Shankrappa S/O Srimantha Laddi Vs Mallappa S/O Bhimappa Laddi

THIS RFA IS FILED UNDER SECTION 96 OF CPC AGAINST THE JUDGMENT AND DECREE DATED 26.08.2019 PASSED IN O.S.NO.157/2017 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND JUDICIAL MAGISTRATE FIRST CLASS, MUDHOL, PARTLY DECREEING THE SUIT FILED FOR SPECIFIC PERFORMANCE OF CONTRACT.

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HC-KAR

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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 S.R. KRISHNA KUMAR AND THE HON'BLE MR. JUSTICE C.M. POONACHA

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ORAL JUDGMENT

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(PER: THE HON'BLE MR. JUSTICE C.M. POONACHA)

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The present appeal is filed by the defendant calling in question the judgment and decree dated 26.08.2019 passed in OS No.157/2017 by the Principal Senior Civil Judge and JMFC, Mudhol¹ , whereunder, the suit for specific performance filed by the respondent/plaintiff has been partly decreed and the Trial Court has directed the defendant to refund the earnest money of Rs.15,00,000/together with interest at 8% from the date of the agreement i.e., 29.10.2014 till its realization.

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Learned counsel for the parties have filed a memorandum of compromise petition under Order XXIII Rule 3 of the Code of Civil Procedure, 1908, placing on

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1 For short, ‘the Trial Court’

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HC-KAR

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record the settlement arrived at between the parties, which

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reads as under:

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“ MEMORANDUM OF COMPROMISE PETITION UNDER ORDER 23 RULE 3 OF CIVIL PROCEDURE CODE.

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The Appellant and Respondent jointly submit as follows:

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1. The Respondent herein-plaintiff had instituted suit for specific performance of sale in O.S No.157/2017on 11.12.2017, inter-alia, contending that appellant/defendant had entered into an agreement of sale on 29.10.2014(Ex.P3) to sell agricultural land bearing R.SNo.178 measuring 1 acre 28 guntas situated at Nagaral village, Mudhol taluk, Bagalkote Dist. by receiving earnest money of Rs. 15,00,000/- and total consideration that was agreed was Rs. 16,00,000/-.

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2. The trial court had decreed the suit in part and ordered for refund of earnest money of Rs. 15,00,000/- with interest @ of 18/- p.a from the date of agreement till realisation. This decree is called in question in the present appeal.

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3. It is submitted that, the present appeal is admitted this Hon'ble Court by order dated 10.02.2020 directed the appellant to deposit 50% of the amount due. Incompliance of the order a sum of Rs.5,00,000/- was deposited on 13.01.2021 and further sum of Rs.6,00,000/- was deposited on 05.03.2021. Thus, total amount of Rs. 11,00,000/-

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has been deposited before this Hon'ble Court. It is submitted that on 17.03.2021, this Hon'ble Court had permitted the respondent to withdraw 50% of the amount deposited. The respondent has already withdrawn the 50% of the amount so ordered.

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4. It is submitted that during the pendency of this appeal the parties have, at the intervention of elders and well-wishers of the family have entered into settlement and the terms of settlement are as follows:

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i. It is submitted that the respondent has agreed to receive additional amount of Rs,8,00,000/- in addition to Rs,11,00,000/- which is deposited by the appellant in full and final settlement of his claim. The appellant agrees to pay the aforesaid balance amount as below.

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ii. The appellant has agreed to pay Rs.8,00,000/to the respondent full and final settlement of his claim, out of the aforesaid Rs 8,00,000/- a sum of Rs. 5,94,600/- is paid by way of demand draft bearingno.003362dated 20.09.2025 drawn on Bank of India, Mudhol Branch in favour of Sri. Mallappa S/o Bhimappa Laddi, respondent/plaintiff, acknowledge receipt of demand draft for Rs.5,94,600/-. A copy of the Demand draft is enclosed herewith.

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iii. The appellant submit and agrees that the court fee paid by the appellant to tune of Rs. 1,13,809/- on the present appeal before this Hon'ble Court is to be paid to the respondent for which appellant as no objection this amount would be part of Rs.8,00,000/-.

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iv. The Respondent/ plaintiff had paid court fee of Rs. 91,650/-before the trial court which the respondent/ plaintiff would withdraw for which the appellant/defendant as no objection this amount would also be part of Rs.8,00,000/-.

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v. Thus, in all respondent /plaintiff could be receiving Rs. 8,00,000/-, in this manner.

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vi. The respondent would be at liberty to withdraw the balance 50% amount in deposit before this Hon'ble Court in compliance with interim order passed by this Hon'ble Court along with occurred interest for which the appellant has no objection.

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vii. It is submitted that there are no claims existing between the parties and all claims are settled by virtue of this Compromise.

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viii. The Charge created pursuant to the judgement and decree of the trial court is to lifted and the respondent, if need be, Co-operate and accord

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no-objection for the deletion entry in the record of right pertaining to the charge created.

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5. The parties have entered into compromise with free of mind without any coercion or compulsion and with anend into the litigation and through maintain harmony between the plaintiff and defendant as they are related. The compromise is lawful and is not opposed to public policy.

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Wherefore it is prayed that this Hon'ble court may be pleased to record compromise between the parties and disposedthe appeal in terms of compromise entered between the parties by modifying the decree passed in O.S No.157/2017 in the interest of justice and equity.

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Place: Dharwad Date: 22/09/2025

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Sd/- Sd/- Sri Shankar Shrimantha Laddi Sri Mallappa Kallappa Laddi Sd/- Sd/Advocate for appellant Advocate for respondent MRUTYUNJAY TATA BANGI SANGRAM KULKARNI”

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3. The appellant/defendant and respondent/plaintiff

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are present before the Court and have admitted to having amicably settled the matter in terms of the compromise petition filed by them. In terms of the compromise petition,

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the appellant/defendant has no objection for a sum of Rs.11,00,000/- which was deposited by him in the present appeal to be released in favour of the respondent/plaintiff. The respondent/plaintiff has agreed to receive a further sum of Rs.8,00,000/- in full and final settlement of his claim and accordingly, a Demand Draft bearing No.003362 dated 20.09.2025 for Rs.5,94,600/- has been paid this day by the appellant/defendant to the respondent/plaintiff, the receipt of which the respondent acknowledges. The appellant has no objection for the Court Fee of Rs.1,13,809/-, that has been paid in the above appeal to be released in favour of the respondent as well as the Trial Court to refund the Court Fee paid by the plaintiff in OS No.157/2017 to the respondent/plaintiff.

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It is forthcoming that the respondent/plaintiff has already withdrawn 50% of the amount deposited by the appellant in the present appeal. Hence, the balance 50% together with accrued interest is to be released in favour of the respondent.

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In view of the above, we pass the following:

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ORDER

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(i) The appeal is disposed of in terms of

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the compromise;

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(ii) The judgment and decree dated 26.08.2019 passed in OS No.157/2017 by the Principal Senior Civil Judge and JMFC, Mudhol, is modified in terms of the compromise;

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(iii) The Registry of this Court shall

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release the sum of Rs.5,50,000/- together with accrued interest deposited by the appellant in the above appeal to the respondent forthwith;

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(iv) The Registry of this Court shall pay

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the Court Fee deposited by the appellant in a sum of Rs.1,13,809/- to the respondent in the above appeal forthwith;

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(v) The Registry of the Trial Court shall pay the Court Fee deposited by the

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