Sri A G Dinesh Babu vs Sri H T Thammaiah
2022 Latest Caselaw 4134 Kant

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       IN THE HIGH COURT OF KARNATAKA AT BENGALURU

          DATED THIS THE 10TH DAY OF MARCH, 2022

                            PRESENT

            THE HON'BLE MR. JUSTICE B.VEERAPPA

                              AND

            THE HON'BLE MR. JUSTICE S RACHAIAH

            REGULAR FIRST APPEAL NO.1686/2017

BETWEEN:

SRI A.G.DINESH BABU
S/O A.P.GOWDEGOWDA
AGED ABOUT 49 YEARS
R/AT 1ST MAIN, 10TH CROSS
SARASWATHIPURAM
HASSAN CITY - 573 103.
                                            ... APPELLANT
(BY SRI MADHUSUDHAN M.N, ADV.)

AND:

1.     SRI H.T.THAMMAIAH
       S/O LATE THIMMEGOWDA
       RACHEGOWDA @ APPANNAGOWDA,
       AGED ABOUT 66 YEARS,

2.     SMT. YASHODAMMA
       W/O H.T.THAMMAIAH
       AGED ABOUT 58 YEARS,

BOTH ARE RESIDENTS OF
H.NO.3827, DEVANGA BEEDI,
HASSAN CITY - 573.
                                         ... RESPONDENTS

(BY SRI HONNALINGE GOWDA.B, ADV. FOR R1 & R2.)
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     THIS REGULAR FIRST APPEAL IS FILED                 UNDER
SECTION 96 OF CPC., AGAINST THE JUDGMENT AND           DECREE
DATED 05.08.2013 PASSED IN OS.NO.4/2008 ON THE         FILE OF
THE ADDITIONAL SENIOR CIVIL JUDGE, HASSAN,              PARTLY
DECREEING THE SUIT FOR SPECIFIC PERFORMANCE.


     THIS REGULAR FIRST APPEAL COMING ON FOR HEARING
ON INTERLOCUTORY APPLICATION THIS DAY, B.VEERAPPA J,
DELIVERED THE FOLLOWING:


                           JUDGMENT

There is a delay of 1419 days in filing the present

appeal. Since the matter is settled between the parties,

learned counsel for the respondents No.1 and 2 Sri Honnalinge

Gowda fairly submits that, there is no objection for accepting

the application. Hence, I.A. 1/2020 is allowed. Accordingly,

delay of 1419 days in filing the appeal is condoned.

2. The plaintiff filed the present appeal against the

impugned judgment and decree dated 05.08.2013 made in

O.S. No.4/2008 on the file of Additional Senior Civil Judge,

Hassan decreeing the suit of the plaintiff in part and directed

the defendants No.1 and 2 to refund the earnest money of

Rs.5,00,000/- with interest at the rate of 15% p.a. from the

date of agreement till the realization.

3. The matter was referred to the Bengaluru

Meditation Centre for settlement by this Court vide order

dated 25.10.2021. Accordingly, both the parties appeared

before the Bengaluru Mediation Centre and filed a

Memorandum of Settlement under Section 89 of CPC read with

Rules 24 and 25 of the Karnataka Civil Procedure (Mediation)

Rules, 2005 wherein, the appellant has agreed to pay the sale

consideration of Rs.40,00,000/- instead of Rs.36,50,000/- to

the respondents/defendants and to get registered the sale

deed in respect of the schedule properties within a period of

60 days from the date of the settlement. The

respondents/defendants have agreed that they have received

the advance sale consideration of Rs.5,00,000/- at the time of

execution of the sale agreement which will be deducted from

Rs.40,00,000/- which has been agreed upon.

4. The parties also state that during the execution of

the sale agreement at an earlier stage, the an extent of

immovable property was 25 acres 03 guntas, now after Pakka

Patta the area has been reduced to 23 acres 23 guntas. It is

agreed between the parties that in case the deference of 1

acre 20 guntas are traced at a later time that shall be vested

in the absolute ownership of the appellant.

5. Both the parties agreed that registration fee and

relevant expenses is borne by the appellant and the appellant

has agreed to pay the balance sale consideration of

Rs.35,00,000/- to the respondents before the Sub-Registrar at

the time of execution of absolute sale deed in favour of the

appellant. The respondents also undertake to execute

absolute sale deed within 60 days from today and if they failed

to perform their part, the appellant is at liberty to deposit

Rs.35,00,000/- before the trial court and get the properties

registered in the name of the appellant.

6. The respondents further undertake that they have

no other claims against the appellant and they have also given

up their rights to claim any further payment.

7. In view of the settlement entered into between the

parties, the schedule properties are morefully described along

with the Memorandum of Settlement duly signed by the

appellant/respondents and their respective counsels.

8. This Court on a specific query to the appellant as

well as the respondents who identified their respective

counsels, voluntarily state that have agreed for settlement in

terms of the Memorandum entered into between the parties

before the Mediation Centre.

9. In view of the above, the Regular First Appeal is

disposed off in terms of the settlement entered into between

the parties stated supra before the Bengaluru Mediation

Centre.

Memorandum of Settlement shall be part of the decree.

Sd/-

JUDGE

Sd/-

JUDGE

Chs CT-HR