Disposed

Sri Mahesha v. Sri G H Channakeshava

Karnataka HC5 Sept 2024RFA/187/2023

Case brief

AI extract

What is this about?

Appeal against a decree for specific performance was disposed of on a joint compromise petition under Order XXIII Rule 3 CPC. The court recorded the parties' free consent, accepted the compromise, directed a modified decree, awarded no costs to either side, and permitted refund of court fee.

What did the court decide?

Appeal disposed in terms of compromise; modified decree to be drawn; refund of permissible court fee to appellant; parties bear own costs.

Sri Mahesha Vs Sri G H Channakeshava — Specific Performance | Karnataka HC (2024)

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NC: 2024:KHC:36700 RFA No. 187 of 2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 05^TH DAY OF SEPTEMBER, 2024

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BEFORE

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THE HON'BLE MR JUSTICE V SRISHANANDA REGULAR FIRST APPEAL No.187 OF 2023 (SP)

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BETWEEN:

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SRI MAHESHA

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S/O CHANDREGOWDA AGED ABOUT 46 YEARS R/A KABBALLI HOSAHALLI DUDDA HOBLI

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HASSAN TALUK AND DISTRICT-573201

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…APPELLANT

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(BY SRI H J ANANDA, ADVOCATE)

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AND:

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Digitally signed by MALATESH K C Location: HIGH COURT OF KARNATAKA

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SRI G H CHANNAKESHAVA S/O HANUMANTHE GOWDA AGED ABOUT 51 YEARS R/A MIG 900, BELAKU NILAYA 34^TH CROSS, OPP: NEW BUS STAND KHB EXTENSION, CHANNAPATNA HASSAN-573201

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…RESPONDENT

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(BY SMT H.C.LOKESHWARI, ADVOCATE)

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THIS RFA IS FILED UNDER SECTION 96 R/W ORDER 41 RULE 1 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 20.10.2022 PASSED IN O.S.NO.125/2018 ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, HASSAN, DECREEING THE SUIT FOR SPECIFIC PERFORMANCE OF CONTRACT.

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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 MR JUSTICE V SRISHANANDA

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NC: 2024:KHC:36700 RFA No. 187 of 2023

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ORAL JUDGMENT

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Parties are present with their respective advocates. They present a joint compromise petition under Order XXIII Rule 3 of the Code of Civil Procedure signed by the parties and their respective advocates.

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The contents of the compromise petition are read over to the parties. Parties submit that the terms of the compromise petition depict the true terms of settlement. They also unequivocally submit that there is no force, coercion or undue influence in reaching out the compromise.

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Accordingly, there is no impediment for this Court to accept the compromise petition and dispose of the appeal in terms of the compromise petition.

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Hence, the following:

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ORDER

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(i) Appeal stands disposed of in terms of the compromise petition.

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(ii) Office is directed to draw modified decree in terms of the compromise petition appending the copy of compromise petition as part of the decree.

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NC: 2024:KHC:36700 RFA No. 187 of 2023

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(iii) Parties to bear their own costs.

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(iv) Appellant is entitled for the refund of permissible Court Fee.

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Sd/(V SRISHANANDA) JUDGE

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kcm List No.: 1 Sl No.: 48

Sri Mahesha v. Sri G H Channakeshava

Case brief

What is this about?

What did the court decide?

Sri Mahesha v. Sri G H Channakeshava

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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