K.Gangamma W/O. K.M.Mallappa vs B.Keshava Reddy S/O. Hanumanthappa
2023 Latest Caselaw 8217 Kant

Karnataka High Court

K.Gangamma W/O. K.M.Mallappa vs B.Keshava Reddy S/O. Hanumanthappa on 23 November, 2023

Author: H.P.Sandesh

Bench: H.P.Sandesh

                                                           -1-
                                                                    NC: 2023:KHC-D:13659-DB
                                                                   RFA No. 100542 of 2019




                                   IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
                                      DATED THIS THE 23RD DAY OF NOVEMBER, 2023
                                                         PRESENT
                                         THE HON'BLE MR JUSTICE H.P.SANDESH
                                                           AND
                                   THE HON'BLE MR JUSTICE RAMACHANDRA D. HUDDAR
                                     REGULAR FIRST APPEAL NO. 100542 OF 2019 (SP)


                              BETWEEN:
                              K. GANGAMMA W/O. K.M.MALLAPPA
                              AGED : 62 YEARS,
                              OCC: AGRICULTURIST AND
                              HOUSEWIFE, R/O: THERU BIDI,
                              KURUGODU POST,
                              BALLARI TALUK AND DISTRICT-583116.
                                                                               ...APPELLANT
                              (BY SRI. GODE NAGARAJ, ADVOCATE)


                              AND:
                              1.   B. KESHAVA REDDY
                                   S/O. HANUMANTHAPPA,
                                   AGED: 64 YEARS.

                              2.   SMT. ANANTHAMMA
           Digitally signed
                                   W/O. KESHAVA REDDY,
           by K M
           SOMASHEKAR
           Location: HIGH
                                   AGE: 62 YEARS.
           COURT OF
KM         KARNATAKA
SOMASHEKAR DHARWAD
           BENCH
           Date:
           2023.11.25
           11:51:18
                              3.   B. HEMANTHA RAJA
           +0530
                                   S/O. B.KESHAVA REDDY,
                                   AGE: 42 YEARS.

                              4.   B. SATISH KUMAR
                                   S/O. B.KESHAVA REDDY,
                                   AGE: 38 YEARS.

                                   RESPONDENTS NO.1 TO 4 ARE
                                   AGRICULTURISTS AND
                                   RESIDENTS OF YERRANGLI ROAD,
                                   BADANAHATTI VILLAGE,
                                   BALLARI TALUK AND DISTRICT-583118.
                                -2-
                                            NC: 2023:KHC-D:13659-DB
                                        RFA No. 100542 of 2019




5.   KAKARLA LAXMINARAYANA
     S/O. KAKARLA PULLAYYA,
     R/O. RAMACHANDRAPURAM VILLAGE,
     PATTIKONDA MANDALAM,
     ADHONI TALUK, KARNOOL DISTRICT,
     ANDHRAPRADESH STATE.
                                                    ...RESPONDENTS
(BY SRI.H.R.DESHPANDE, ADV. FOR R1 TO R4;
    SERVICE OF NOTICE TO R5 IS HELD SUFFICIENT)


      THIS RFA IS FILED UNDER ORDER 41 RULE 1 READ WITH SEC.
96 OF      CPC., AGAINST THE JUDGMENT         AND   DECREE DATED
30.08.2019 PASSED IN O.S.NO.234/2017 ON THE FILE OF THE I
ADDITIONAL SENIOR CIVIL JUDGE, BALLARI, DISMISSING THE SUIT
FILED FOR SPECIFIC PERFORMANCE OF CONTRACT.


      THIS    RFA,   COMING    ON     FOR    ORDERS,    THIS   DAY,
H.P. SANDESH, J., DELIVERED THE FOLLOWING:


                          JUDGMENT

Both parties and their respective counsels are

present before the Court and they filed a compromise

petition under Order XXIII Rule 3 of Code of Civil

Procedure.

2. In terms of the compromise, the respondents

have agreed to pay a sum of Rs.10,00,000/- (Rupees Ten

Lakhs only) towards repayment of amount paid towards

NC: 2023:KHC-D:13659-DB

the earnest amount under the agreement of sale deed

dated 21.11.2014 in respect of subject matter of the land.

3. The appellant has no claim in respect of the

above said land and is not having claim against the

respondents. The amount is also paid by way of demand

drafts amounting to Rs.5,00,000/- each and the said

amount is also towards full and final settlement.

4. The demand drafts are acknowledged by the

appellant.

5. The parties understood the terms of the

compromise. In view of the compromise entered into

between the parties, the compromise petition is accepted.

The appeal stands disposed of in terms of the compromise

petition.

6. Registry is directed to get the signatures of the

parties and their respective counsels, who identify the

appellant and respondents.

NC: 2023:KHC-D:13659-DB

7. In view of the compromise entered into

between the parties, registry is directed to refund the

court fee in accordance with law.

8. Registry to draw decree in terms of the

compromise petition.

Sd/-

JUDGE

Sd/-

JUDGE

SH