Shri. Ishwar S/O Yallojirao Melge Vs Shri. Prakash Yashwant Pote

THIS RFA IS FILED UNDER SEC. 96 READ WITH ORDER 41 RULE 1 OF CPC, 1908, AGAINST THE JUDGMENT AND DECREE DATED:30.11.2017 PASSED IN O.S.NO.47/2013 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND CHIEF JUDICIAL MAGISTRATE, BELAGAVI, DISMISSING THE SUIT FILED FOR SPECIFIC PERFORMANCE OF CONTRACT.

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

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CORAM: THE HON'BLE MR. JUSTICE ASHOK S. KINAGI AND THE HON'BLE MR. JUSTICE UMESH M ADIGA

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NC: 2025:KHC-D:1547-DB RFA No. 100064 of 2018

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ORAL JUDGMENT

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(PER: THE HON'BLE MR. JUSTICE ASHOK S. KINAGI)

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Appellants, respondents No.1, 3 and 4 are present before the Court and they are identified by their respective counsel. They have filed a compromise petition, which reads as under:

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1. That the appellants/plaintiffs herein filed OS No 47/2013 for specific performance of agreement before the Prl Senior Civil Judge and CJM-Belagavi and same came to be dismissed by judgment and decree dated 30/11/2017 in OS No 47/2013 Prl Senior Civil Judge and CJM-Belagavi.

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2. That the appellants/plaintiffs being aggrieved by the judgment and decree dated 30/11/2017 in OS No 47/2013 Prl Senior Civil Judge and CJM-Belagaví preferred above appeal.

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3. That the respondent No 2/defendant No 2 now has been paralyzed as such unable move and is bedridden as such respondent No 1 being husband and respondent No 3 and 4 are sons undertake to compromise the matter on behalf of the respondent No 2.

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4. The appellants and respondents have decided to settle the dispute amicably compromised/settled dispute with each other as under

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NC: 2025:KHC-D:1547-DB RFA No. 100064 of 2018

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a. That the appellants/plaintiffs have agreed to receive the Rs.15,00,0000/- towards full and final settlement and appellants/plaintiffs submit that they have no any other further claim as against the defendants/respondents.

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b. That the respondents/defendants have agreed and undertake to pay sum of Rs 15,00,000/to the plaintiffs/appellants towards full and final settlement within three months from today i.e. on or before 27/04/2025, the respondents/defendants failing to deposit said amount within three months from today i.e. on or before 27/04/2025, the appellants/plaintiff are entitled for interest at 6% from the date of default.

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5. That the appellants/plaintiffs and respondents/defendants that they have entered into compromise voluntarily and out of their free will as per advice of the elders.

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6. That the appellants and respondents that the compromised is arrived without any force, coercion, misrepresentation and out free consent.

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Wherefore, for the above stated amongst other reasons that the judgment and decree dated 30/11/2017 in OS No 47/2013 Prl Senior Civil Judge and CJMBelagavi may kindly be modified în above terms, in the interest of justice and equity.

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2. The contents of the compromise petition were

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read over and explained to the parties in Hindi language

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known to them. They have admitted the contents of the compromise petition and prayed to accept the compromise petition.

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Learned counsel for the respondents submits that respondent No.2 is suffering from paralysis and hence, she is unable to attend the Court, and she has orally authorized respondents No.1, 3 and 4 to enter into a compromise on her behalf. Accordingly, they have entered into compromise on behalf of respondent No.2.

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