Karnataka High Court
Sri. K. Chandrashekar vs Smt. Anjinamma on 24 November, 2023
Author: S.R.Krishna Kumar
Bench: S.R.Krishna Kumar
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NC: 2023:KHC:42586
RFA No. 541 of 2021
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 24TH DAY OF NOVEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR
REGULAR FIRST APPEAL NO. 541 OF 2021 (SP)
BETWEEN:
SRI. K. CHANDRASHEKAR
S/O. KEMPAKALLAPPA,
AGED ABOUT 46 YEARS,
R/AT NO. 523, RAJIV GANDHI NAGAR,
JIGANI VILLAGE, JIGANI HOBLI,
ANEKAL TALUK,
BENGALURU DISTRICT-560 099.
...APPELLANT
(BY SRI. ANNAIAH C V.,ADVOCATE)
AND:
SMT. ANJINAMMA
D/O. VENKATAHANUMAIAH,
AGED ABOUT 42 YEARS,
R/AT NO. 127, 1ST CROSS,
BHAVANESHWARI NAGARA,
Digitally NAGADEVANAHALLI,
signed by JNANABHARATHI POST,
VANDANA S BENGALURU-560 059.
Location: ...RESPONDENT
HIGH
COURT OF (BY SRI. LAKSHMISHA B S.,ADVOCATE)
KARNATAKA
THIS RFA IS FILED UNDER SECTION 96 OF CPC AGAINST
THE JUDGMENT AND DECREE DATED 19.06.2020 PASSED IN
OS.No.5699/2016 ON THE FILE OF THE LX ADDITIONAL CITY CIVIL
AND SESSIONS JUDGE, BENGALURU, DISMISSING THE SUIT FOR
SPECIFIC PERFORMANCE OF CONTRACT.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
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NC: 2023:KHC:42586
RFA No. 541 of 2021
JUDGMENT
This appeal by the unsuccessful appellant - plaintiff in
O.S.No.5699/2016 is directed against the impugned judgment and
decree dated 19.06.2020 passed by the LX Addl. City Civil and
Sessions Judge, Bengaluru whereby the said suit filed by the
appellant - plaintiff against the respondent - defendant for specific
performance of an alleged Sale Agreement dated 01.07.2013 and
other reliefs was dismissed by the Trial Court.
2. Heard learned counsel for the appellant - plaintiff and
learned counsel for the respondent - defendant and perused the
material on record. Perusal of the material on record will indicate
that the appellant - plaintiff instituted the aforesaid suit for specific
performance and other reliefs against the respondent - defendant.
Despite having entered appearance through his counsel, the
respondent - defendant remained unrepresented and did not file
the written statement and did not contest the suit. The appellant
examined himself as PW.1 and two witnesses as PW.2 and PW.3
and documentary evidence at Ex.P1 to P29 were marked.
3. As stated supra, the respondent neither cross examined
the appellant and his witnesses, nor adduced any oral and
documentary evidence.
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4. The Trial Court heard the plaintiff and proceeded to pass
the impugned judgment and decree dismissing the appeal,
aggrieved by which the appellant is before this Court by way of the
present appeal.
5. During the pendency of the present appeal, the appellant
has filed an application I.A.No.2/2020 under Order 41 Rule 27 for
furnishing to produce additional evidence.
6. A perusal of the affidavit in support of the application and
the documents sought to be produced by the appellant will indicate
that the same are relevant and necessary for the purpose of
adjudication to the issues in controversy between the parties and
also for disposal of the present appeal.
7. In this context, learned counsel for the appellant submits
that the additional documents may be received on record and the
matter being remitted back to the Trial Court for reconsideration
afresh in accordance with law.
8. Per Contra, learned counsel for the respondent -
defendant submits that if this Court were to allow I.A.No.2/2020
and set aside the impugned judgment and decree and remit back
to the Trial Court for reconsideration afresh in accordance with law,
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an opportunity may be provided to the respondent - defendant to
file her written statement and contest the suit on merits.
9. In view of the aforesaid facts and circumstances and the
joint submission made by both sides, I deem it just and appropriate
to allow I.A.No.2/2020 and received the documents produced along
with the same on record. Consequent upon allowing
I.A.No.2/2020, the impugned judgment and decree would also have
to be set aside and the matter remitted back to the Trial Court for
reconsideration afresh in accordance with law.
10. In the result, I pass the following:
ORDERS
i) The appeal is hereby allowed.
ii) The impugned judgment and decree dated 19.06.2020
passed in O.S.No.5699/2016 passed by the LX Addl. City Civil and
Sessions Judge, Bengaluru, is hereby set aside.
iii) The matter is remitted back to the Trial Court for
reconsideration afresh in accordance with law.
iv) I.A.No.2/2020 is allowed. Documents produced along
with the application are received on record.
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v) Registry to transmit the I.A.No.2/2020 along with the
documents to the Trial Court for consideration in accordance with
law.
vi) Registry is also directed to transmit the Trial Court
records back to the Trial Court forthwith without any delay.
vii) Parties undertake to appear before the Court on
20.12.2023 without awaiting further notice.
viii) All rival contentions on all aspects of the matter are kept
open and no opinion is expressed on the same.
ix) Liberty is reserved in favour of the parties to adduce oral
evidence / additional evidence in support of their respective claims.
x) Liberty is also reserved in favour of the respondent -
defendant to file her written statement in the suit and the same
shall be filed by the respondent - defendant within the time to be
fixed by the Trial Court.
xi) Registry is directed to refund the entire (100%) of the
Court Fee paid on the memorandum of appeal back to the
appellant in terms of Section 64 of the Karnataka Court Fee Act.
Sd/-
JUDGE
DHA
