Allowed

Chandrashekhar S/O Shankarappa Badami, v. Somappa S/O. Ramappa Kuradgi

Karnataka HC25 Nov 2024RFA/100103/2015

Case brief

AI extract

What is this about?

The High Court of Karnataka accepted a compromise petition filed during a regular first appeal regarding a suit for specific performance. The court modified the impugned judgment and decree based on the settlement agreed to by the parties, involving payment of a sum towards the dispute and cancellation of the registered sale agreement.

What did the court decide?

Impugned judgment and decree modified; compromise accepted; sale agreement cancelled; appeal disposed of; Registry directed to release deposit and refund court fee.

Chandrashekhar S/O Shankarappa Badami, Vs Somappa… — Specific Performance | Karnataka HC (2024)

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1 - NC: 2024:KHC-D:17283 RFA No. 100103 of 2015

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IN THE HIGH COURT OF KARNATAKA,

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DHARWAD BENCH

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DATED THIS THE 25^TH DAY OF NOVEMBER, 2024

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BEFORE

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THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE

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REGULAR FIRST APPEAL NO. 100103 OF 2015 (DEC-)

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BETWEEN:

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CHANDRASHEKHAR S/O. SHANKARAPPA BADAMI, AGE: 38 YEARS, OCC: AGRICULTURE, R/O: NADUVIN ONI, DEVANGPETH, HUBBALLI, DIST: DHARWAD.

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RAJASHEKHAR S/O. SHANKARAPPA BADAMI, AGE: 36 YEARS, OCC: AGRICULTURE, R/O: NADUVIN ONI, DEVANGPETH, HUBBALLI, DIST: DHARWAD.

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…APPELLANTS

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(BY SRI. MALLIKARJUNSWAMY B. HIREMATH, ADVOCATE)

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AND:

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ASHPAK

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KASHIMSA MALAGALADINNI

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Location: HIGH COURT OF KARNATAKA

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SOMAPPA S/O. RAMAPPA KURADAGI, SINCE DECEASED BY HIS LR’S

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1A. AKSHAY S/O. SOMAPPA KURADAGI, AGE:25 YEARS, OCC:AGRICULTURE, R/O: HEBSUR, TQ: HUBBALLI, DIST: DHARWAD.

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…RESPONDENT

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(BY SRI. ARAVIND D. KULKARNI, ADVOCATE)

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THIS RFA IS FILED UNDER SEC.96 OF CPC., PRAYING TO MODIFY THE JUDGMENT AND DECREE DATED 19.02.2015 PASSED BY THE III ADDL. SENIOR CIVIL JUDGE, HUBBALLI IN O.S.NO.275/2010 AND DECREE THE SAME IN ENTIRETY BY GRANTING RELIEF OF SPECIFIC PERFORMANCE IN THE INTEREST OF JUSTICE AND EQUITY.

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2 - NC: 2024:KHC-D:17283 RFA No. 100103 of 2015

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

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CORAM: THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE

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ORAL JUDGMENT

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This appeal is against a decree granting alternative relief for refund of earnest amount. The relief of specific performance was rejected by the trial Court. Hence, the plaintiffs are in appeal challenging the judgment and decree refusing the relief of specific performance. The original defendant/respondent died and is represented by his legal representatives.

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Learned counsel for the appellants and the respondent are present before the Court. Appellants are also present before the Court and respondent is also present before the Court. Learned counsel for the parties identifies the respective parties.

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Compromise petition is filed reporting settlement. The appellants in full and final satisfaction of their claim, have agreed to receive Rs.35,00,000/- as

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3 - NC: 2024:KHC-D:17283 RFA No. 100103 of 2015

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against their claim for specific performance. The respondent has paid Rs.11,43,001/- through Demand Draft drawn in favour of appellant No.1. The copy of the Demand Draft dated 25.11.2024 drawn by Raddi Sahakara Bank Niyamitha, Dharwad is enclosed. The compromise petition would reveal that Rs.23,57,152/- is deposited before III Addl. Senior Civil Judge, Hubballi and it is agreed that the said amount shall be released in the name of appellant No.1. On receipt of said amount, the claim of appellants will be satisfied and they will have no claim over the suit schedule property.

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This Court has perused the terms and conditions of the compromise. The parties on enquiry

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before the Court would submit that they have voluntarily entered into settlement.

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The compromise petition submitted by the parties reads as under:

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NC: 2024:KHC-D:17283 RFA No. 100103 of 2015

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COMPROMISE APPLICATION UNDER ORDER 23

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RULE 3 OF CPC

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Appellants and Respondent submit as follows:-

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That the Appellants herein seeking for modification of the judgment and decree dated 19/02/2015 passed by the III Addl. Senior Civil Judge, Hubballi in O. S No. 275/2010 and also sought for decreeing the suit in entirety by granting the relief of Specific Performance.

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It is submitted that Appellants herein had filed a suit for Specific Performance of contract against the Original Defendant i.e., Somappa. Trial Court upon consideration had decreed in part and thereby directed the Defendant to pay Rs.10,00,000/- to the Plaintiffs with the interest of 12% p.a. Challenging the said judgment and decree of the Trail Court Plaintiffs came in captioned Appeal before this Hon’ble Court seeking for decreeing of the suit in its entirety.

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It is submitted that during the pendency of the captioned appeal, both the parties after due deliberations and in view of the fact that in O. S No. 275/2010, now have agreed to amicably settle the matter in the following terms: -

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5 - NC: 2024:KHC-D:17283 RFA No. 100103 of 2015

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Appellants herein and Respondent herein have agreed for full and final settle the present dispute for Rs. 35,00,000/-, which includes the amount already deposited in the Decretal Court by the Judgment Debtor including interest. Both Appellants and Respondent have agreed that Respondent shall pay an amount of Rs. 35,00,000/- towards the entire present dispute/litigation pertaining to the Agreement dated 25/06/2010.

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It is agreed by both the parties that as in compliance with the decree of the Trail Court Respondent herein has already deposited an amount of Rs. 23,57,152/through cheque bearing No.003921 of ICICI Bank, Hubli branch, Hubballi dated 10/04/2023. Appellants herein have agreed to withdraw the said amount from the Trial Court. Respondent has no any objection for same.

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It is further agreed by the Appellant herein that Remaining amount of Rs. 11,42,848/- (rounded off to Rs. 11,43,000/-) has been paid by the Respondent herein by way of Demand Draft bearing No. 000120 dated 25/11/2024 drawn on bank The Raddi Sahakari Bank Niyamitha, Dharwad, Appellants herein acknowledge the receipt of the said amount/Demand Draft. Therefore, Appellant herein has accepted that the amount already

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6 - NC: 2024:KHC-D:17283 RFA No. 100103 of 2015

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deposited before the Trial Court i.e., Rs. 23,57,152/+ 11,42,848/-(rounded off to 11,43,000/-) (now paid through above said DD) = will be Rs.35,00,000/-.

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It is submitted that both the Appellants and Respondent have accepted the above said settlement, is voluntarily and out of free mind. Further both the Appellant No.1 and 2 have agreed to draw the Demand Draft of Rs. 11,42,848/(rounded off to 11,43,000/-) in the name of Sri. Chandrashekhar S/O Shankarappa Badami who is Appellant No.1 herein and accordingly Respondent has drawn the Demand Draft in the name of Appellant No.1 i.e., one Sri. Chandrashekhar S/O Shankarappa Badami.

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In view of the above settlement neither the Appellants/Plaintiffs nor their successors will have no any kind of right over the suit schedule property i.e., Sy. No. 762/1 measuring 18 acres situated in Hebsur Village, Tq:- Hubballi, Dist:- Dharwad.

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It is agreed by both Appellants as well as Respondent that in view of the above said settlement the Registered Agreement of sale Documentation No.3422, No. HBL – 1-03422-201011, CD No. HBLD158, stands cancelled.

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7 - NC: 2024:KHC-D:17283 RFA No. 100103 of 2015

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Both the parties have also agreed that the present settlement is towards full and final settlement of the present litigation. It is also agreed by both the parties to the litigation that they have no any other/further claims against Respondent regarding the present litigation. In view of the above said settlement between the parties, it is most respectfully submitted that the impugned judgment and decree may kindly be modified in terms of the above-mentioned settlement, in the interest of justice and equity.

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Wherefore, it is most humbly prayed before this Hon’ble Court to accept the abovementioned settlement between the parties and may kindly be pleased to modify the impugned judgment and decree in terms of the above settlement and hold that the entire claim of the Appellants regarding the subject matter of the present litigation are settled/closed.

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This Court does not find any impediment to

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accept the terms of the settlement. Compromise petition is accepted.

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The impugned judgment and decree are

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modified in terms of the settlement.

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8 - NC: 2024:KHC-D:17283 RFA No. 100103 of 2015

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Registry to draw decree accordingly.

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The trial Court shall release the amount in

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deposit to the appellant No.1 after due identification.

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Registry shall refund the Court fee to the

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appellant No.1.

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Appeal is disposed of in terms of compromise.

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Sd/(ANANT RAMANATH HEGDE)

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JUDGE

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RKM

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CT:ANB, List No.: 1 Sl No.: 29

Chandrashekhar S/O Shankarappa Badami, v. Somappa S/O. Ramappa Kuradgi

Case brief

What is this about?

What did the court decide?

Chandrashekhar S/O Shankarappa Badami, v. Somappa S/O. Ramappa Kuradgi

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

Statutes considered

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