Karnataka High Court

Sri.Nagaraju vs Abijabiyamma on 30 August, 2023

Bench: Ashok S.Kinagi

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                                                     NC: 2023:KHC:31152
                                                   RSA No. 350 of 2015




                     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                        DATED THIS THE 30TH DAY OF AUGUST, 2023

                                        BEFORE

                         THE HON'BLE MR JUSTICE ASHOK S.KINAGI

                     REGULAR SECOND APPEAL NO. 350 OF 2015 (SP)

                BETWEEN:

                SRI. NAGARAJU
                S/O NARASAIAH @ MARIYAPPA,
                AGED ABOUT 43 YEARS,
                R/@ K. MALLENAHALLI VILLAGE,
                KASABA HOBLI,
                NAGAMANGALA TALUK,
                MANDYA-571432.
                                                           ...APPELLANT

                (BY SMT. B. ARATHI, ADVOCATE)

                AND:

                1.     ABIJABIYAMMA
Digitally
signed by R            W/O ABDUL SATTAR SAB,
DEEPA                  SINCE DEAD BY LR'S
Location:
High Court of   1(A) SMT. SHAANOR
Karnataka            W/O MOHAMMED KASIM
                     AGED ABOUT 58 YEARS
                     R/AT KHB COLONY
                     SHIDLAGHATTA TALUK
                     CHIKKABALLAPURA DISTRICT

                1(B) SRI. SHOUKATH PASHA
                     S/O ABDUL SATTAR SAB
                     AGED ABOUT 54 YEARS
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                                        NC: 2023:KHC:31152
                                      RSA No. 350 of 2015




1(C) SMT. HASSEN TEJ
     W/O MOHAMMED SIDDIQ AHAMAD
     AGED ABOUT 52 YEARS

1(D) SRI. ULFATH PASHA
     S/O ABDUL SATTAR SAB
     AGED ABOUT 50 YEARS

      RESPONDENTS R1(B-D) ARE R/AT
      KUMBAR STREET
      NAGAMANGALA TALUK
      MANDYA DISTRICT.

                                           ...RESPONDENTS
(BY SRI. M.E. MADHUSUDHAN, ADVOCATE)


     THIS RSA IS FILED U/O XLI RULE 1 R/W SEC.100 OF
CPC., AGAINST THE JUDGMENT AND DECREE DATED
15.12.2014 PASSED IN R.A NO.2/2013 ON THE FILE OF THE
SENIOR    CIVIL  JUDGE     AND   JMFC.,   NAGAMANGALA,
DISMISSING THE APPEAL AND FILED AGAINST THE JUDGMENT
AND DECREE DATED 15.11.2012 PASSED IN O.S NO.21/2009
ON THE FILE OF THE CIVIL JUDGE AND JMFC., NAGAMANGALA.

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


                         JUDGMENT

The appellant and respondentsare present before this

Court. They have filed memorandum of compromise

petition. The terms of the compromise petition reads as

under:

NC: 2023:KHC:31152 RSA No. 350 of 2015

"1. It is submitted that, appellant has filed the above second appeal questioning the judgment and decree passed by the Hon'ble Trial court in O.S. 21/2009 dated 15-11-2012 and the judgment and decree passed by the 1st Appellate court in R.A 2/2013 dated 15-12-2014. The appellant filed the suit in OS 21/2009 for the relief of specific performance of agreement dated 21-8-2007 against the original defendant Abijabiyamma before the trial court, the original defendant Abijabiyamma contested the said suit disputing the claim of the appellant and specifically contended that she never agreed to sell the Suit Schedule Property pursuant to the agreement dated 21-8-2007. But she has specifically contented that she only borrowed a sum of Rs.1,00,000/ thus sought for dismissal of suit among other grounds also. However the Hon'ble trial court considering to material available on record and evidence of parties dismissed the suit by the Judgment and decree dated 15-11-2012 holding that the transaction alleged by the appellant is only a loan cum monetary transaction and therefore directed the original defendant to return the amount in a sum of Rs. 1,00,000/- received with 18% P.A. from 21-8-2007 till date of realization. The appellant being aggrieved by the said Judgement and decree passed in OS 21/2009

NC: 2023:KHC:31152 RSA No. 350 of 2015

preferred the appeal before the Hon'ble First appellate court in RA 2/2013. The Hon'ble first appellate court while dismissing the appeal pursuant to the Judgement and decree dated 15-12-2014 direct the original defendant/ Respondent therein to pay a sum of Rs. 1,00,000/- with the interest @ 24% P.A. The Appellant being further aggrieved preferred the above appeal before this Hon'ble court. During the pendency of the above appeal the original defendant/ Respondent passed away. Therefore her LR's were brought on record as respondent 1(a) to 1(d) who are the children of the deceased respondent and at the same time during the life time of the original defendant , the original defendant executed the gift deed on 24-9-2019 in favour of the Respondent 1(c). when things stood thus Smt. Abijabiyamma the original defendant passed away on 9-7-2020 passed away leaving behind her Legal Representatives the Respondent 1(a) to 1(d) by executing the gift deed in favour of R1(c).

2. Now the Legal Representatives of the original defendant and the appellant have come to the amicable settlement to put an end to the litigation once and for all. And in that view of matter the above appeal is settled between the parties in the following manner:

NC: 2023:KHC:31152 RSA No. 350 of 2015

3. It is submitted that, the appellant/Plaintiff has agreed to receive a sum of Rs. 2,50,000/- with interest @ 12%P.A. from 21-8-2007 (which is the date of agreement) That the Legal Representatives of the Original defendant have agreed to pay the above said amount with interest as agreed. Thus the total amount settled is in a sum of Rs. 7,30,000/-including interest, Out of which Rs. 2,18,780/- has been deposited before the Hon'ble trial court on 8-1-2013 pursuant to the receipt bearing No. 0122517. In that view of the matter now the Legal Representatives of the respondent/Defendant shall pay a sum of Rs.5,00,000/- after deducting the amount deposited before the trial court. Thus a sum of Rs.5,00,000/- has been paid to the appellant by the Legal Representatives of the original defendant/Respondent pursuant to the Cheque bearing No. 284821 drawn on State Bank of India, Nagamangala Branch dated 30-8-2023 and the appellant/Plaintiff is also permitted to withdraw the amount of Rs.2,18,780/- deposited by the original defendant before the trial court in OS 21/2009 and the appellant may be permitted to withdraw the same. An amount in a sum of Rs. 11,220/- being the difference amount has been paid in cash along with the above said cheque. Thus in view of the above the entire

NC: 2023:KHC:31152 RSA No. 350 of 2015

dispute between the appellant and the respondent 1(a) to 1(d) has come to an end and therefore the appellant shall have no manner of claim what so ever as against the Respondent 1(a) to 1(d). In that view of the matter the agreement in question dated 21-8-2007 is seized to exist in view of the above settlement arrived at which is a full and final settlement. In view of the same the appellant shall have no manner of right title and interest over the suit schedule property and therefore the appellant shall return the original agreement dated 21-8-2007 to the respondent No. 1(c) or the appellant thereby authorize the respondent No. 1(c) to take back/receive the original agreement dated 21-8-2007 from the trial court which is produced in OS 21/2009 as exhibit P-1.

4. It is agreed by both the appellant and respondent No. 1(c) the respondent-1 has a Right to set right the entry of the name of the respondents in the relevant revenue records pertaining to the suit schedule property for which the appellant shall have no objection and therefore no separate "No objection" is required to be issued by the appellant.

5. That in view of the above settlement, From this day onwards the appellant shall have no manner of right title and interest over the suit schedule

NC: 2023:KHC:31152 RSA No. 350 of 2015

property in pursuance of any documents relating to the suit schedule property.

6. The appellant hereby seek for the refund of court fee as provided under law.

Wherefore the appellant and respondent No.1(a) to 1(d) prays that this Hon'ble court may be pleased to record the above said compromise and dismiss the appeal confirming the Judgment and decree dated 15-11-2012 in OS 21/2009 before the Hon'ble Civil Judge (Jn. Dvn.) at Nagamangala, and the Judgment and decree dated 15-12-2014 passed in RA. 2/2013 before the Hon'ble Senior Civil Judge and JMFC At Nagamangala in the interest of Justice and equity."

2. The contents of the compromise petition is read

over to them in the language known to them. They have

understood and accepted the terms and conditions of the

compromise petition. The parties are identified by their

respective counsel.

3. The compromise petition is placed on record.

NC: 2023:KHC:31152 RSA No. 350 of 2015

4. Accordingly, the appeal is disposed of in terms of

the compromise. Draw decree accordingly.

5. Registry is directed to refund the Court fee as per

Section 66 of the Karnataka Court Fees & Suits Valuation

Act, 1958, in favour of the appellant.