Disposed

Sri H K Prakash v. Sri B Raju

Karnataka HC11 Sept 2024MFA/6378/2023

Case brief

AI extract

What is this about?

In an appeal against dismissal of a petition to set aside an ex-parte decree and condone delay in a specific performance suit, the High Court disposed of the matter based on a compromise memorandum filed by the parties agreeing to a settlement of Rs. 24 lakhs.

What did the court decide?

The appeal was disposed of in terms of the filed compromise memorandum. Pending interpleader applications were closed.

Sri H K Prakash Vs Sri B Raju — Specific Performance | Karnataka HC (2024)

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NC: 2024:KHC:37150 MFA No. 6378 of 2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 11^TH DAY OF SEPTEMBER, 2024

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BEFORE

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THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS FIRST APPEAL NO. 6378 OF 2023 (CPC)

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BETWEEN:

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SRI. H. K. PRAKASH AGED ABOUT 50 YEARS S/O. KEMPAIAH R/AT K. HONNALAGERE VILLAGE KASABA HOBLI MADDUR TALUK - 571428 MANDYA DISTRICT

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AND ALSO PRESENTLY R/AT 12/6 CHANNEL ROAD, 3^RD CROSS VIVEKANANDA NAGAR CHANNAPATNA TOWN-562 160 RAMANAGARA DISTRICT

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…APPELLANT

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(BY SRI. BHADRINATH R., ADVOCATE)

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AND:

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Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA

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SRI. B. RAJU AGED ABOUT 66 YEARS S/O. LATE BASAVARAJE GOWDA RESIDING AT MENASIGANAHALLI VILLAGE VIRUPAKSIPURA HOBLI CHANNAPATNA TLAUK-562160 RAMANAGARA DISTRICT

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…RESPONDENT

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(BY SRI. K. P. BHUVAN, ADVOCATE)

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THIS MFA IS FILED UNDER ORDER 43 RULE 1(d) OF CPC, AGAINST THE ORDER DATED 12.09.2023 PASSED IN MISC.NO. 04/2021 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, CHANNAPATNA, DISMISSING THE PETITION FILED UNDER ORDER IX RULE 13 READ WITH SECTION 151 OF CPC, WITH COST OF RS. 2,000/-.

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NC: 2024:KHC:37150 MFA No. 6378 of 2023

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THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

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CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI

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ORAL JUDGMENT

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The present MFA is filed aggrieved by the orders passed in Misc.No.04/2021 dated 12.09.2023, whereby the Court had dismissed the petition with cost of Rs . 2,000/- to be paid to the respondent in the Execution No.09/2019 and I.A.No.1 filed by the petitioner under Section 5 of Limitation Act is also dismissed.

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O.S.No.72/ 2017 is filed seeking specific performance of an agreement of sale dated 25.07.2015. The Court had passed an exparte judgment and decree on 20.12.2018. Thereafter, the present miscellaneous application is filed to condone the delay of 18 months and to set-aside the exparte judgment and decree dated 20.12.2018. The trial Court had dismissed the said application and while dismissing the application, the Court observed that the order sheet of O.S.No.72/2017 shows that the respondent has taken the summons through

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3 - NC: 2024:KHC:37150 MFA No. 6378 of 2023

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RPAD and also through affixture. A careful perusal of the shara made on the summons shows that the villagers have informed the process server that the defendant was not residing in the said address at present, but the very admission made by the defendant in the crossexamination that his family members are still residing in the village, shows that he has got a link with his relatives at the village. Even as per the deposition of PW1, he had relinquished the said property to his uncle's son. The said transaction was not a sale transaction. The Court has come to the conclusion that the defendant is aware of the pending proceedings and the Court finds that there are no reasons to set-aside the judgment and decree passed in O.S. No.72/2017. Against that, the present MFA is filed.

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When this MFA has come up before this Court

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on 30.8.2024, it is submitted that there is a scope for compromise and sought for time and accordingly, the matter was adjourned. On 05.09.2024, when the matter came up before the court, it is submitted that the parties

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NC: 2024:KHC:37150 MFA No. 6378 of 2023

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have compromised and they will file a memo before this court. Today, the parties have filed a compromised memo

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and both the parties are present before the court. The compromise reads as follows.

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"06. The appellant and respondent submits the appellant has agreed to pay total sum of Rs.24,00,000/-(Rupees twenty four lakhs only) to the respondent as full and final settlement in respect of the registered sale agreement deed dated 25.07.2015 in respect of the suit schedule property on or before the 15.01.2025 and the respondent has agreed for the same as hereunder:

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i. The appellant agreed to pay an sum of Rs.12,00,000/- (Rupees twelve lakhs only) infavour of respondent by way of postdated cheque bearing No.345710, dated 25.11.2024, drawn at Federal Bank, Channapatna Branch at Bengaluru Rural District-571 501.

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ii. The appellant agreed to pay an sum of Rs.12,00,000/- (Rupees twelve lakhs only) infavour of respondent by way of postdated chequebearing No.345711, dated 10.01.2025, drawn at Federal Bank, Channapatna Branch at Bengaluru Rural District-571 501 &

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5 - NC: 2024:KHC:37150 MFA No. 6378 of 2023

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iii. The appellant has no-objection to refund/withdraw the amount already deposited of sum for Rs.17,50,000/-(Rupees seventeen lakhs fifty thousand only) under R.O.No.194 of 2018-19 before the executing court Ex.Pet.No.09 of 2019 on the file of Senior Civil Judge & JMFC at Channapatna infavour of the respondent herein.

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iv. If the appellant committed any default in first instalment amount and the appellant undertakes to pay an additional amount of Rs.50,000/- (Rupees fifty thousand only) on or before 15.01.2025 to the respondent. If the appellant default in performing his obligation within stipulated period on or before 15.01.2025, the appellant abide by order in Misc.No.04 of 2021 same attained finality and the respondent can obtain sale deed through the process of court.

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07. The respondent has acknowledged above said cheques/amount under the present appeal as full and final settlement, after honoring the above said cheques, the respondent undertake to execute cancellation deed in respect of registered sale agreement deed dated 25.07.2015 in respect of suit schedule property within one month from 15.01.2025.

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08. The appellant and respondent undertake that they shall not proceed or claim against each other in respect

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NC: 2024:KHC:37150 MFA No. 6378 of 2023

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of the present appeal/suit schedule property and registered sale agreement deed dated 25.07.2015, in view of the present settlement the appellant and respondent are withdrawing the allegations and counter allegations made against each other except what is stated in this compromise petition.

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09. The compromise petition is entered/signed by the appellant and respondent out of their own free will and volition and the same is without any fraud, threat, coercion or undue influence.

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Wherefore, the appellant and respondent prays that this Hon’ble Court be pleased to dispose off the present appeal in terms of the compromise petition in the interest of justice and equity.

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SCHEDULE PROPERTY

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All the piece and parcel of the property bearing Khaneshumari No.12/6, E-Katha No.152900103000200516, situated at Mangalavarapete Village, within the limits of Thittamarana Halli Grama Panchayat, Kasaba Hobli, Chennapatna Taluk, Ramanagara District, measuring East to West 7.62 meters and North to South 13.411200000000001 meters vacant site consisting of RCC roofed ground, first & Second floor house and bound on:

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EAST BY : Road& Site No.7 WEST BY : Site No.5

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NC: 2024:KHC:37150 MFA No. 6378 of 2023

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NORTH BY : Channel Road

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SOUTH BY : M.T.Nagaraju"

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As per the compromise memo, the appellant

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had agreed to pay a total sum of Rs.24,00,000/- as a full and final settlement. For that, he had given a post dated cheque dated 25.11.2024 for Rs.12,00,000/- and another cheque for Rs.12,00,000/- which is dated 10.01.2025 and in case, there is any default in the first installment, the appellant had undertaken to pay an additional amount of Rs.50,000/- on or before 15.01.2025 and basing on this compromise, they will report before the Court below.

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Learned counsel appearing for the respondent submits that he has already paid a court fees of Rs.1,12,000/- and as this matter is compromised, he is entitled for refund of the said Court fees. The appellant

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had given two post dated cheques for an amount of Rs.24,00,000/- to the Respondent, who is present before this Court.

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NC: 2024:KHC:37150 MFA No. 6378 of 2023

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The compromise memo filed before this Court,

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is taken on record.

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In terms of the compromise memo, the MFA is disposed of . The trial Court shall take up this matter on 20.01.2025. This joint memo shall form part of the order and the same shall be annexed to the order. Even in the compromise, it is mentioned that the plaintiff had deposited an amount of Rs.17,50,000/-. In the light of the compromise, he is at liberty to withdraw the amount.

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All pending I.A.’s. in this appeal shall stand closed.

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SD/(LALITHA KANNEGANTI) JUDGE

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List No.: 1 Sl No.: 16

Sri H K Prakash v. Sri B Raju

Case brief

What is this about?

What did the court decide?

Sri H K Prakash v. Sri B Raju

Case brief

What is this about?

What did the court decide?

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