Sri.Srinivasa Reddy vs Smt.Nagarathanamma
2022 Latest Caselaw 5155 Kant

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

       DATED THIS THE 22ND DAY OF MARCH, 2022

                       BEFORE

          THE HON'BLE MR.JUSTICE R.NATARAJ

  REGULAR SECOND APPEAL NO.580 OF 2014 (SP)
                   C/W
  REGULAR SECOND APPEAL NO.581 OF 2014 (SP)

BETWEEN:

SRI. SRINIVASA REDDY
S/O NARAYANA REDDY
AGED 45 YEARS
R/O THALLAPALLI VILLAGE,
SUNDARAPALYA GRAMA PANCHAYATH,
KYASAMBALLI HOBLI,
BANGARPET TALUK,
KOLAR DISTRICT - 563 114.
                                     ...COMMON APPELLANT
(BY SRI. SANGAMESH R.B., ADVOCATE)

AND:

SMT. NAGARATHANAMMA
W/O R.VENKATASWAMY
AGED 37 YEARS
R/O NAGARAHALLI,
KUPPAM PALYA POST,
THAYALUR HOBLI,
MULBAGAL TALUK - 563 131
KOLAR DISTRICT
                           ....COMMON RESPONDENT

(BY SRI. C. PATTABI RAMAN, ADVOCATE FOR
    SRI. SATHISH BABU T.S., ADVOCATE FOR
    CAVEATOR/RESPONDENT)
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      R.S.A. NO.580/2014 IS FILED UNDER SECTION 100 OF
THE CIVIL PROCEDURE CODE, 1908 AGAINST THE JUDGMENT
AND DECREE DATED 05.12.2013 PASSED IN R.A.NO.100/2007
ON THE FILE OF THE PRL. SENIOR CIVIL JUDGE, K.G.F.,
DISMISSING THE APPEAL FILED AGAINST THE JUDGMENT AND
DECREE DATED 28.06.2007 PASSED IN O.S.NO.82/2004 ON
THE FILE OF THE PRL. CIVIL JUDGE (JR.DN.) AT K.G.F.

      R.S.A. NO.581/2014 IS FILED UNDER SECTION 100 OF
THE CIVIL PROCEDURE CODE, 1908 AGAINST THE JUDGMENT
AND DECREE DATED 05.12.2013 PASSED IN R.A.NO.76/2007
ON THE FILE OF THE PRL. SENIOR CIVIL JUDGE, K.G.F.,
ALLOWING THE APPEAL FILED AGAINST THE JUDGMENT AND
DECREE DATED 28.06.2007 PASSED IN O.S.NO.82/2004 ON
THE FILE OF THE PRL. CIVIL JUDGE (JR.DN.) AT K.G.F.

     THESE APPEALS COMING ON FOR ADMISSION THIS DAY,
THE COURT DELIVERED THE FOLLOWING:

                       JUDGMENT

R.S.A No.580/2014 is filed by the plaintiff in O.S.

No.82/2004 challenging the concurrent finding recorded by

both the Courts by which the suit filed by the plaintiff for

specific performance was dismissed.

2. R.S.A. No.581/2014 is filed by the plaintiff in

O.S.No.82/2004 challenging the Judgment and Decree

dated 05.12.2013 passed by the First Appellate Court

(Court of the Principal Senior Civil Judge, K.G.F.) in R.A.

No.76/2007 by which it reversed the Judgment and Decree

dated 28.06.2007 passed by the Trial Court (Court of the

Prl. Civil Judge (Jr. Dn.), K.G.F) in O.S. No.82/2004

directing refund of Rs.40,800/-.

3. When these appeals were listed for admission,

the parties reported that they have settled the dispute and

have filed a Compromise Petition under Order XXIII Rule 3

read with Section 151 of the Code of Civil Procedure, 1908,

the relevant terms of which, read as under:

"The Appellant and the Respondent named above most respectfully submit as under:

2. The Appellant /Plaintiff filed a suit for specific performance of agreement of sale dated 04.02.2002 against the Respondent/Defendant in OS.No.82/2004 before the learned Principal Civil Judge (Jr. Dn.) at KGF and the said suit was dismissed with a direction to the Respondent/Defendant to return the advance amount of Rs.40,800/- to the Appellant/Plaintiff received under the said Agreement as per the Judgment and Decree Dated 28.06.2007.

3. Being aggrieved by the Judgment and Decree Dated 28.06.2007 passed in O.S.No.82/2014 on the Principal Civil Judge (Jr.

Dn) at KGF both the parties have preferred

separate Appeals in RA.No.76/2007 & 100/2007 Respectively before the learned Principal Civil Judge (Sr. Dn) at KGF and thereafter the learned First Appellate Court have dismissed the Appeal filed by the Appellant/Plaintiff and allowed the Appeal filed by the Respondent/Defendant in its common Judgment and order dated 05.12.2013 passed in RA.No.76/2007 and RA.No.100/2007 on the file of learned Principal Senior Civil Judge at KGF.

4. Being aggrieved by the Common Judgment and Order dated 05.12.2013 passed by the Learned Senior Civil judge at KGF the Appellant herein preferred the above said Appeals before this Honourable High Court of Karnataka and the said Appeals were posted to this day for Admission.

5. It is submitted that at this juncture the parties have, on the advice of elders and well- wishers and the opportunity given by this Honourable High Court have entered into a compromise.

6. It is submitted that as per the advice of well and the elders the parties have also expressed their willingness to compromise their dispute in respect of the title over the schedule property, hence in pursuance of the same with the permission of this Honourable High Court have

entered into compromise the above case on the following terms.

7. It is submitted that by filing separate memo the Appellant has agreed to withdraw both the Appeals dismissed as not pressed.

8. It is submitted that in terms of the compromise the Respondent has agreed to pay a sum of Rs.4,50,000/-(Rupees four lakhs fifty thousand only) to the Appellant and out of the said amount of Rs.4,50,000/- (Rupees four lakhs fifty thousand only) today the Respondent has paid a sum of Rs.1,00,000/- (Rupees One lakh only) by way of cash and balance amount of Rs.3,50,000/- (Rupees three lakhs fifty thousand only) is agreed to pay within three months from this day by way of Demand Draft in the name of Appellant and in turn the appellant has acknowledges receipt of the above said amount of Rs.1,00,000 (Rupees One lakh only) by way of cash.

9. The Appellant agreed that the Agreement of Sale Dated 04.02.2002 is hereby cancelled and he will not claim any right, title or interest over the suit schedule property and he will also not interfere with the peaceful possession and enjoyment of the suit schedule property by the Respondent.

      10.     The    Appellant    agreed   to    hand-
over/return    the   Original    Sale   Deed    to   the

Respondent at the time of taking the DD for balance amount of Rs.3,50,000/- (Rupees three lakhs fifty thousand only);

11. The Appellant has no objection to the Respondent to receive the Original Documents from the trial court produced and marked by the Appellant in O.S.No.82/2004 as Ex.P1 to P3 i.e., Ex.P1 Agreement, Ex.P2 Agreement Original and Ex.P3 Mutation Extract.

12. The above amount of Rs.4,50,000/- (Rupees four lakhs fifty thousand only) is in full and final settlement of all and every claim of the Appellant and the Appellant shall have no claim whatsoever against the Respondent or her family members in respect of the Suit Schedule Property in any way in future as the matter has been fully settled between the parties.

13. The parties to bear their own costs.

Wherefore it is most respectfully prayed that this Honourable High Court may kindly be pleased to accept the above compromise and pass an order in terms of this compromise petition in the interest of justice and equity."

4. In terms of the compromise, the respondent /

defendant has agreed to pay a sum of Rs.4,50,000/- to the

plaintiff / appellant in lieu of not pursuing the relief of

specific performance. Out of the said amount of

Rs.4,50,000/-, Rs.1,00,000/- is paid by the defendant by

cash to the plaintiff and the balance amount is agreed to

be paid by the defendant to the plaintiff within three

months from today. It is also agreed between the parties

that the plaintiff will return back the title deeds of the suit

property to the defendant at the time of receipt of the

balance amount of Rs.3,50,000/- and also deliver

possession of the suit schedule property to the defendant.

The plaintiff has agreed not to interfere with the

possession of the suit property by the defendant. Since

the terms of the compromise are just and fair, the same is

accepted.

5. The parties are present in person and are

identified by their respective counsel. Both of them admit

and acknowledge the terms of the settlement and have

affixed their signatures to the order sheet of this Court in

token of their acceptance of the settlement.

6. In view of the compromise, the impugned

Judgment and Decree dated 28.06.2007 passed by the

Trial Court in O.S. No.82/2004 and the impugned

Judgment and Decree dated 05.12.2013 passed by the

First Appellate Court in R.A. No.76/2007 are modified and

these appeals are disposed off in terms of the compromise

petition.

7. Office is directed to draw a decree in terms of

the compromise petition.

8. The Trial Court is directed to return

documents, namely, Ex.P1-Agreement, Ex.P2-Agreement

Original and Ex.P3-mutation extract to the defendant in

the suit in O.S. No.82/2004 upon production of proof of

payment of the balance of Rs.3,50,000/-. Likewise, upon

payment of a sum of Rs.3,50,000/- as stated in paragraph

No.10 of the compromise petition, it shall be deemed that

the plaintiff has delivered back the possession of the suit

schedule property to the defendant. It is made clear that

if the defendant does not comply with the terms of this

compromise, the plaintiff / appellant is entitled to seek

recalling of compromise.

The pending interlocutory applications stand

disposed off.

Sd/-

JUDGE

sma