Ashpakahamad S/O. Abdulsab Mulla v. Smt Famida W/O. Usmanali
Contract – Specific performance
Case brief
What is this about?
Keywords: specific performance; earnest money refund; joint memo; out-of-court settlement; disposal of appeal in terms of joint memo; modification of trial Court decree; refund of court fee on memorandum of appeal and plaint; Section 96 CPC; O.S.No.21/2018 Senior Civil Judge and JMFC Byadagi; RFA No. 100463 of 2024 (SP-); High Court of Karnataka, Dharwad; Rs.4,00,000/- with 12% interest from 12.02.2018; appellant Ashpakahamad Mulla v. Famida, Irshadahamad and Shakeerali Rattihalli; no precedent cited.
What did the court decide?
Appeal disposed in terms of the joint memo recording amicable settlement; impugned judgment and decree dated 14.08.2024 modified accordingly; entire amount deposited by the respondent-defendant before the trial Court to be disbursed to the appellant-plaintiff; court fee paid on the memorandum of appeal and on the plaint to be refunded to the appellant.