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A Papanna v. D M Patel

Karnataka HC6 Feb 2025RFA/616/2011

Case brief

AI extract

What is this about?

Withdrawal of Regular First Appeal (Section 96 CPC) against decree for specific performance in O.S.1025/2007; disposed of as withdrawn on appellant's memo dated 06.02.2025 pursuant to out-of-court settlement recorded in SLP (C) 13921/2023 (arising from RSA No.714/2017); appellant paid Rs.60.00 Lakhs by three demand drafts; respondent executed registered Deed of Cancellation dated 30.12.2024 cancelling sale agreements dated 28.07.2004 (unregistered) and 16.08.2004 (registered); refund of court fee directed. Coram: Anu Sivaraman and Vijaykumar A. Patil JJ.; oral judgment per Vijaykumar A. Patil J.; decided 06.02.2025; keywords: compromise, settlement, deed of cancellation, court fee refund, Mysuru.

What did the court decide?

Leave to withdraw the appeal granted; appeal disposed of as withdrawn; Registry to refund the Court fee as per law, on proper identification.

A Papanna Vs D M Patel — Karnataka HC (2025) — LawSathi Research

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NC: 2025:KHC:5473-DB R.F.A. No.616/2011

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6^TH DAY OF FEBRUARY, 2025 PRESENT

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THE HON'BLE MRS. JUSTICE ANU SIVARAMAN

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AND

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THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL REGULAR FIRST APPEAL NO.616/2011 (SP)

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BETWEEN:

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Digitally signed by ARSHIFA BAHAR KHANAM Location: HIGH COURT OF KARNATAKA

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A. PAPANNA AGED 65 YEARS S/O LATE ANNAIAH R/AT NO.46, HUNDIBEEDI HINKAL VILLAGE, KASABA HOBLI MYSORE TALUK & DISTRICT.

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(BY SRI. K. ANANDA, ADV.,)

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…APPELLANT

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AND:

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D.M. PATEL M.M. PATEL AGED 65 YEARS R/AT NO.10, INDUSTRIAL SUBURB SOUTH, MYSORE-570008.

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…RESPONDENT

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(BY SRI. B. CHETHAN, ADV.,)

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THIS RFA IS FILED U/SEC.96 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED:01.02.2011 PASSED IN O.S.1025/2007 ON THE FILE OF THE I-ADDL. SENIOR CIVIL JUDGE AND CJM, MYSORE, DECREEING THE SUIT FOR THE SPECIFIC PERFORMANCE OF CONTRACT.

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2 - NC: 2025:KHC:5473-DB R.F.A. No.616/2011

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

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CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN and

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HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL

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ORAL JUDGMENT

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( PER: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL )

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Learned counsel for the appellant has filed a memo dated 06.02.2025 seeking leave of the Court to withdraw the appeal on the ground that the matter is settled out of the Court.

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The memo reads as under:

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"1. It is submitted that, the Appellant had filed the above appeal challenging the Judgment and Decree dated 01.02.2011 passed in O.S.No.1025/2007 by the learned I Additional Senior Civil Judge & CJM, Mysuru. During the pendency of the above Appeal, in respect of the another Agreement to Sell dated 16.08.2004 executed in respect of the same property in question, the Respondent herein had filed SLP(C) 13921/2023 challenging the Judgment dated 21.02.2023 passed in RSA No.714/2017 of this Hon'ble Court.

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2. It is submitted that, as per the advice of the Hon'ble Supreme Court, the

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3 - NC: 2025:KHC:5473-DB R.F.A. No.616/2011

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Appellant and the Respondent herein have settled the disputes between them amicably and the Respondent has agreed to withdraw the above SLP (C) 13921/2023 subject to payment of R.60.00 Lakhs by the Appellant and also agreed to execute the Deed of Cancellation of Sale Agreement by cancelling both Registered Sale Agreement dated 16.08.2004 and un-registered Sale Agreement dated 28.07.2004. Further, the Appellant also agreed to withdraw this Appeal. Accordingly, both the Appellant and the Respondent filed a Joint Memo in the said SLP (C) 13921/2023 on 29.07.2024.

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3. Thereafter, as per the said compromise, the Appellant had paid a sum of Rs.60.00 Lakhs to the Respondent by way of Three Demand Drafts and the Respondent executed the Deed of Cancellation of Sale Agreement dated 30.12.2024 vide a Registered Document bearing No.MYN-1-08848/2024-25-Book-I dated 08.01.2025 in the office of the SubRegistrar, Mysuru North. In the said Deed, the Respondent has cancelled the unregistered Agreement of Sale dated 28.07.2004 and Registered Agreement of Sale dated 16.08.2004. The copy of the said Deed is herewith produced for the kind perusal of this Hon'ble Court.

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Wherefore, the Appellant most humbly prays that, this Hon'ble Court be pleased to permit the Appellant to withdraw the above Appeal in view of the above said compromise entered between the Appellant and Respondent in SLP (C) 13921/2023, in the interest of justice and equity."

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