Dismissed

G B Devaraj Since Dead by Lrs v. Chikka Narayanappa Dead by Lrs

Karnataka HC1 Jul 2024RFA/34/2024

Case brief

AI extract

What is this about?

Regular first appeal from dismissal of a suit for specific performance was withdrawn after parties settled out of court and executed a registered sale deed dated 22.04.2024 between the appellants and respondent No.5. The court accepted the withdrawal memo, noted it did not affect non-settling parties, and ordered refund of court fee.

What the court decided

AI extract

G B Devaraj Since Dead by Lrs Vs Chikka Narayanappa… — Specific Performance | Karnataka HC (2024)

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NC: 2024:KHC:24340-DB RFA No. 34 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 1^ST DAY OF JULY, 2024

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PRESENT

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THE HON'BLE MRS JUSTICE ANU SIVARAMAN

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AND

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THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE REGULAR FIRST APPEAL NO. 34 OF 2024 (SP)

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BETWEEN:

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G B DEVARAJ SINCE DEAD BY LR'S

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SMT YASHODHAMMA, W/O G.B DEVARAJ, AGED ABOUT 50 YEARS, R/AT Y.N HOSAKOTE, PAVGADA TALUK, CHIKKABALLAPURA DISTRICT -572141.

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SMT SATHYAVATHI P, W/O P DEVARAJ,

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Digitally signed by C HONNUR SAB Location: HIGH COURT OF KARNATAKA

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AGED ABOUT 49 YEARS, R/AT NUMBER 28/7-286, MAIN ROAD, MADDAREDDY PALLI VILLAGE, HIONDUPUR VILLAGE, ANANTHAPUR DISTRICT-515202.

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…APPELLANTS

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(BY SRI PRITHVIRAJ SHASTRY G, ADVOCATE FOR SRI G BALAKRISHNA SHASTRY, ADVOCATE) AND:

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CHIKKA NARAYANAPPA DEAD BY LR'S

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SMT LAKSHIMNARASAMMA, W/O LATE CHIKKANARAYANAPPA, AGED ABOUT 64 YEARS,

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SMT PADMVATHAMMA, D/O LATE CHIKKANARAYANPPA,

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2 - NC: 2024:KHC:24340-DB RFA No. 34 of 2024

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AGED ABOUT 50 YEARS,

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SRINATH, S/O LATE CHIKKANARAYANPPA, AGED ABOUT 47 YEARS,

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RAMESH, S/O LATE CHIKKANARAYANPPA, MAJOR ALL ARE RESIDING AT: 18^TH WARD, GEETHA, MANDIR ROAD, KUMBARAPETE, BAGEPALLI TOWN & TALUK, CHIKKABALLAPURA DISTRICT-561207.

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THIMMAIAH, S/O MUNIVENKATAPPA, MAJOR, R/AT OJENHALLI, (GUNDAMGERE) SASALU HOBLI, DODDABALLAPLURA TALUK, BANGALORE RURAL DISTRICT-561203.

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AMARANATH, S/O DODDANARAYANASWAMY, MAJOR, R/AT MOOGACHINNAPALLI, VILLAGE, MITTEMARI HOBLI, BAGEPALLI TALUK, CHIKKABALLAPURA DISTRICT-561207.

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NARAYANAPPA, S/O YANAMULA VENKATAPPA, MAJOR, R/AT 13^TH WARD, AMEDKARA NAGARA, BAGEPALLI TOWN AND TALUK, CHIKKABALLAPURA DISTRICT-561207.

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MS SANKEERTHANA, D/O LATE G B DEVARAJ, AGED ABOUT 30 YEARS,

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DEVANANDH, S/O LATE G B DEVARAJ, AGED ABOUT 28 YEARS, RESPONDETNS NO.8 & 9 ARE R/AT: Y.N.HOSAKOTE, PAVGADA TALUK, CHIKKABALLPURA DISTRICT -572141.

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3 - NC: 2024:KHC:24340-DB RFA No. 34 of 2024

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P NAGARAJU, S/O LATE P KRISHNAYYA, MAJOR, R/AT NUMBER 185, 2^ND CROSS, 1^ST MAIN, 5^TH STAGE, 60 FEET ROAD, MAHA GANAPATHI NAGAR, WEST OF CARD ROAD, BANGALORE-560010.

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K ESHWARA, S/O LATE ADIVPPA, MAJOR, R/AT RTC COLONY, HINDUPUR TALUK, ANANTHAPUR DISTRICT -515201.

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…RESPONDENTS

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(BY MS SWAPNA R NAIR, ADVOCATE FOR SRI V SHIVAKUMAR, ADVOCATE FOR R5, R1, R3, R4, R6, R7, R8, R9 AND R10 ARE SERVED BUT UNREPRESENTED)

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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 15.09.2023 PASSED IN OS NO.267/2017 ON THE FILE OF SENIOR CIVIL JUDGE, BAGEPALLI, DISMISSING THE SUIT FOR SPECIFIC PERFORMANCE OF CONTRACT.

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THIS APPEAL COMING ON FOR ORDERS THIS DAY ANU SIVARAMAN J., DELIVERED THE FOLLOWING:

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JUDGMENT

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Heard the learned counsel appearing for the

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appellants as well as the learned counsel appearing for the respondents.

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Memo is filed seeking withdrawal of the appeal.

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4 - NC: 2024:KHC:24340-DB RFA No. 34 of 2024

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It is submitted by the learned counsel

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appearing for the respondents that though it is stated in the memo that registered agreement dated 22.04.2024 registered before the Sub-Registrar, Bagepalli what is been actually registered is the sale deed dated 22.04.2024. It is however submitted by the learned counsel appearing for the respondents that the matter stand settled out of Court and such a sale deed has been registered on 22.04.2024.

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In the above view of the matter, memo for withdrawal is accepted.

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Accordingly, the appeal is dismissed as

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withdrawn on the settlement arrived at between the parties out of the Court as well as the registered sale deed dated 22.04.2024. However, it is made clear that as stated in the memo itself, the settlement arrived at appears to be between the appellants and respondent No.5. Thus, withdrawal of this Appeal will not affect the

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NC: 2024:KHC:24340-DB RFA No. 34 of 2024

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parties who are not parties to the compromise or the

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settlement arrived at between the parties.

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Registry to refund the Court fee to the

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appellants after proper identification.

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Sd/JUDGE

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Sd/JUDGE

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GVP List No.: 1 Sl No.: 12

G B Devaraj Since Dead by Lrs v. Chikka Narayanappa Dead by Lrs

Case brief

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What the court decided

G B Devaraj Since Dead by Lrs v. Chikka Narayanappa Dead by Lrs

Case brief

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What the court decided

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