Smt Sharadhamma vs Smt K R Rathnamma
2022 Latest Caselaw 5896 Kant

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     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

         DATED THIS THE 01st DAY OF APRIL, 2022

                       PRESENT

          THE HON'BLE MR.JUSTICE G.NARENDAR

                          AND

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

       REGULAR FIRST APPEAL NO.847 OF 2020

BETWEEN:


SMT SHARADHAMMA,
W/O K RAMANJINEYULU,
AGED ABOUT 61 YEARS,
RESIDING AT BRUNDAVANA
GARDEN, THIRUMALA DHABA,
YELAHANKA NEW TOWN,
BENGALURU NORTH TALUK,
BENGALURU-560 060.
                                         ....APPELLANT
(BY SRI. MADHAV KASHYAP., FOR
    SRI. P.PRASANNA KUMAR.,ADVOCATES)

AND:


1.     SMT K R RATHNAMMA
       W/O P. HANUMANTHAPPA,
       AGED ABOUT 58 YEARS,
       RESIDENT OF NO.241,
       5TH CROSS, CHAMRAJPET,
       CHICKBALLAPUR TOWN,
       NOW RESIDING AT 1ST PLOT,
       1ST FLOOR,
                         2




     RESERVE BANK QUARTERS,
     RPC LAYOUT,
     BENGALURU-560 040.

2.   SRI. P. HANUMANTHAPPA
     H/O SMT. K.R.RATNAMMA
     AGED ABOUT 61 YEARS
     RESIDENT OF NO.241,
     5TH CROSS, CHAMRAJPET,
     CHICKBALLAPUR TOWN,
     NOW RESIDING AT 1ST PLOT,
     1ST FLOOR,
     RESERVE BANK QUARTERS,
     RPC LAYOUT,
     BENGALURU-560 040.

3.   KUM. H NETHRA
     D/O P HANUMANTHAPPA,
     AGED ABOUT 26 YEARS
     RESIDENT OF NO.241,
     5TH CROSS, CHAMRAJPET,
     CHICKBALLAPUR TOWN,
     NOW RESIDING AT 1ST PLOT,
     1ST FLOOR,
     RESERVE BANK QUARTERS,
     RPC LAYOUT,
     BENGALURU-560 040.

4.   KUM.H PAVITHRA
     D/O P HANUMANTHAPPA,
     AGED ABOUT 26 YEARS
     RESIDENT OF NO.241,
     5TH CROSS, CHAMRAJPET,
     CHICKBALLAPUR TOWN,
     NOW RESIDING AT 1ST PLOT,
     1ST FLOOR, RESERVE BANK QUARTERS,
     RPC LAYOUT,
     BENGALURU-560 040.
                                  ....RESPONDENTS
(BY SRI.C. BABU FOR C/R1 TO R4)
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    THIS APPEAL   IS FILED UNDER SECTION 96 R/W
ORDER 41 RULE 1 OF CPC, AGAINST THE JUDGMENT AND
DECREE DATED 10.01.2020 PASSED IN O.S.NO.306/2014
ON THE FILE OF THE SENIOR CIVIL JUDGE, GUDIBANDE,
DISMISSING THE SUIT FOR SPECIFIC PERFORMANCE OF
CONTRACT.

     THIS PETITION COMING ON FOR ORDERS, THIS DAY,
M.G.S.KAMAL J, MADE THE FOLLOWING:

                                 ORDER

Heard Sri.Madhav Kashyap, learned counsel for

Sri.P.Prasanna Kumar for petitioner and Sri.C.Babu, learned

counsel for the C/R1 to R4.

2. Present appeal is filed by the appellant/plaintiff

aggrieved by the judgment and decree dated 10.01.2020

passed in O.S.No.306/2014 on the file of Senior Civil Judge,

Gudibande (hereinafter referred to as the 'Trial Court'). In

and by which, the suit for specific performance of the

agreement dated 06.01.2014 came to be dismissed by

directing the defendants to repay sum of Rs.10,00,000/-

with 9% interest p.a., from the date of agreement till the

realization.

3. Today, the appellant/plaintiff and

respondents/defendants have filed a memo of compromise

under Order 23 Rule 3 read with Section 151 of CPC,

mutually and amicably resolving the issue. The memo reads

as under:

"1. It is submitted that the present appeal is preferred by the appellant herein being aggrieved by the part of the impugned judgment and decree dated 10.01.2020 whereby the learned Civil Judge was pleased to dismiss the suit filed by the appellant/plaintiff seeking the relief of specific performance of the agreement dated 06.01.2014.

2. It is submitted that the appellant and the respondents herein entered into an agreement of sale on 06.01.2014 for the sale of the property bearing Sy.No.20 situated at Iragareddy Halli Village, Somenahalli Hobli, Gudibande Taluk. It is further submitted that the appellant and the respondents herein mutually decided the sale transaction for Rs.70,67,500/- and in view of the same an agreement to sale was entered by the appellant and respondents herein on 06.01.2014 and the appellant herein has paid an advance amount of Rs.10 Lakhs.

3. It is submitted that the learned Civil Judge was pleased to partly decree the suit by dismissing the suit for specific performance of agreement dated 06.01.2014 and granting recovery of Rs.10 Lakhs with an interest of 9% per annum to the appellant herein.

4. It is submitted that the Appellant and the Respondents herein upon intervention of well- wishers and common friends of the respective advisors have decided to settle the dispute in the above case amicably in respect of the suit schedule property as per the following terms and conditions:

SETTLEMENT OF TERMS AND CONDITONS

1. Pursuant to the impugned decree, the respondents herein have deposited a sum of Rs.16,52,000/- by way of a demand draft bearing No.459108 drawn on learned Prl. Sr. Civil Judge and CJM Chikkaballapura. The respondents herein submits that they have no objections for the appellant to receive the said deposited amount.

2. The respondent herein as also agreed not to have any claim over the court fee of Rs .2,37,800/-

3. The respondents as a gesture of good will and with an intention to settle amicably have agreed to issue Demand Draft bearing number 804368 dated 11.01.2022 for a sum of Rs.2,00,000/- in favour of the appellant herein, as full and final settlement. There is no claim each other.

4. In furtherance of the above terms and after completion of the full payment, the appellant hereby states that she shall not have any objections to release the original documents if any filed before the Trial Court in respect of the suit schedule property to be released in favour of respondents in view of the aforesaid compromise arrived between them and that she has given consent for releasing the same in favour of respondent in this compromise.

5. In view of the aforesaid compromise arrived between the Appellant and Respondents, they hereby declare that all the allegations made by them against each other in their respective pleadings shall stand withdrawn as against each other.

6. The respondents have handed over the Demand Draft bearing number 804368 dated 11.01.2022 for a sum of Rs.2,00,000/- issued in favour of the appellant to the appellant on

this day prior to filing of the present compromise petition before the court.

7. The Appellant and Respondents further hereby declare that the aforesaid compromise us arrived between them out of their own free will and volition and that there is no any kind of force, coercion, misrepresentation of any nature for the purpose of entering into this compromise.

8. The Appellant and Respondents further declare that in terms and conditions of this compromise are binding upon each other and that said terms and conditions are not opposed to any provisions of law or to public policy".

In terms of compromise, the appellant/plaintiff has

agreed to receive total a sum of Rs.18,52,000/-. Out of

which, a sum of Rs.16,52,000/- has been deposited by the

respondents before trial Court which the appellant is

entitled to receive. Today, additional sum of Rs.2,00,000/-

has been paid by the respondents by way Demand Draft

dated 11.01.2022 and is handed over to the appellant in

terms of the compromise, receipt of which is acknowledged

by the Appellant. Appellant is also entitled to receive

Rs.2,37,800/-, which has been paid by her as Court fee.

4. Parties are present before the Court and duly

identified by their respective counsel. They have agreed to

the terms of the settlement.

5. We have seen the terms of the compromise and

the same is appears to be just and fair and is not opposed

to law or public policy. The same is taken on record.

Accordingly, appeal is disposed of in terms of the

aforesaid compromise.

Sd/-

JUDGE

Sd/-

JUDGE

RU