Disposed

Prism Mwear Ubdystries (India) Limited, v. S Sadashiva

Karnataka HC26 Nov 2024RFA/1031/2011

Case brief

AI extract

What is this about?

Appeal against a decree for specific performance was settled by compromise: the appellant agreed to pay Rs.4,75,00,000 to respondent No.1 by cheque. The court accepted the compromise, set aside the trial court judgment and decree, and drew a decree in its terms.

What did the court decide?

Trial court judgment and decree set aside in view of compromise; decree drawn in terms of compromise subject to realization of Rs.4,75,00,000 paid by cheque.

Prism Mwear Ubdystries (India) Limited, Vs S Sadashiva — Specific Performance | Karnataka HC (2024)

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1 - NC: 2024:KHC:48555 RFA No. 1031 of 2011

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 26^TH DAY OF NOVEMBER, 2024

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BEFORE

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THE HON'BLE MR JUSTICE H.P.SANDESH

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REGULAR FIRST APPEAL NO. 1031 OF 2011 (SP)

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BETWEEN:

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PRISM MWEAR UBDYSTRIES (INDIA) LIMITED, REGD. OFFICE AT NO.21/3, VINAYAKA BUILDING, T.S.T. ROAD, KALASIPALYAM, BANGALORE-560 002, REPRESENTED BY ITS POWER OF ATTORNEY HOLDER MR. PRAKASH MANGALANI.

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…APPELLANT

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(BY SRI. Y.HARIPRASAD, ADVOCATE)

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AND:

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Digitally signed by DEVIKA M Location: HIGH COURT OF KARNATAKA

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S. SADASHIVA

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S/O (LATE) SIDDAPPA, NO.23, SUSHEELA SADAN, 4^TH TEMPLE STREET, 15^TH CROSS, MALLESWARAM, BANGALORE – 560 003.

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SHRI. RAVINDRA S/O (LATE) ANJANAPPA, MAJOR, R/AT JINKEBACHAHALLY VILLAGE, KASABA HOBLI, DODDABALLAPUR TALUK.

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SMT. SUSHEELAMMA W/O (LATE) ANJANAPPA, MAJOR, R/AT JINKEBACHAHALLY

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2 - NC: 2024:KHC:48555 RFA No. 1031 of 2011

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VILLAGE, KASABA HOBLI, DODDABALLAPUR TALUK.

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SHRI. SREENIVASAMURTHY S/O (LATE) ANJANAPPA, MAJOR, R/AT JINKEBACHAHALLY VILLAGE, KASABA HOBLI, DODDABALLAPUR TALUK.

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SHRI. ANANDA S/O (LATE) ANJANAPPA, MAJOR, R/AT JINKEBACHAHALLY VILLAGE, KASABA HOBLI, DODDABALLAPUR TALUK.

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(RESPONDENTS NO.2 TO 5 ARE DELETED, VIDE ORDER DATED 26.11.2024)

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ARIVA INDUSTRIES (INDIA) LIMITED HAVING ITS REGISTERED OFFICE AT T-15, MIDC, TALOJA, NAVI MUMBAI-410 208 ACTING THROUGH ITS MANAGING DIRECTOR MR. RAAJU NARAINDAS.

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( AMENDED VIDE ORDER DATED 26.11.2024)

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…RESPONDENTS

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(BY SRI. C.M.NAGABUSHANA, ADVOCATE FOR R1;

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(R2 TO R5 ARE DELETED, VIDE ORDER DATED 26.11.2024; SRI PRAVEEN KAMATH, ADVOCATE FOR R6)

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THIS RFA IS FILED UNDER SECTION 96 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 15.04.2011 PASSED IN O.S.275/2006 ON THE FILE OF THE SENIOR CIVIL JUDGE AND J.M.F.C., DODDABALLAPURA, DECREEING THE SUIT FOR THE SPECIFIC PERFORMANCE.

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

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3 - NC: 2024:KHC:48555 RFA No. 1031 of 2011

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CORAM: HON'BLE MR. JUSTICE H.P.SANDESH

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ORAL JUDGMENT

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Appellant-power of attorney and also the respondent No.1 are present before the Court.

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The compromise intersay between the appellant and also the respondent No.1. In terms of the compromise, the appellant agreed to pay sum of Rs.4,75,00,000/- in favour of respondent No.1 by way of Cheque and subject to realization of the said Cheque, compromise is accepted and parties have also understood the terms of the compromise and appellant who is signatory and respondent No.1 also signed the compromise and respective appellant’s counsel and respective appellant’s counsel and also the counsel for respondent No.1 identified the parties and respondent No.6 who is impleaded today is also signatory to the compromise and impleading respondent No.6 authorized to represent on behalf of respondent No.2 along with authorization, Adhar card is produced before the Court.

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4 - NC: 2024:KHC:48555 RFA No. 1031 of 2011

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The compromise is accepted. The judgment and decree of the lower Court has to be set-aside in view of the compromise. Hence, draw the decree in terms of the compromise subject to realization of compromise amount which has been paid to the 1^st respondent. Accordingly, R.F.A is disposed of.

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Sd/(H.P.SANDESH) JUDGE

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RHS List No.: 1 Sl No.: 25

Prism Mwear Ubdystries (India) Limited, v. S Sadashiva

Case brief

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Prism Mwear Ubdystries (India) Limited, v. S Sadashiva

Case brief

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