGEMENT AND DECREE DTD 05.04.2010 PASSED IN OS.NO.104/2006 ON THE FILE OF ADDITIONAL SENIOR CIVIL JUDGE, RAMANAGARA, I/c OF ITINERARY COURT, MAGADI.

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

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NC: 2023:KHC:19532 RSA No. 872 of 2013

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JUDGMENT

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This appeal is filed by defendant Nos.1 to 3 seeking

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to set-aside the judgment and decree dated 05.04.2010 passed by the Additional Senior Civil Judge, Ramanagara in O.S.No.104/2006 and the judgment and decree dated 25.02.2013 passed by the Presiding Officer, Fast Track Court, Ramanagara in R.A.No.68/2011 and dismissal of the suit in O.S.No.104/2006.

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The appellants are defendant Nos.1 to 3 and the respondent is the plaintiff.

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The parties will be referred to by their rankings as per the Trial Court.

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The respondent – plaintiff filed a suit against the appellants / defendant Nos.1 to 3 for the relief of specific performance of sale agreement dated 17.02.1995 in respect of the suit schedule properties (two items ie., schedule ‘A’ and ‘B’) and the said suit in O.S.No.104/2006 came to be decreed directing the defendants to execute

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4 - NC: 2023:KHC:19532 RSA No. 872 of 2013

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the sale deed in respect of the suit schedule properties in the name of the plaintiff by receiving the balance sale consideration. The defendants challenged the said judgment and decree in R.A.No.68/2011 before the Presiding Officer, Fast Track Court, Ramanagara and the appeal came to be dismissed by judgment and decree dated 25.02.2013. The appellants / defendants have challenged the judgment and decree passed by the Trial Court and the First Appellate Court in this appeal.

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A compromise petition under Order XXIII Rule 3

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r/w Section 151 of CPC., is filed along with the copies of identity documents of the parties.

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Appellant Nos.1 to 3 and the respondent are present. Appellant Nos.1 to 3 are identified by their counsel, so also the respondent has been identified by his counsel.

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The appellant Nos.1 to 3 admit the terms of compromise as enumerated in the compromise petition, so

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NC: 2023:KHC:19532 RSA No. 872 of 2013

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also the respondent admitted the terms of compromise stated in the compromise petition.

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8. The terms of compromises reads as under;

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“I) The Appellants and Respondent submit that, the appellants have agreed to sell the schedule properties under the agreement of sale dated 26.07.2004 for a sum of Rs.7,26,000/- out of which the appellants are already received advance sale consideration of Rs.2,00,000/from the Respondent.

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II) The Appellants and Respondent submit that, the appellant No.1 is aged lady and appellant No.2 and 3 are having children and suffering from financial problem and further the appellants expressed their difficulties before the Respondent and request the Respondent to pay further amount to clear their financial problems, then the Respondent accept the request of the appellants and agreed to pay further amount of Rs.60,00,000/as full and final settlement with the following conditions as stated below,

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a) The appellants have been unconditionally agreed that they will execute the registered sale deeds in respect of the suit schedule

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NC: 2023:KHC:19532 RSA No. 872 of 2013

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properties within 6 months from this day in the name of Respondent or his nominees.

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b) The appellants have voluntarily agreed that, immediately the appellants have been filed an application before the revenue authorities and get the Khata in their name in respect of land bearing Sy.No.58/4, measuring 0.03 guntas of Kethohalli village, Tavarekere Hobli, Bengaluru South Taluk, after change of Khata in their names, the appellants have execute the sale deed in the name of Respondent or his nominees within 6 months from this day.

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c) The Respondent have agreed to pay a sum of Rs.40,00,000/- by way of cheques in the name of the appellants and another daughter of C.Venkateshan namely Kavitha.K. equally at the time of executing the registered sale deed in respect of Item No.1 of schedule property in the name of Respondent and further the Respondent have agreed to pay a sum of Rs.20,00,000/- by way of cheques in the name of the appellants at the time of executing the sale deed in respect of Item No.2 schedule property in the name of Respondent and the appellants and another daughter of C.Venkateshan namely Kavitha.K

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NC: 2023:KHC:19532 RSA No. 872 of 2013

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are agreed to receive the total amount of Rs.60,00,000/- as full and final settle amount.

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d) The appellants are voluntarily agreed and undertake that, they will not claim any further amount from the Respondent in respect of schedule properties.

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e) The appellants are undertake that, they will not alienate the schedule properties in favour of any third party.

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f) The appellants and another daughter of C.Venkateshan namely Kavitha.K or their legal heirs have no manner of right, title, share and interest over the schedule properties and accept the Judgment and decree passed by the Addl. Civil Judge Sr.Dn Ramanagar on 05.04.2010 in O.S.No.104/2006.

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5. The Appellants and the Respondent settled the above said dispute as stated above amicably in order to keep the good relationship between the Appellants and the Respondent. This compromise petition is filed with the full consent, knowledge, deliberations and with free will of the Appellants and the Respondent without any coercion, duress, pressure of any quarter’s third parties and this compromise petition for the best interest of the Appellants and the Respondent.

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NC: 2023:KHC:19532 RSA No. 872 of 2013

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6. The Appellants are undertake that, the appellants, their legal heirs have no manner of right, title, share and interest over the other properties mentioned in the schedule properties and further at the time of executing the sale deed another daughter of C.Venkateshan namely Kavitha.K will keep present by appellants and signed in sale deed and further schedule properties are the absolute properties of Respondent.

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7. The Appellants and Respondent submit that this Hon’ble Court pleased to record this compromise petition and decree the suit in accordance with law, as per the terms and conditions of this compromise petition and order to return the entire Court fee to the appellant No.1 which was paid at the time of filing the above appeal.

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WHEREFORE, the Appellants and Respondent in the above case most respectfully prays that this Hon’ble Court be pleased to accept and record the compromise petition stated above and decree the suit in terms of compromise petition in favour of Respondent, in the interest of justice and equity.”

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The terms of compromise are lawful. The parties present before the Court submit that they have entered

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NC: 2023:KHC:19532 RSA No. 872 of 2013

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into compromise with their free volition and there is no force of anybody to enter into a compromise.

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Hence, this appeal is disposed of in terms of the

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compromise entered into between the parties.

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Draw the decree in terms of the compromise.

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In Paragraph No.7 of the compromise petition, it is

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stated that the entire Court fee has to be returned to

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appellant No.1. Appellant Nos.2 and 3 who are present before the Court submit that they have no objection for refund of Court fee (admissible) in favour of appellant No.1.

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Hence, Registry is directed to refund the admissible

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Court fee to appellant No.1.

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List No.: 1 Sl No.: 33

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Sd/JUDGE

Smt Mohan Ambal v. Sri v Narayana Reddy

Case brief

What is this about?

What did the court decide?

Smt Mohan Ambal v. Sri v Narayana Reddy

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

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