Smt Shobha v. Sri Venkatesh
Case brief
What is this about?
RFA No. 1701 of 2025, High Court of Karnataka at Bengaluru (Division Bench), decided 16.03.2026 (Anu Sivaraman J. and Tara Vitasta Ganju J.). Specific-performance decree dated 17.11.2023 in O.S.No.141/2017 (Prl. Senior Civil Judge & CJM, Ramanagara) against defendants Smt. Shobha and Sri H.C. Lingaraju at the instance of plaintiff Sri Venkatesh was settled by compromise during the appeal: appellants paid Rs.20,00,000/- (DD dated 21.01.2026, DD No.000080, per interim order dated 27.11.2025) as full and final settlement; agreement of sale dated 02.07.2016 cancelled; respondent gave up specific-performance claim; Rs.2,00,000/- deposited by respondent in Ex.No.48/2024 ordered refunded with interest; decree to be drawn in terms of compromise; court fee refundable; appeal disposed of in terms of compromise petition.
What did the court decide?
Appeal disposed of in terms of the compromise petition: (i) respondent permitted to withdraw the Rs.20,00,000/- deposited by the appellants (DD dated 21.01.2026, DD No.000080) without furnishing security as full and final settlement; (ii) upon receipt of that amount the Agreement of Sale dated 02.07.2016 (Doc.No.2796/2016-17) stands cancelled and terminated, the respondent gives up the claim for specific performance, and the suit schedule property remains with/restored to the appellants; (iii) original Gift Deed dated 17.01.2013 and Agreement of Sale dated 02.07.2016 to be released to the appellants; (iv) Trial Court office to refund Rs.2,00,000/- deposited by the respondent in Ex.No.48/2024 to the respondent with interest, if any earned; (v) Registry to draw up decree in terms of the compromise and refund eligible Court fee to the appellants; (vi) pending interlocutory applications disposed of.