Sri.T.M.Kotraiah S/O T.M. Shivamurtaiah Vs Sri.K. Venkatesh S/O K. Marisiddappa

SRI. T.M.KOTRAIAH S/O. T.M.SHIVAMURTAIAH, AGE: 53 YEARS, OCC: SECRETARY, R/O: H.NO.222/A, SHIVALINGA NILAYA, WARD NO.18, 2^ND MAIN ROAD, PARVATHINAGAR, BALLARI.

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…APPELLANT

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(BY SRI. SRINAND A.PACHHAPURE, SMT. PALLAVI S.PACHHAPURE AND SRI. RAJENDRA R.PATIL, ADVOCATES)

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Digitally signed by MOHANKUMAR B SHELAR Location: HIGH COURT OF KARNATKA DHARWAD BENCH Date: 2025.07.26 11:08:36 +0530

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AND:

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SRI. K.VENKATESH S/O. K.MARISIDDAPPA SINCE DECEASED BY HIS LR’s.,

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1(A). SMT. K.INDRAVATI W/O. K.VENKATESH, AGE: 57 YEARS, OCC: HOUSEHOLD WORK, R/O. H.NO.12, 2^ND STAGE, WARD NO.16, BEHIND RAGHAVENDRA TALKIES, AGADI MAREPPA COMPOUND,

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2 - NC: 2025:KHC-D:9217-DB RFA No. 100182 of 2020

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HC-KAR

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BALLARI-580001.

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1(B). SRI. K.V.SAI AKHIL S/O. K.VENKATESH, AGE: 24 YEARS, OCC: STUDENT, R/O. H.NO.12, 2^ND STAGE, WARD NO.16, BEHIND RAGHAVENDRA TALKIES, AGADI MAREPPA COMPOUND, BALLARI-580001.

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1(C). KUMARI. K.SHRAVANI S/O. K.VENKATESH, AGE: 21 YEARS, OCC: STUDENT, R/O. H.NO.12, 2^ND STAGE, WARD NO.16, BEHIND RAGHAVENDRA TALKIES, AGADI MAREPPA COMPOUND, BALLARI-580001.

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…RESPONDENTS

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(BY SRI. PRAKASH R.BADIGER, ADVOCATE)

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THIS RFA IS FILED UNDER SECTION 96 OF CPC AGAINST THE JUDGMENT AND DECREE DATED 21.12.2019 PASSED IN O.S.NO.94/2016 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND CHIEF JUDICIAL MAGISTRATE BALLARI, DECREEING 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 R.NATARAJ AND THE HON'BLE MR. JUSTICE RAJESH RAI K

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NC: 2025:KHC-D:9217-DB RFA No. 100182 of 2020

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HC-KAR

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ORAL JUDGMENT

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(PER: THE HON'BLE MR. JUSTICE R.NATARAJ)

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The defendant in O.S.No.94/2016 on the file of the

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Principal Senior Civil Judge & CJM., Ballari (for short, ‘trial Court’) has filed this appeal challenging the judgment and decree dated 21.12.2019 by which, the trial Court decreed the suit for specific performance.

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When this appeal is listed for final hearing, the parties have filed a compromise petition under Order XXIII Rule 3 of Code of Civil Procedure, 1908 containing the terms of the settlement and the relevant portion of the same reads as follows:

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“4. The terms of the compromise are as under:

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a). The L.R's of the original plaintiff/respondents herein have agreed to receive Rs.13,50,000/(Thirteen Lakhs Fifty Thousand Only) towards refund of earnest money as full and final settlement and they have further agreed to give up their claim w.r.t. the suit schedule property,

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b) The appellant will pay a demand draft for Rs. 13,50,000/-(Thirteen Lakh Fifteen Thousand Only) to the respondents on or before 10/10/2025. In default to pay the said amount within the time stipulated, the respondents are entitled to recover the said amount in accordance with law.

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NC: 2025:KHC-D:9217-DB RFA No. 100182 of 2020

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HC-KAR

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c) In view of settlement between the parties, the respondents have no objection to allow the above appeal by setting aside the impugned judgment and decree dated 21/12/2019 passed by the Court of Prl. Senior Civil Judge & C.J.M., Ballari.

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d) The present compromise shall come into effect after handing over of demand draft of Rs. 13,50,000/- as per clause b) and the same shall come into effect on 10/10/2025.

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5. The appellant and respondents state that the terms of the above compromise are legal and there is no undue influence or coercion by any of them and said terms are agreed with free will and consent.

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6. The terms of the compromise petition have been read over to the parties and parties have understood the terms of the compromise and have signed the compromise after understanding the same.

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Wherefore, it is respectfully prayed that this Hon'ble Court may be pleased to dispose of the above appeal in terms of compromise petition by setting aside the impugned judgment and decree dated dated 21/12/2019 passed by the Court of Prl. Senior Civil Judge & C.J.M., Ballari, in the interest of justice and equity.”

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The plaintiff has expired and his wife

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Smt.K.Indravati-respondent No.1A is present in the Court. The respondent No.1B is a resident of United States of

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America and he has authorized respondent No.1A to consent to this compromise. The respondent No.1C has given a Power of Attorney to the respondent No.1A

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HC-KAR

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authorizing her to accept the terms of the compromise. As per the terms of this compromise, the plaintiff has agreed to receive a sum of Rs.13,50,000/- (Rupees Thirteen Lakh Fifty Thousand only) and the defendant-appellant has agreed to pay the same by a demand draft by or before 10.10.2025.

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The defendant and respondent No.1A-the legal representative of the deceased plaintiff are present and they accept the terms of the compromise. They also accept that they have signed the compromise petition. In token of acceptance of the terms of the compromise, the parties have affixed their signatures on the order sheet of this Court

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Since the compromise entered between the parties is just and proper and is not prohibited under any law, the same is accepted. The suit filed by the plaintiff in O.S.No.94/2016 on the file of the Principal Senior Civil

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