Karnataka High Court
Munivenkatappa vs K R Vasudev Gupta on 8 December, 2021
Bench: B.Veerappa, K S Hemalekha
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 8TH DAY OF DECEMBER, 2021
PRESENT
THE HON'BLE MR. JUSTICE B. VEERAPPA
AND
THE HON'BLE Mrs. JUSTICE K.S. HEMALEKHA
REGULAR FIRST APPEAL No.1015/2016 (SP)
BETWEEN:
1. MUNIVENKATAPPA,
S/O LATE VENKATARAYAPPA
AGED ABOUT 63 YEARS
2. MUNIRAJA
S/O MUNIVENKATAPPA
AGED ABOUT 38 YEARS
3. GOWRAMMA
W/O MUNIRAJA,
AGED ABOUT 38 YEARS
4. MANJUNATHA
S/O MUNIVENKATAPPA
AGED ABOUT 30 YEARS
5. RATHNAMMA
D/O MUNIVENKATAPPA
AGED ABOUT 31 YEARS
2
6. BEERESHA
S/O MUNIVENKATAPPA
AGED ABOUT 29 YEARS
7. CHIKKANNA
S/O LATE VENKATARAYAPPA
AGED ABOUT 61 YEARS
8. NARAYANAMMA
W/O CHIKKANNA
AGED ABOUT 51 YEARS
9. MUNIKRISHNAPPA
S/O CHIKKANNA
AGED ABOUT 30 YEARS
10 . MALA
D/O MUNIKRISHNAPPA
AGED ABOUT 25 YEARS
11 . MANJULA DEVI
D/O CHIKKANNA
AGED ABOUT 28 YEARS
12 . SANTHOSH KUMAR
S/O CHIKKANNA
AGED ABOUT 24 YEARS
13 . NAGARAJA @ NAGARAJAPPA
S/O LATE VENKATARAYAPPA
AGED ABOUT 58 YEARS
14 . PARVATHAMMA
W/O NAGARAJAPPA
AGED ABOUT 48 YEARS
15 . MANJUNATHA
S/O NAGARAJA @ NAGARAJAPPA
AGED ABOUT 28 YEARS
3
16 . SOUMYA
D/O NAGARAJA @ NAGARAJAPPA
AGED ABOUT 25 YEARS
17 . ANIL KUMAR
S/O NAGARAJA
AGED ABOUT 22 YEARS
18 . NARAYANAMMA
D/O LATE VENKATARAYAPPA
AGED ABOUT 55 YEARS
19 . LAKSHMAMMA
D/O LATE VENKATARAYAPPA
AGED ABOUT 52 YEARS
20 . GOWRAMMA
D/O LATE VENKATARAYAPPA
AGED ABOUT 50 YEARS
21 . MOTAMMA @ RATHNAMMA
D/O LATE VENKATARAYAPPA
AGED ABOUT 50 YEARS
ALL RESIDING AT GANGAPURA VILLAGE,
NANDAGUDI HOBLI,
HOSKOTE TALUK,
BANGALORE RURAL DISTRICT-562114.
...APPELLANTS
(BY SRI NARAYAN S., ADVOCATE FOR
SRI R. B. SADASIVAPPA ADVOCATE)
AND:
K. R. VASUDEV GUPTA,
S/O LATE RAMAIAH SHETTY,
AGED ABOUT 65 YEARS,
4
RESIDING AT # 168/B,
GROUND FLOOR,
6TH CROSS, 1ST N BLOCK
RAJAJINAGAR,
BANGALORE-560010
...RESPONDENT
(BY SRI T. R. RAJAGOPAL, ADVOCATE FOR
SRI B.R. VISWANATH, ADVOCATE)
*****
THIS REGULAR FIRST APPEAL IS FILED UNDER SECTION 96
OF CPC., PRAYING TO SET ASIDE THE JUDGMENT AND DECREE
DATED 21.03.2016 PASSED IN OS NO.195/2013 ON THE FILE OF
THE C/c III ADDITIONAL SENIOR CIVIL JUDGE, KOLAR, DECREEING
THE SUIT FOR SPECIFIC PERFORMANCE.
THIS REGULAR FIRST APPEAL COMING ON FOR ORDERS THIS
DAY, B.VEERAPPA J., DELIVERED THE FOLLOWING:
JUDGMENT
This is defendants' Regular First Appeal against the Judgment
& Decree dated 21.3.2016 made in O.S. No.195/2013 on the file of
the III Additional Senior Civil Judge, Kolar, decreeing the suit of the
respondent/plaintiff for specific performance of contract in respect
of the suit schedule property.
2. Learned counsel for the appellants has filed compromise
petition under Order 23 Rule 3 r/w Section 151 of the Code of Civil
Procedure, wherein it is stated that the parties have amicably
settled the matter and sought to dispose off the appeal in terms of
the compromise petition. The compromise petition is duly signed
on each and every page by Accused No.2 on his behalf as well as on
behalf of Accused Nos.1 and 3 to 21 as their Special Power of
Attorney holder. The respondent - Mr. K.R. Vasudev Gupta has
also signed the compromise petition on each and every page.
Learned counsel for the appellants submits that he has identified
Accused No.2, who is the Special power of Attorney holder of
appellant Nos.1 and 3 to 21 by virtue of the special power of
attorney dated 23.8.2021, which is produced along with I.A.
No.2/2021 filed before this Court. Learned counsel for the parties
have also signed the compromise petition and duly identified their
respective parties.
3. The terms of the compromise petition are as under:
(i) The Respondent has no objections to allow the
appeal and set aside the judgment and decree
dated 21/03/2016, passed by the Hon'ble III
Additional Senior Civil Judge, at Kolar in
O.S.195/2013.
(ii) The Appellants have no objection for the
Respondent to withdraw the amount of
Rs. 55,00,000/- (Rupees fifty five lakhs only)
deposited before the Hon'ble III Additional
Senior Civil Judge, At Kolar in O.S.195/2013.
(iii) The Respondent undertakes not to claim any
relief or benefit under the Judgment and
decree dated 21/03/2016, passed by the
Hon'ble III Additional Senior Civil Judge, At
Kolar in O.S.195/2013.
(iv) The Respondent undertakes that he has no
right or interest in respect of the suit schedule
"A" and "B property.
(v) In view of the settlement arrived between the
Appellant and the Respondent, the court fee
paid on the appeal be kindly refunded in favour
of the Appellants and the court fee refund to
be issued in favour of Appellant No.2 Sri.
Muniraja S/o Munivenkatappa on behalf of all
the Appellants and Appellants No.1 and
Appellant No. 3 to 21 have no objections to the
same. The Respondent has no objections for
the refund of the court fee paid on the above
appeal in favour of Appellants.
(vi) In view of the settlement, the parties have
agreed to bear their own cost except for the
appellant seeking for refund of the court fee.
(vii) That the above compromise has been arrived
at between the parties without any fraud,
pressure or coercion from any quarter and the
same is made out of their own and out of free
will and consent.
4. Appellant No.2 - Muniraja, who is also 'special power of
attorney holder of Appellant Nos.1 and 3 to 21' as well as
respondent - K.R. Vasudev Gupta, are present before the Court and
they are duly identified by their respective counsel. When this
Court posed a query to the parties, they submit that they have
arrived at compromise without any pressure or coercion from any
quarters and the same is arrived at out of their free will and
consent. The said submission is placed on record.
5. In view of the above, the present Regular Appeal is
disposed off, in terms of the compromise petition as under:
ORDER
i) The impugned judgment & decree passed by the
Family court is hereby set aside.
ii) The respondent is permitted to withdraw a sum of
Rs.55,00,000/- (Rupees fifty-five lakhs only)
deposited before the III Additional Senior Civil
Judge, Kolar in O.S. No.195/2013.
iii) The appellants are entitled for refund of Court fee
as contemplated under the provisions of Court Fees
and Suits Valuation Act. The Court fee shall be
refunded to Appellant No.2 - Sri Muniraja, who is
special power of attorney of Appellant Nos.1 and 3
to 21.
iv) Since the matter is disposed off, all pending I.As.
do not survive for consideration.
v) Office is hereby directed to draw the decree
accordingly. The compromise petition shall be
made part and parcel of the decree.
Sd/-
JUDGE
Sd/-
JUDGE
Gss*
