Karnataka High Court
K.Gangamma W/O. K.M.Mallappa vs B.Keshava Reddy S/O. Hanumanthappa on 23 November, 2023
Author: H.P.Sandesh
Bench: H.P.Sandesh
-1-
NC: 2023:KHC-D:13659-DB
RFA No. 100542 of 2019
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 23RD DAY OF NOVEMBER, 2023
PRESENT
THE HON'BLE MR JUSTICE H.P.SANDESH
AND
THE HON'BLE MR JUSTICE RAMACHANDRA D. HUDDAR
REGULAR FIRST APPEAL NO. 100542 OF 2019 (SP)
BETWEEN:
K. GANGAMMA W/O. K.M.MALLAPPA
AGED : 62 YEARS,
OCC: AGRICULTURIST AND
HOUSEWIFE, R/O: THERU BIDI,
KURUGODU POST,
BALLARI TALUK AND DISTRICT-583116.
...APPELLANT
(BY SRI. GODE NAGARAJ, ADVOCATE)
AND:
1. B. KESHAVA REDDY
S/O. HANUMANTHAPPA,
AGED: 64 YEARS.
2. SMT. ANANTHAMMA
Digitally signed
W/O. KESHAVA REDDY,
by K M
SOMASHEKAR
Location: HIGH
AGE: 62 YEARS.
COURT OF
KM KARNATAKA
SOMASHEKAR DHARWAD
BENCH
Date:
2023.11.25
11:51:18
3. B. HEMANTHA RAJA
+0530
S/O. B.KESHAVA REDDY,
AGE: 42 YEARS.
4. B. SATISH KUMAR
S/O. B.KESHAVA REDDY,
AGE: 38 YEARS.
RESPONDENTS NO.1 TO 4 ARE
AGRICULTURISTS AND
RESIDENTS OF YERRANGLI ROAD,
BADANAHATTI VILLAGE,
BALLARI TALUK AND DISTRICT-583118.
-2-
NC: 2023:KHC-D:13659-DB
RFA No. 100542 of 2019
5. KAKARLA LAXMINARAYANA
S/O. KAKARLA PULLAYYA,
R/O. RAMACHANDRAPURAM VILLAGE,
PATTIKONDA MANDALAM,
ADHONI TALUK, KARNOOL DISTRICT,
ANDHRAPRADESH STATE.
...RESPONDENTS
(BY SRI.H.R.DESHPANDE, ADV. FOR R1 TO R4;
SERVICE OF NOTICE TO R5 IS HELD SUFFICIENT)
THIS RFA IS FILED UNDER ORDER 41 RULE 1 READ WITH SEC.
96 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED
30.08.2019 PASSED IN O.S.NO.234/2017 ON THE FILE OF THE I
ADDITIONAL SENIOR CIVIL JUDGE, BALLARI, DISMISSING THE SUIT
FILED FOR SPECIFIC PERFORMANCE OF CONTRACT.
THIS RFA, COMING ON FOR ORDERS, THIS DAY,
H.P. SANDESH, J., DELIVERED THE FOLLOWING:
JUDGMENT
Both parties and their respective counsels are present before the Court and they filed a compromise petition under Order XXIII Rule 3 of Code of Civil Procedure.
2. In terms of the compromise, the respondents have agreed to pay a sum of Rs.10,00,000/- (Rupees Ten Lakhs only) towards repayment of amount paid towards -3- NC: 2023:KHC-D:13659-DB RFA No. 100542 of 2019 the earnest amount under the agreement of sale deed dated 21.11.2014 in respect of subject matter of the land.
3. The appellant has no claim in respect of the above said land and is not having claim against the respondents. The amount is also paid by way of demand drafts amounting to Rs.5,00,000/- each and the said amount is also towards full and final settlement.
4. The demand drafts are acknowledged by the appellant.
5. The parties understood the terms of the compromise. In view of the compromise entered into between the parties, the compromise petition is accepted. The appeal stands disposed of in terms of the compromise petition.
6. Registry is directed to get the signatures of the parties and their respective counsels, who identify the appellant and respondents.
-4-
NC: 2023:KHC-D:13659-DB RFA No. 100542 of 2019
7. In view of the compromise entered into between the parties, registry is directed to refund the court fee in accordance with law.
8. Registry to draw decree in terms of the compromise petition.
Sd/-
JUDGE Sd/-
JUDGE SH List No.: 1 Sl No.: 3