Appeal against a trial court decree for specific performance of an agreement of sale dated 06.05.2015. Parties settled: appellants to pay Rs.82 lakhs total, respondents to execute cancellation deed and withdraw execution petition.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
NC: 2025:KHC:46428-DB R.F.A. No.2442/2024
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF NOVEMBER, 2025 PRESENT
THE HON'BLE MRS. JUSTICE ANU SIVARAMAN
AND
THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL REGULAR FIRST APPEAL NO.2442/2024 (MON)
BETWEEN:
Digitally signed by RUPA V Location: High Court Of Karnataka
BOTH ARE R/AT NO.551 (NEW NO.401, AKSHAYA PRIDE APARTMENT) KOTHANNUR DINNE, J.P.NAGAR 8TH STAGE, UTTARAHALLI HOBLI BENGALURU SOUTH TALUK BENGALURU - 560078.
…APPELLANTS
(BY SRI. BHADRINATH R, ADV.,)
AND:
BOTH RESIDING AT NO.657 3RD BLOCK, 5TH CROSS KORAMANGALA
HC-KAR
BENGALURU - 560034.
…RESPONDENTS
(BY SMT. SRUTI C. CHAGANTI, ADV., FOR R1 & R2)
THIS RFA IS FILED UNDER ORDER 41 RULE 1 R/W SEC.96 OF CPC., PRAYING TO CALL FOR THE RECORDS AND TO SET ASIDE THE IMPUGNED JUDGMENT AND DECREE DATED 21.01.2023 IN O.S.NO.1217/2018 PASSED BY THE XXXI ADDITIONAL CITY CIVIL AND SESSIONS JUDGE BENGALURU (CCH-14) AND TO ALLOW THE APPEAL WITH COSTS AND CONSEQUENTLY TO DISMISS THE SUIT FILED BY THE PLAINTIFFS/RESPONDENTS & ETC.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN and HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL
ORAL JUDGMENT
(PER: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL)
This appeal is filed challenging the judgment and decree dated 21.01.2023 in O.S.No.1217/2018 by the
XXXI Additional City Civil & Sessions Judge, Bengaluru (CCH-14). During the pendency of this appeal, the matter is settled between the parties and they have filed memorandum of compromise petition under Order XXIII Rule 3 r/w Section 151 of the Code of Civil Procedure, 1908 (for short 'the CPC').
HC-KAR
counsel for the respondents submit that the parties are present before the Court. They identified their respective parties and the parties state that on their own willing they have affixed their signature to the compromise petition. It is further submitted that the appellants have no objection to the Court fee being refunded to respondent No.1.
memorandum of compromise petition is as under:
" MEMORANDUM OF COMPROMISE PETITION UNDER ORDER XXIII RULE 3 READ WITH SECTION 151 OF THE CIVIL PROCEDURE CODE, THE APPELLANTS/DEFENDANTS AND PLAINTIFFS/RESPONDENTS ABOVE NAMED IN THE APPLICATION/APPEAL STATES AS FOLLOWS:
01. The respondents/plaintiffs have filed a suit against the appellants/defendants for the relief of specific performance based on the agreement of sale deed dated 06.05.2015.
02. The respondents/plaintiffs appellants/defendants states and the that the appellants/defendants are the absolute owners of the land bearing Sy.No.87/2 measuring 2 acres 10 guntas. The case of plaintiffs/respondents before the trial court alleging that they had entered into an
HC-KAR
Agreement of Sale dated 06.05.2015 with the defendants/appellants in respect of schedule site bearing No.1, measuring 1200 square feet formed in Survey No.87/2. The appellants/defendants have entered into a Joint Development Agreement (hereinafter referred to as JDA) in respect to property bearing Sy.No.87/2 measuring 2 acres 10 guntas with an intention of developing the same with M/s. Amalgamated Property Developers, represented by its Partner Sri. C. Venugopal Reddy, dated 31.01.2011 for the formation of 'Classic Orchards Extension Layout and further stating that it was represented by the appellants/defendants that under the Sharing Agreement dated 08.04.2014, the schedule property among other sites has fallen the share of appellant/defendant No.1, thereby acquiring absolute ownership of the site under the Agreement of Sale, a sum of Rs.50,00,000/- (Fifty lakhs only) was made as follows:
a. Rs.25,00,000/- (Rupees Twenty five Lakhs only) is paid through cheque bearing No.518600 dated 29.02.2015 is paid drawn on Axis Bank, Bangalore.
b. Rs.15,00,000/-(Rupees Fifteen lakhs only) way of cash on 06.05.2015.
c. Rs.5,00,000/- (Rupees five lakhs only) is paid by way of cash on 20.06.2015.
d. Rs.5,00,000/- (Rupees five lakhs only) is paid by way of cash on 17.10.2015.
03. As per terms and conditions of Sale Agreement deed dated 06.05.2015 entered between the parties in respect of the site bearing No.1, (Formed out of converted Sy.No.87/2 (Converted for residential use vide order dated 05.11.2005 bearing No.BDS:ALN:SR(S):135/2005-06 passed by the Deputy Commissioner, Bengaluru District, Bengaluru) in the layout know as Classic Orcahrds Annex,
NC: 2025:KHC:46428-DB R.F.A. No.2442/2024
HC-KAR
situated at Kothanur Village, Uttarahalli Hobli, Bengaluru South Taluk, Bengaluru presently comes within the jurisdiction of BBMP Limits measuring East to West 123.19 meters and North South 9.14 meters, totally measuring to an extent of 1200 square feet. Thereby, the onus of the agreement not materialising the sale deed entirely rests upon the appellants/defendants and in the meanwhile acquisition proceedings for implementing the MetroRail project connecting Nagawara-Gottigere came to be passed under the Preliminary Notification No.CI:108 SPQ 2015 dated 21/22.09.2015, the sale agreement came to be a standstill, even before the execution of the Sale deed. The respondents/plaintiffs have instituted civil suit in O.S.No.1217 of 2018 on the file of XXXI Additional City Civil & Sessions Judge Bengaluru (CCH-14) against the defendants/appellants. The appellants/defendants have placed ex-party before the trail court and the suit of the respondents/plaintiffs came to be decreed as per judgment and decree dated 21.01.2023 in O.S.No.1217 of 2018 passed by the XXXI Additional City Civil & Sessions Judge Bengaluru (CCH-14) for the relief of Specific Performance of contract and same came to be decreed as per Judgment & decree dated 21.01.2023 passed by the trail court.
04. The appellants/defendants being highly aggrieved by decree dated 21.01.2023 impugned Judgment in O.S.No. 1217 of 2018 passed by the XXXI Additional City Civil & Sessions Judge Bengaluru (CCH-14). The appellants/defendants have preferred the present appeal before this Hon'ble court in present appeal.
05. At the intervention of this Hon'ble Court, wellwishers, elders, relatives and friends of both parties have amicably arrived at a settlement, which is detailed below, the appellants/defendants and
HC-KAR
respondents/plaintiffs as present accordingly submitting this compromise petition requesting this Hon'ble Court to record the same application.
06. The appellants/defendants have agreed to pay full and final settlement to the respondents/plaintiffs based on the Sale agreement deed dated 06.05.2015 of Rs.82,00,000/-(Rupees Eighty two lakhs only) as full and final amount. The respondents/defendants under take to execute registered cancellation deed in favour of the appellants/defendants based on the agreement deed dated 06.05.2015 within one month from date of the present compromise. The respondents/plaintiffs have under taken to with draw the execution petition in Ex. Pet.No.1775 of 2024 before the trail court filed by the respondents/plaintiffs against the appellants/defendants within one month.
07. The appellants/defendants have no objection to transfer/order to refund of court fee of Rs.2,22,125/(Rupees two lakhs twenty two thousand only) to the plaintiffs/respondents as per order of this Hon'ble court in the present appeal as full and final settlement to the respondents/plaintiffs as follows:
i. The appellants/defendants have deposited the Rs.10,00,000/- as per order dated 13.11.2024 before this Hon'ble court in the present appeal and same have been withdrawn respondents/plaintiffs as per order dated 25.06.2025 passed by this Hon'ble court in the present appeal.
ii. The appellants/defendants are paying sum of Rs.45,00,000/- (Rupees forty five lakhs only) to the respondents/defendants in the name of the respondent No.2/plaintiff No.2/Dr.Chithra Ramu by the appellants by way of demand draft dated 05.11.2025 bearing No.061456, Axis Bank, J.P.Nagar Branch, Bengaluru (KT), based on the Sale agreement deed dated 06.05.2015 as per instruction
NC: 2025:KHC:46428-DB R.F.A. No.2442/2024
HC-KAR
of the respondent No.1 demand drafter obtained in the name of respondent No.2.
iii. The appellants/defendants have no objection to transfer/order to refund of court fee of Rs.2,22,125/(Rupees two lakhs twenty two thousand only) to the plaintiffs/respondents as per order of this Hon'ble court in the present appeal subject to full and final settlement to the respondents/plaintiffs as follows:
iv. The plaintiffs/respondents and appellants/defendants undertake that they shall not proceed or claim against each other in respect of the Sale agreement deed dated 06.05.2015. The respondents/plaintiffs under take to execute registered cancellation deed within one month date of the present compromise in favour of the appellants/defendants, based on the Sale agreement deed dated 06.05.2015.
v. The respondents/plaintiffs have received in all sum of total Rs. 57,22,125/- (Rupees fifty seven lakhs twenty two thousand one hundred and twenty five only) from the present the appellants/defendants under compromise petition and remaining balance amount of Rs.24,77,875/-(Rupees twenty four lakhs seventy seven thousand eight hundred and seventy five only) to be paid by the appellants/defendants respondents/plaintiffs within six months from date of present compromise petition. to the
vi. The respondents/plaintiffs have under taken to with draw the execution petition in Ex.Pet.No.1775 of 2024 before the trail respondents/plaintiffs court filed by the against the appellants/defendants within two weeks.
08. In view of the above said settlement the are appellants/defendants and respondents/plaintiffs withdrawing the allegations and counter allegations made against each other except what is stated in this compromise petition.
HC-KAR
09. The compromise is entered/signed by the appellants/defendants and the respondents/plaintiffs out of their own free will, volition and the same is without any fraud, threat, coercion or undue influence.
10. It is agreed between the parties that if the appellants/defendants do not make payment of the remaining sum of Rs.24,77,875/-(Rupees twenty four lakhs seventy seven thousand eight hundred and seventy five only) within the time period stipulated in Clause-07 of (v) above, the appellants/defendants shall be liable to pay interest @ 9% per annum for the period of delayed payment, and the respondents/plaintiffs shall be at liberty to have recourse to all remedies available to them at law in this regard including by seeking execution of the present compromise decree.
Wherefore, the and the plaintiffs/respondents appellants/defendants pray that this Hon'ble Court be on pleased to pass the decree in terms of the compromise petition, based the Sale agreement deed dated 06.05.2015 in the interest of justice and equity."
Court, acknowledge the receipt of the demand draft for a sum of Rs.45,00,000/- (Rupees Forty Five Lakhs only).
compromise petition.
NC: 2025:KHC:46428-DB R.F.A. No.2442/2024
HC-KAR
Registry shall refund the eligible Court fee in favour
of respondent No.1 on proper identification.
Sd/(ANU SIVARAMAN) JUDGE
Sd/(VIJAYKUMAR A. PATIL) JUDGE
ABK
List No.: 1 Sl No.: 17
1 issue framed by the court
Should the appeal over a specific performance decree be disposed of per the parties' compromise petition under Order XXIII Rule 3 r/w Section 151 CPC?
2 provisions across 1 enactments
SMT. N. REVATHI W/O M.V. RAMASWAMY RAJU
SRI. M.V. RAMASWAMY RAJU S/O LATE VENKATARAMA RAJU
DR. SATHISH GOVINDAIAH S/O G. GOVONDAIAH
DR. CHITHRA RAMU W/O DR. SATISH GOVINDAIAH
ANU SIVARAMAN
VIJAYKUMAR A. PATIL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
