Sri U K Boregowda vs Sri H K Sunil
2023 Latest Caselaw 7114 Kant

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                                                            NC: 2023:KHC:36474
                                                       RSA No. 1507 of 2017




                      IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                           DATED THIS THE 9TH DAY OF OCTOBER, 2023

                                           BEFORE
                             THE HON'BLE MR JUSTICE H.P.SANDESH
                          REGULAR SECOND APPEAL NO. 1507 OF 2017 (SP)
                   BETWEEN:

                      SRI U K BOREGOWDA
                      SON OF KUNNEGOWDA
                      AGED ABOUT 38 YEARS
                      REP. BY HIS SPA HOLDER
                      KUNNEGOWDA
                      SON OF NINEGOWDA
                      AGED ABOUT 68 YEARS
                      RESIDING AT UJJANI VILLAGE
                      HULIYURDURGA HOBLI, KUNIGAL TALUK
                      TUMKUR DISTRICT - 572 130
                                                                 ...APPELLANT
                   (BY SRI. P M SIDDAMALLAPPA, ADVOCATE)

                   AND:

Digitally signed      SRI. H. K SUNIL
by SHARANYA T         SON OF LATE H. A. KALASETTAPPA
Location: HIGH        AGED ABOUT 43 YEARS
COURT OF
KARNATAKA             RESIDING AT HULIYURDURGA
                      KUNIGAL TALUK
                      TUMKUR DISTRICT - 572 130
                                                               ...RESPONDENT
                   (BY SRI. PRASHANTH CHANDRA S N., ADV.)

                        THIS RSA IS FILED U/S. 100 OF CPC, AGAINST THE
                   JUDGMENT AND DECREE DATED 06.06.17 PASSED IN
                   O.S NO.21/2015 ON THE FILE OF THE SENIOR CIVIL JUDGE
                   J.M.F.C., KUNIGAL,    DISMISSING   THE    APPEAL    AND
                   CONFIRMING THE JUDGMENT AND DECREE DATED 29.04.15
                   PASSED IN O.S. NO.171/2009 ON THE FILE OF THE PRL. CIVIL
                   JUDGE J.M.F.C., KUNIGAL.
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                                            NC: 2023:KHC:36474
                                         RSA No. 1507 of 2017




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

                         JUDGMENT

The parties are present before the Court along with

their respective counsels and filed the Compromise Petition

under Order XXIII Rule 3 of the Code of Civil Procedure.

2. The Trial Court granted the relief in part directing

the refund of the earnest money, and accordingly, an

amount of Rs.8,34,400/- was deposited before the trial

Court. Now, in view of the settlement arrived at between the

parties, the respondent has paid the additional amount of

Rs.3,00,000/- in favour of the appellant before this Court by

way of cheque and the same is acknowledged by the

appellant apart from the amount that has been deposited,

Rs.8,34,400/-. The parties understood the terms of

compromise of the settlement and already the amount is

deposited before the trial Court as well as the payment have

been made as per the compromise. Hence, compromise is

accepted.

NC: 2023:KHC:36474 RSA No. 1507 of 2017

3. In terms of the compromise entered into between

the parties, the appellant is permitted to withdraw the

amount which is in deposit to the tune of Rs.8,34,400/- and

the respondent is not having any objection to pay the

amount in favour of the appellant/ plaintiff and there is no

other claim against each other.

4. In view of the settlement arrived at between the

parties, the appeal is disposed of.

It is directed to take signatures of respective parties

and also the counsel on record.

Registry is directed to refund the Court fee in

accordance with law, in view of the settlement.

Sd/-

JUDGE

KG