Rajaksab S/O Navabsab Jalageri vs Madarsa S/O Ummarsa Managuli
2021 Latest Caselaw 6444 Kant

                         1

HIGH COURT LEGAL SERVICES COMMITTEE, KALABURAGI

              BEFORE THE LOK-ADALAT

          IN THE HIGH COURT OF KARNATAKA

                KALABURAGI BENCH


     DATED THIS THE 18TH DAY OF DECEMBER 2021

               CONCILIATORS PRESENT

       THE HON'BLE MR. JUSTICE M.G.S. KAMAL

                       AND

        SHRI. SUDHEER KULKARNI, MEMBER

               R.F.A.No.200087/2021

              Lok Adalat No.1077/2021

BETWEEN


RAJAKSAB S/O NAVABSAB JALAGERI
AGE: 61 YEARS OCC: AGRICULTURE
R/O: AFZALPUR TAKKE,
TQ: & DIST: VIJAYAPURA-586 101.

                                        ... APPELLANT

(BY SRI. NARENDRA REDDY, ADVOCATE)


AND:
                             2

01.     MADARSA S/O UMMARSA MANAGULI
        AGE: 57 YEARS OCC: AGRICULTURE
        R/O: NH.13 ROAD, OPP: HAMAL COLONY
        VIJAYAPURA-586 101.


                                         ... RESPONDENT

(BY SRI. VIKRAM VIJAYAKUMAR, ADVOCATE)

THIS REGULAR FIRST APPEAL IS FILED UNDER

ORDER XLI RULE 1 READ WITH SECTION 96 OF THE CODE

OF CIVIL PROCEDURE PRAYING TO ALLOW THE REGULAR

FIRST APPEAL AND CALL FOR THE RECORDS IN

O.S.NO.142/2018 ON THE FILE OF THE III ADDITIONAL

SENIOR CIVIL JUDGE AND JMFC, VIJAYAPURA AND SEDT-

ASIDE THE JUDGMENT AND DECREE DATED 04.11.2020

AND DECREE THE SUIT OF THE APPELLANT.

THIS APPEAL COMING ON FOR CONCILIATION

BEFORE LOK ADALAT, THIS DAY, THE FOLLOWING ORDER

IS PASSED:

The learned counsel for the appellant and respondent

are present.

02. The parties duly identified their counsel Sri.

Narendra Reddy and Sri. Vikram Vijayakumar, learned

counsels.

03. The parties have understood the terms of the

compromise and have affixed the signatures accordingly.

We have satisfied that the parties have read and

understood the terms of the compromise, the same is

placed on record.

04. The appeal in RFA.200087/2021 is disposed off

in terms of compromise as under:

"That it is the case of the plaintiff that the defendant is the owner of suit land bearing Sy.No.1036/1 measuring 04 acres 31 guntas situated at Mahalbagayat Vijayapur. During the year 2010, the defendant had brought the suit property for sale to meet out his legal necessity.

The plaintiff offered to purchase the same for consideration of Rs.14.00 lakhs and defendant had agreed to sell the suit land in favour of

plaintiff. On 19/03/2020 the defendant has executed notorized agreement of sale by receiving earnest money of Rs.4,75,000/- in the presence of witnesses and also agreed to execute the absolute sale deed by receiving balance consideration amount of Rs.9,25,000/- as per their own convenience and defendant is postponing the same with one or the other pretext, as such the plaintiff/appellant had filed the suit for specific performance of contract in OS.No.142/2018 on the file of III Additional Senior Civil Judge at Kalaburagi and the defendant though appeared had not filed written statement. The court below was pleased to decree the suit of the plaintiff/appellant in part and ordered to refund the earnest money with 6% interest from the date of execution of agreement of sale as per Ex.P1 till its realization vide order dated 04/11/2020.

2. That the appellant being aggrieved by the judgment and decree dated 04/11/2020 in OS.No.142/2018 passed by the learned III Additional Senior Civil Judge Vijayapura is before this Court as against the dismissal of the suit in part.

3. That due to intervention of respectable persons, the parties have arrived for compromise on the following terms and conditions.

a) It's agreed and settled between the parties that the defendant/respondent in pursuance of the notarized agreement of sale dated 19/03/2020 is ready to execute the register sale deed in respect of land bearing Sy.No.1036/1 measuring 04 acres 31 guntas situated at Mahalbagayat Vijayapur in favour of plaintiff/appellant by receiving the balance consideration amount of Rs.9,25,000/- at the time of execution of registered sale deed.

b) It's agreed and settled between the parties that the defendant/respondent will execute the register sale deed in respect of land bearing Sy.No.1036/1 measuring 04 acres 31 guntas situated at Mahalbagayat Vijayaur in favour of plaintiff/appellant by receiving the balance consideration amount of Rs.9,25,000/- within 15 days from the date of receipt of the compromise decree.

4. That the said compromise between the parties is with free will, without coercion or undue influence, in order to have cordial relationship between the parties to the suit".

05. Draw decree in terms of the compromise.

06. Entire court fee be refunded to the appellant.

SD/-

JUDGE

SD/-

MEMBER

MKM