Karnataka High Court
Krishnappa vs K Ramesh on 21 March, 2022
Bench: R. Nataraj
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 21ST DAY OF MARCH, 2022
BEFORE
THE HON'BLE MR.JUSTICE R. NATARAJ
R.S.A. NO. 993 OF 2021
BETWEEN:
1. SRI. KRISHNAPPA,
S/O LATE GANGAPPA,
AGED 73 YEARS,
2. SRI. ASWATHA,
S/O KRISHNAPPA,
AGED 47 YEARS,
3. SRI. RAVINDRA
S/O KRISHNAPPA,
AGED 44 YEARS,
4. SRI. KUMAR
S/O KRISHNAPPA,
AGED 39 YEARS,
5. SRI. NAGARAJA,
S/O KRISHNAPPA,
AGED 34 YEARS,
ALL ARE RESIDENT OF
MOORANDAHALLI VILLAGE,
KASABA HOBLI,
KOLAR TALUK-563130
...APPELLANTS
(BY SRI. BAYYA REDDY.N, ADVOCATE)
AND:
SRI.K.RAMESH,
S/O KRISHNAPPA,
AGED ABOUT 48 YEARS,
R/O 2ND MAIN ROAD,
2
6TH CROSS, GANDHINAGAR,
KOLAR-563130
...RESPONDENT
(BY SRI. SRINIVAS.G , ADVOCATE FOR C/R)
THIS R.S.A. IS FILED UNDER SECTION 100 OF CODE OF
CIVIL PROCEDURE, 1908 AGAINST THE JUDGMENT AND
DECREE DATED 22.03.2021 PASSED IN R.A.NO.89/2019 ON
THE FILE OF THE III ADDL SENIOR CIVIL JUDGE, KOLAR,
DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT
AND DECREE DATED 05.07.2019 PASSED IN O.S.NO.34/2013
ON THE FILE OF THE II ADDITIONAL CIVIL JUDGE AND JMFC,
KOLAR.
THIS R.S.A. COMING ON FOR ORDERS THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
JUDGMENT
This appeal is filed by the defendants in
O.S.No.34/2013, challenging the concurrent finding of
facts recorded by both the Courts by which, the suit for
specific performance filed by the plaintiff was decreed.
2. When this appeal is listed for admission, the
parties have filed a joint memo settling the dispute, the
terms of which reads as follows;
and the Respondent submits that the above
matter is amicably settled between the parties
before this Hon'ble Court. On mutual
understanding between the Appellants and
Respondent, the Respondent has agreed to pay
a sum of Rs.5,00,000/- (Rupees Five Lakhs
only) as additional sale consideration along
with Rs.3,25,000/- in total Rs.8,25,000/-. The
Respondent has already paid Rs.3,00,000/- at
the time of Registered Sale Agreement and
Rs.25,000/- is deposited before the Execution
Court in Ex.No.19/2021 and Rs.1,00,000/-
each Appellant in this Appeal could be paid on
or before 28.03.2022 before registering the
Absolute Sale deed before the Sub-Registrar,
Kolar through Demand Draft in favour of the
Appellants No.1 to 5. the Respondent has no
any objections to withdraw the sum of
Rs.25,000/- before the II Addl. Civil Judge at
Kolar in Ex.No.19/2021, on behalf of the
Appellants No.1 and 3 to 5, the Appellant No.2
is signing this Joint Memo with the consent of
the Appellant Nos.1 and 3 to 5. The appellants
shall produce all necessary documents for
registration and all other related documents for
the Survey Numbers 32/1, 32/2 of
Ganeshapura village, Kasaba Hobli, Kolar
Taluk, and also Appellants state that there is
no any mortgage in the said property and
Appellants undertake not to claim any rights
over the suit schedule property. The Appellants
prays in view of the above settlement, they
entitle to get back the court fee paid on the
Appeal Memo. Hence, this joint memo."
3. As a result of the compromise, the plaintiff has
offered to pay a sum of Rs.5,00,000/- (Rupees Five Lakhs
only) as additional sale consideration apart from what is
already agreed under the agreement of sale. The
defendants have accepted the offer and agreed to conclude
the transaction. Since the compromise is just and fair, the
same is accepted.
4. The parties are present in person and are
identified by their respective counsel. They admit the
terms of the compromise.
5. In view of the above, the judgment and decree
passed by the Trial Court and the First Appellate Court is
modified and this appeal is disposed off in terms of the
joint memo.
The parties have affixed their signatures to the order
sheet of this Court in token of acceptance of the terms of
compromise.
Office is directed to draw up a decree in terms of the
compromise and to refund the Court fee as is permissible
under law.
Sd/-
JUDGE
PN
