Appeal against dismissal of a specific performance suit was disposed of on a joint memo recording an out-of-court settlement. The court found the settlement bona fide, set aside the impugned judgment and decree, directed the registry to draw a decree in terms of settlement, and ordered refund of court fee to the first appellant.
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NC: 2024:KHC:6418-DB RFA No. 1394 of 2017
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 15TH DAY OF FEBRUARY, 2024
PRESENT
THE HON'BLE MR JUSTICE KRISHNA S DIXIT
AND
THE HON'BLE MR JUSTICE G BASAVARAJA REGULAR FIRST APPEAL NO. 1394 OF 2017 (SP)
BETWEEN:
BOTH (1) AND (2) ARE R/AT # 27, 17TH CROSS, IST MAIN, B.K.NAGAR, YESHWANTHPUR, BENGALURU – 560 022
…APPELLANTS
Digitally signed (BY SRI. NATARAJ H T., ADVOCATE) by SHARADA VANI B AND: Location: HIGH COURT OF SRI. DEVIDASGAONKAR KARNATAKA S/O SRI. SAIROBA GAONKAR, AGED ABOUT 50 YEARS, R/AT # 57, HMT LAYOUT, 8TH A MAIN, R.T.NAGAR, BENGALURU – 560 032
…RESPONDENT
(BY SRI. MAHAMMADVASEEM S MULLA., ADVOCATE)
THIS RFA IS FILED UNDER SEC.96(1) OF CPC., AGAINST
THE JUDGMENT AND DECREE DATED:10.4.2017 PASSED IN
NC: 2024:KHC:6418-DB RFA No. 1394 of 2017
O.S NO.2234/2009 ON THE FILE OF THE XI ADDL. CITY CIVIL JUDGE, BANGALORE CITY, DISMISSING THE SUIT FOR SPECIFIC PERFORMANCE & ETC.,
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, KRISHNA S. DIXIT. J., DELIVERED THE FOLLOWING:
JUDGMENT
During the pendency of the appeal, parties having
negotiated a settlement, have moved this Joint Memo dated 6.2.2024. The same reads as under:
“1) It is submitted that, the above appeal is filed by the appellants being aggrieved by the judgement and decree passed in O.S.No.2234/2009, dated 10-04-2017, passed by the XIth Addl. City Civil Judge at Bengaluru (CCH-8) and which suit was filed for specific performance of the contract, wherein, the appellants suffered an judgement of dismissal.
2) It is further submitted that, the appellants and the respondent have amicably settled their dispute outside the Court, and having regard to the same, the appeal may kindly be disposed off as settled out of Court. Entire Court fee paid by the appellants may kindly ordered to be refunded in favour of the 1st appellant.
WHEREFORE, the above appeal may kindly be disposed as settled out of Court in the interest of justice and equity”.
Sd/Sd/-
Advocate for Appellants Appellants Sd/- Sd/Advocate for Respondent Respondent Place: Bengaluru
Date: 06-02-2024”
confidence in the mind of court as to the settlement being bonafide and that there is no legal or factual impediment for disposing off the appeal in question in terms thereof.
Ordered accordingly and the appeal is disposed off. Registry to draw decree in terms of settlement.
NC: 2024:KHC:6418-DB RFA No. 1394 of 2017
Registry is also directed to refund the entire Court
Fee to the first appellant, in accordance with law.
Sd/JUDGE
Sd/JUDGE
CBC list no.: 1 sl no.: 39
1 issue framed by the court
Whether the appeal should be disposed of in terms of the joint memo recording an out-of-court settlement between the parties.
1 provisions across 1 enactments
B.S. Krishnamurthy
B.K. Roopa
Devidas Gaonkar
Krishna S Dixit
G Basavaraja
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
