Smt Munilakshmamma vs G Venkatesh
2022 Latest Caselaw 2772 Kant

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       IN THE HIGH COURT OF KARNATAKA AT BENGALURU

         DATED THIS THE 18TH DAY OF FEBRUARY, 2022

                         PRESENT

            THE HON'BLE MR. JUSTICE G.NARENDAR

                             AND

     THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR

           REGULAR FIRST APPEAL NO.430/2016 (SP)

BETWEEN:

1.     SMT. MUNILAKSHMAMMA
       W/O LATE EERAGENCHAPPA
       AGED ABOUT 59 YEARS

2.     SMT. SUJATHA
       D/O LATE EERAGENCHAPPA
       AGED ABOUT 45 YEARS

3.     MOHAN BY LR'S

a)     SMT. HEMAVATHI
       W/O LATE MOHAN
       AGED ABOUT 44 YEARS

b)     MADHU .M
       S/O LATE MOHAN
       AGED ABOUT 26 YEARS

c)     GOWTHAM.M
       S/O LATE MOHAN
       AGED ABOUT 23 YEARS

ALL RESIDING AT NO.16/3
2ND MAIN ROAD, 1ST CROSS,
MARENAHALLI, VIJAYANAGAR,
BENGALURU - 560 040.
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4.     BATHYAPPA
       S/O LATE EERAGENCHAPPA
       AGED ABOUT 38 YEARS

ALL ARE RESIDING AT NO.16/3
1ST MAIN ROAD, MARENAHALLI
VIJAYANAGAR
BENGALURU-560040.
                                             ... APPELLANTS

(BY SRI M.J.ALVA, ADV.)

AND:

G.VENKATESH
S/O GURAPPA
AGED ABOUT 52 YEARS
NO.32, BALAJI LAYOUT,
CHIKKA BANASAWADI
BEHIND EERAPPA REDDY LAYOUT
BANASAWADI ROAD
BENGALURU - 560 043.
                                            ... RESPONDENT

(BY SRI S.M.HEGDE KADAVE, ADV. FOR C/RESPONDENT)


       THIS REGULAR FIRST APPEAL IS FILED UNDER SECTION
96(1) AND ORDER XLI RULES 1 AND 2 OF CPC., AGAINST THE
JUDGMENT    AND   DECREE   DATED:   11.01.2016   PASSED   IN
OS.NO.4989/2007 ON THE FILE OF THE XI ADDL. CITY CIVIL
JUDGE BENGALURU CITY, DECREEING THE SUIT FOR SPECIFIC
PERFORMANCE.


       THIS REGULAR FIRST APPEAL COMING ON FOR HEARING
ON INTERLOCUTORY APPLICATION THIS DAY, G.NARENDAR J,
DELIVERED THE FOLLOWING:
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                            JUDGMENT

Heard the learned counsel for the appellants and the

learned counsel for the respondent.

2. Appeal is by the defendants in a suit for specific

performance which came to be decreed. It is submitted by

both the learned counsels that subsequently, the parties

have entered into a compromise and the matter came to be

settled out of Court and that pursuant to the out of Court

settlement, the appellants/defendants have in fact executed

the sale deed and that in terms of the settlement, the

amount deposited before the trial Court are to be received

by the defendants/appellants.

3. In that view of the matter, learned counsel for

the appellants' has preferred a memo and prays that

dismissal be ordered. The learned counsel for the

respondent/plaintiff submits that they have no objection for

the appellants/defendants withdrawing the sum deposited

before the trial court.

4. The submissions are placed on record and memo

is taken on record. The appeal is dismissed as withdrawn in

the terms noted herein above.

5. Office to examine and refund the permissible

court fee in terms of the memo and draw decree

accordingly.

6. Registry to expedite the drawing-up of decree

and shall forthwith return the trial court records.

In view of disposal of the appeal, pending I.As. if any,

do not survive for consideration and is accordingly disposed

off.

Sd/-

JUDGE

Sd/-

JUDGE

Chs CT-HR