Disposed

Smt Gayathri v. Sri Jayanthilal Bhandari

Karnataka HC15 Mar 2024RFA/1563/2017

Case brief

AI extract

What is this about?

Regular First Appeal against a trial court decree over suit schedule property was settled out of court. Parties filed a compromise petition under Order XXIII Rule 3 CPC agreeing on conveyance of the property for agreed consideration; the court accepted the compromise and disposed of the appeal accordingly.

What did the court decide?

Appeal disposed of per compromise: sale deed execution agreed, appellant No.1 permitted to withdraw deposited amount plus interest, court fee refunded, decree ordered.

Smt Gayathri Vs Sri Jayanthilal Bhandari — Property and Title | Karnataka HC (2024)

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1 - NC: 2024:KHC:16624-DB RFA No. 1563 of 2017

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 15^TH DAY OF MARCH, 2024

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PRESENT

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THE HON'BLE MR JUSTICE K.SOMASHEKAR

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AND

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THE HON'BLE MR JUSTICE RAJESH RAI K REGULAR FIRST APPEAL NO. 1563 OF 2017

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BETWEEN:

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SMT GAYATHRI W/O LATE M.D.NAGABHUSAN AGED ABOUT 64 YEARS

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SMT.M.N.PRASANNA PARVATHI D/O LATE M.D.NAGABHUSAN, AGED ABOUT 47 YEARS

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Digitally signed by SUMATHY KANNAN Location: High Court of Karnataka

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SMT.M.N.MANJULA D/O LATE M.D.NAGABHUSAN AGED ABOUT 44 YEARS

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SMT.M.N.SHARADA D/O LATE M.D.NAGABHUSAN AGED ABOUT 42 YEARS

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SRI.M.N.RAGHAVENDRA S/O LATE M.D.NAGABHUSAN AGED ABOUT 37 YEARS

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KUM.M.N.TARA D/O LATE M.D.NAGABHUSAN AGED ABOUT 32 YEARS

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ALL ARE R/AT NO.808, 6^TH CROSS 5^TH MAIN, M.C.LAYOUT VIJAYANAGAR, BENGALURU-560 040.

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…APPELLANTS

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(BY SRI. SAMANTH H S – ADVOCATE FOR SRI. SANGAMESH R B - ADVOCATE)

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2 - NC: 2024:KHC:16624-DB RFA No. 1563 of 2017

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AND:

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SRI JAYANTHILAL BHANDARI S/O SRI SAKALCHANDJI AGED ABOUT 43 YEARS R/AT 18/7, 2^ND FLOOR K.V.TEMPLE STREET 2^ND CROSS ROAD, SAWRASTRAPET BENGALURU-560 053.

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…RESPONDENT

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(BY SRI. SHASHANK S - ADVOCATE FOR SRI. S V SRINIVAS - ADVOCATE )

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THIS RFA FILED UNDER SEC.96 OF CPC., PRAYING TO SET ASIDE THE JUDGMENT AND DECREE DATED 18^TH JULY 2017 PASSED IN OS NO.7318/2012 ON THE FILE OF THE XXXI-ADDL. CITY CIVIL AND SESSIONS JUDGE, BENGALURU.

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THIS RFA COMING ON FOR ORDERS, THIS DAY, K. SOMASHEKAR .J., DELIVERED THE FOLLOWING:

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JUDGMENT

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This appeal is filed challenging the judgment and decree dated 18.07.2017 passed in O.S.No.7318/2012, on the file of XXXI Addl. City Civil and Sessions Judge, Bengaluru (CCH-14). The suit in O.S.No.7318/2012 was initiated by the plaintiff against the defendants in respect of suit schedule property depicted therein. Accordingly, the Court having jurisdiction to deal with aforesaid original suit, rendered a judgment and decree. It is the said judgment

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3 - NC: 2024:KHC:16624-DB RFA No. 1563 of 2017

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and decree which is under challenge in this appeal by urging

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various grounds.

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Heard learned counsel Sri Sangamesh R B for the appellant and learned counsel Sri Shashank S on behalf of the learned counsel Shri S.V. Srinivas for the respondents.

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In this appeal, the respective learned counsel for both the parties, have filed a compromise petition under Order XXIII Rule 3 of the Code of Civil Procedure stating that the appellants and respondents have arrived at a settlement in terms of the compromise. As per the said compromise petition, out of the total agreed sale consideration amount for sale of the suit schedule property of Rs.27,09,000/(Rupees Twenty seven lakhs nine Thousand Only), the Respondent has paid an advance sale consideration amount of Rs.7,00,000/- (Rupees Seven Lakhs Only) to the Appellants and pursuant to the aforesaid judgment and decree passed in O.S.No.7318/2012, the Respondent herein has deposited the remaining sale consideration amount i.e. a sum of Rs.20,09,000/(Rupees Twenty Lakhs Nine

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4 - NC: 2024:KHC:16624-DB RFA No. 1563 of 2017

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Thousand Only) before the trial Court vide acknowledgement dated 12.09.2017.

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It is stated that the parties herein at the instance of the elders and well wishers have settled their disputes interse amongst themselves in view of which, the parties are entering into this compromise petition agreeing upon the following terms and conditions :

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1. The Appellants herein have agreed to execute the registered absolute sale deed in favour of the Respondent thereby conveying the suit schedule property in favour of the Respondent by receiving additional amount of Rs.9,85,000/(Rupees Nine Lakhs Eighty-five Thousand Only) at the cost of the Respondent as to stamp duty and registration charges etc.

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1. The Respondent shall pay the additional sum of Rs.9,85,000/- (Rupees Nine Lakhs Eighty-five Thousand Only) by way of Demand Draft issued by any nationalized bank drawn in favour of 1^st Appellant namely Smt.Gayathri as desired by all the

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5 - NC: 2024:KHC:16624-DB RFA No. 1563 of 2017

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Appellants at the time of the execution and registration of the sale deed in favour of the Respondent.

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1. In view of the present compromise, it is respectfully prayed that this Hon’ble Court be pleased to permit the 1st Appellant i.e Smt.Gayathri to withdraw the amount which is deposited by the Respondent before the trial Court in O.S.No.7318/2012 along with the accrued interest.

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1. The Appellants and the Respondent respectfully pray before this Hon’ble Court to allow the present appeal in terms of this compromise petition, directing each party to bear their costs.

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These are the conditions agreed to between appellants and respondent out of their free will and volition after discussing the same with their respective family members and there is no element of fraud, coercion, undue influence, misrepresentation or mistake. Further, both parties respectively submit that the present compromise is in the best interest of both the parties and it is also the only

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6 - NC: 2024:KHC:16624-DB RFA No. 1563 of 2017

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way to put an end to the long pending litigation and restore peace and harmony between the parties.

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These are all the things stated in the compromise petition. Appellants Nos.1, 2, 3, 4 and 6 have executed General Power of Attorney in favour of Appellant No.5 namely Sri M N Raghavendra who is present before the Court physically and he has apprised the conditions stated in the compromise petition.

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Respondent Sri. Jayanthilal Bhandari, is also present before the Court physically and has apprised the conditions stated in the compromise petition. Therefore, in their presence compromise petition is hereby accepted. Accordingly, the appeal stands disposed of in terms of the compromise entered into between both the parties. Office is directed to draw the decree accordingly.

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Court fee which is paid by appellants to prefer the present appeal, shall be refunded to the appellant No.1

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7 - NC: 2024:KHC:16624-DB RFA No. 1563 of 2017

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namely Smt Gayathri W/o Late M D Nagabhushan, on due identification.

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In view of the disposal of this appeal by way of a compromise arrived at between the parties, all the pending I.As. in this appeal stand disposed of.

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Sd/JUDGE

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Sd/JUDGE

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RJ / KS

Smt Gayathri v. Sri Jayanthilal Bhandari

Case brief

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Smt Gayathri v. Sri Jayanthilal Bhandari

Case brief

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