Karnataka High Court
Ashok Vinayak Raikar vs Gandhi Ramachandra Pawar on 6 December, 2023
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NC: 2023:KHC-D:14279
RSA No. 5188 of 2012
IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 6TH DAY OF DECEMBER, 2023
BEFORE
THE HON'BLE MRS JUSTICE K.S.HEMALEKHA
REGULAR SECOND APPEAL NO.5188 OF 2012 (SP)
BETWEEN:
ASHOK VINAYAK RAIKAR
AGED 52 YEARS, OCC: AGRICULTURE,
R/O. SHIGGAOV, DIST: HAVERI, PIN-581205.
... APPELLANT
(BY SRI. VISHWANATH HEDGE, ADVOCATE)
AND:
1. GANDHI RAMACHANDRA PAWAR
AGED 42 YEARS, OCC: AGRICULTURE,
R/O. SHIGGAOV, DIST: HAVERI, PIN-581205.
2. HUSSAINABI W/O. RAJESAB GULLED
AGE: 66 YEARS, OCC: HOUSEWIFE,
R/O. GUDAD, TQ: SHIGGAOV,
DIST: HAVERI, PIN-581205
Digitally 3. ABDULKHADER GUDUSAB GULED
signed by
VISHAL
AGE: 40 YEARS, OCC: BUSINESS,
VISHAL NINGAPPA R/O. SHIGGAOV, DIST: HAVERI, PIN-581205.
NINGAPPA PATTIHAL
PATTIHAL Date: ... RESPONDENTS
2023.12.08
16:50:16 (BY SRI. DINESH M.KULKARNI, ADVOCATE FOR R1;
+0530 SRI. SIDDAPPA S.SAJJAN, ADVOCATE FOR R3
(AS PER ORDER DATED 06.12.2023 APPEAL DISMISSED AGAINST R3;
NOTICE TO R2 IS SERVED (AS PER ORDER DATED
06.12.2023 APPEAL DISMISSED AGAINST R2)
THIS REGULAR SECOND APPEAL IS FILED UNDER SECTION 100
OF THE CODE OF CIVIL PROCEDURE, 1908, AGAINST THE JUDGMENT
AND DECREE DATED 30.11.2009 PASSED IN R.A.NO. 20/2007 ON THE
FILE OF THE PRL. SENIOR CIVIL JUDGE, HAVERI, ALLOWING THE
APPEAL FILED AGAINST THE JUDGMENT DATED 05.02.2007 AND THE
DECREE PASSED IN O.S.NO. 252/2000 ON THE FILE OF THE CIVIL
JUDGE (JR.DN.) SHIGGAON, PARTLY DECREEYING THE SUIT FILED
FOR SPECIFIC PERFORMANCE.
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NC: 2023:KHC-D:14279
RSA No. 5188 of 2012
THIS REGULAR SECOND APPEAL, COMING ON FOR ORDERS,
THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
1. The present regular second appeal by defendant
No.3 assailing the judgment and decree of the first
appellate Court directing specific performance of contract.
The suit was levied by respondent No.1 - plaintiff for
specific performance of contract in respect of the suit
schedule property on the basis of the agreement of sale
dated 13.08.1999. The suit was decreed in part granting
refund of earnest money, in an appeal preferred by the
plaintiff before the first appellate Court, the first appellate
Court granted relief of specific performance of contract.
2. Learned counsel appearing for the appellant and
the learned counsel appearing for the respondent No.1
submits that the appellant and respondent No.1 have
resolved their dispute amicably and files a compromise
petition under Order 23 Rule 3 of CPC duly signed by the
appellant and respondent No.1 and their respective
counsel.
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3. The terms of settlement reads as under:
"3. TERMS OF SETTLEMENT:
Now the dispute is settled between appellant
and respondent No. 1/Plaintiff in the following
terms.
i. The respondent No. 1 has agreed to
receive Rs. 24,00,000/- (Rupees Twenty
Four Lakhs only) from the
appellant/defendant No. 3 as full and
final settlement for relinquishing his
claim over suit property admitting the
registered sale deed dated 25-3-2003
executed by Hussainabi Kom Rajesab
Gulled before Sub Registrar Shiggaon in
favour of appellant.
ii. By virtue of settlement arrived at
between the parties, the respondent No.1
has agreed to not press the judgment
and decree dated 5-2-2007 passed in
original suit in O.S.No. 252/2000 by Civil
Judge (Jr.Dn) Shiggaon and the
judgment and decree dated 30-11-2009
passed in R.A.No. 20/2007 by Senior
Civil Judge Haveri. The
plaintiff/respondent No.1 is not pressing
his claim based on the agreement of sale
dated 13-8-1999 executed by deceased
Rajesab S/o Imamsab Gulled.
iii. The respondent No.1/Plaintiff has already
received Rs. 6,00,000/- (Rupees Six
Lakh only) through Cheque bearing No.
011270 of Shiggaon Urban Co-operative
Bank Limited, Shiggaon on 22-2-2022.
The respondent No.1 also received Rs.
2,00,000/-(Rupees Two Lakh only)
through cheque bearing No.011272 of
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Shiggaon Urban Co-operative Bank
Limited, Shiggaon on 2-3-2023 and
received Rs. 2,00,000/-(Rupees Two
Lakh only) through cheque bearing
No.011273 of Shiggaon Urban Co-
operative Bank Limited, Shiggaon on 2-
4-2023. The respondent No.1 also
received Rs. 2,00,000/-/-(Rupees Two
Lakh only) through cheque bearing
No.024667 of Shiggaon Urban Co-
operative Bank Limited, Shiggaon on 20-
11-2023. The respondent No.1 agreed to
receive remaining amount of Rs.
12,00,000/- (Rupees Twelve lakh only)
at the time of presenting the joint memo
before this Hon'ble Court Today the
respondent No. 1 has received the
amount of Rs. 12,00,000/- (Rupees
Twelve Lakh Only) through demand Draft
bearing No.659659 dated 5-12-2023
drawn on Karnataka Vikas Grameena
Bank Shiggaon branch In favour
Respondent No.1.
iv. The respondent No.1 has agreed to
withdraw the Ex. No. 40/2011 pending
before Civil Judge Court at Shiggaon.
v. The respondent No. 1/plaintiff or any
person claiming under him has no rights
whatsoever in respect of suit schedule
properties. By virtue of the settlement
the appellant is the owner of the suit
schedule property.
vi. Both the parties agree to modify the
impugned judgment and decree in terms
of the joint memo.
vii. Wherefore, it is prayed that the instant
appeal may kindly be disposed of in
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terms of the joint memo submitted by
the parties."
4. In terms of the settlement, the appellant -
defendant No.3 has agreed to pay a sum of Rs.24,00,000/-
(Rupees twenty four lakhs only) and the respondent No.1
has agreed to receive the same towards full and final
settlement of their claim, Rs.12,00,000/- (Rupees twelve
lakhs only) is paid by way of demand drafts on various
dates and the remaining amount of Rs.12,00,000/- (Rupees
twelve lakhs only) is paid today by way of demand draft as
enumerated at paragraph No.3 of the compromise petition.
The said demand draft is duly acknowledged by respondent
No.1, who is present before this Court.
5. The compromise petition forms part and parcel
of this order.
6. The appeal is not pressed against respondent
Nos.2 & 3 as no relief is claimed in this appeal by the
appellant.
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7. In terms of the compromise petition, the
judgment and decree of the Courts below stands modified.
Accordingly, the regular second appeal is hereby
disposed of.
The Registry to draw the decree accordingly.
In view of the compromise, pending applications, if
any, do not survive for consideration and the same are
accordingly disposed off.
Sd/-
JUDGE
VNP
