Sri Venkataswamy v Vs Sri Gangaramappa

THIS RFA IS FILED UNDER SECTION 96 OF CPC AGAINST THE JUDGMENT AND DECREE DATED 27.07.2022 PASSED IN O.S.NO.140/2016 ON THE FILE OF THE I ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, CHICKBALLAPUR, DISMISSING THE SUIT FOR SPECIFIC PERFORMANCE OF AGREEMENT.

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

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CORAM: HON'BLE MRS. JUSTICE K.S. HEMALEKHA

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ORAL JUDGMENT

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A memorandum of settlement under Section 89 of CPC read with Rules 24 and 25 of the Karnataka Civil Procedure (Mediation) Rules, 2005 has been filed by both parties before this Court. The terms of the settlement is enumerated as under:

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“The present application/appeal is arising out of O.S.No.140/2016 filed by the plaintiff/appellant herein against the defendants/respondents herein for reliefs under specific performance of contract i.e., agreement of sale dated 14.06.2012 in respect of land bearing Sy.No.162/2 admeasuring 30 gunta

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NC: 2025:KHC:32420 RFA No. 1882 of 2022

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HC-KAR

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situated at Dinnehosahalli Village, Kasaba Hobli, Chikkaballapur Taluk.

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I. The plaintiff/appellant has filed the above RFA against the judgment and decree dated 27.07.2022 passed by I Addl. Senior Civil Judge & JMFC, Chikkaballapur kkaballapur in O.S.No.140/2016 dismissing the suit on merit of this plaintiff/appellant. The same he challenged before this Hon'ble Court on various grounds.

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II. The aforesaid appeal was referred to mediation for resolving the dispute between the parties. During the course of mediation, the plaintiff/appellant and the

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defendants/respondent No.1 to 5 along with their respective advocates were present to dissolve their disputes and they have agreed and arrived the following terms and conditions

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1. The respondents/original defendants No.1 to 5 jointly severely have agreed to pay a sum of Rs.9,00,000/- (Rupees Nine Lakhs Only) to the appellant / original plaintiff as full and final settlement in four installments by way of online third party transfer/NEFT/RTGS/demand draft/Cash/UPI in view of this settlement agreement the below on following dates and the

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NC: 2025:KHC:32420 RFA No. 1882 of 2022

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HC-KAR

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appellant/original plaintiff is at liberty to take appropriate steps as per the law of land if the respondents/original defendants fail to pay the amount as agreed below:

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a) A sum of Rs.50,000/- (Rupees Fifty Thousand Only) is paid on 13.08.2025 through UPI and appellant/original plaintiff acknowledges the receipt of the said amount.

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b) A sum of Rs.2,50,000/- (Rupees Two Lakhs Fifty Thousand Only) on 24.09.2025

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c) A sum of Rs.3,00,000/- (Rupees Three Lakhs Only) on 24.10.2025.

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d) A sum of Rs.3,00,000/- (Rupees Three Lakhs Only) on 26.11.2025.

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The respondent/original defendants indemnified that they shall honored the aforesaid admitted commitment on the given date.

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2. It is further agreed between the parties in default of any one or more of the aforesaid payment/s by the respondents/original defendants, the appellant/original plaintiff is

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NC: 2025:KHC:32420 RFA No. 1882 of 2022

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HC-KAR

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at liberty to execute this settlement agreement before the appropriate Court and can take appropriate action against respondents/original defendants.

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3. The respondents/original defendants are also aware of their executable commitment under the law of land and also understand the consequences if payment/s is not honored and therefore they indemnify the appellant/plaintiff that they shall jointly and severely responsible for honoring these instruments.”

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The appellant and respondents are present before the Court, duly identified by their respective counsel. They have signed the settlement before the Mediator. On query to both the parties, they state the settlement has been entered into voluntarily without any coercion or undue influence.

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The memorandum of settlement is taken on

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record. The terms of the settlement form part and parcel of this order.

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6 - NC: 2025:KHC:32420 RFA No. 1882 of 2022

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HC-KAR

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In terms of the settlement, the regular first appeal stands disposed of . Decree to be drawn accordingly.

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Since the matter has been settled between the

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parties, under Section 89 CPC, the appellant is entitled to refund of the Court fee paid on the memorandum of appeal. Registry is directed to refund the same to the appellant in accordance with law.

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Sd/-

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_____________________ JUSTICE K.S. HEMALEKHA

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MBM

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List No.: 1 Sl No.: 43

Sri Venkataswamy v. Vs Sri Gangaramappa

Case brief

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Sri Venkataswamy v. Vs Sri Gangaramappa

Case brief

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