Karnataka High Court
Sri Kariyanna @ M Kariyappa vs Sri Bettaswamygowda on 10 April, 2024
Author: S.G.Pandit
Bench: S.G.Pandit
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NC: 2024:KHC:14610-DB
RFA No. 1948 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 10TH DAY OF APRIL, 2024
PRESENT
THE HON'BLE MR JUSTICE S.G.PANDIT
AND
THE HON'BLE MR JUSTICE C.M. POONACHA
REGULAR FIRST APPEAL NO. 1948 OF 2022 (SP)
BETWEEN:
SRI. KARIYANNA @ M.KARIYAPPA,
S/O LATE MUDDAIAH,
AGED ABOUT 64 YEARS,
R/AT NO.7, 7TH CROSS,
19TH MAIN ROAD,
MUNESWARA BLOCK,
AVALAHALLI, MYSORE ROAD,
BENGALURU - 560 026.
...APPELLANT
(BY SRI. ASHOK KUMAR M C.,ADVOCATE)
AND:
Digitally signed
by BHARATHI
S
Location: HIGH
COURT OF
SRI. BETTASWAMYGOWDA,
KARNATAKA S/O LATE D.CHIKKANNA,
AGED ABOUT 63 YEARS,
THOTADA MANE, CHIKKALLUR CROSS,
RAMOHALLI POST,
TAVAREKERE HOBLI,
BENGALURU SOUTH TALUK - 560 074.
...RESPONDENT
(BY SRI. PRADEEP J.S., ADVOCATE FOR
SRI.SUBBA SHASTRY N., ADVOCATE)
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NC: 2024:KHC:14610-DB
RFA No. 1948 of 2022
THIS RFA IS FILED UNDER SECTION 96 OF CPC.,
AGAINST THE JUDGMENT AND DECREE DATED 01.10.2022
PASSED IN OS No.2402/2007 ON THE FILE OF THE VII
ADDITIONAL SENIOR CIVIL JUDGE, BENGALURU RURAL
DISTRICT, BENGALURU, DECREEING THE SUIT FOR SPECIFIC
PERFORMANCE OF AGREEMENT.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY,
S.G.PANDIT J., DELIVERED THE FOLLOWING:
JUDGMENT
This appeal is against the judgment and decree dated
01.10.2022 in OS.No.2402/2007 passed by VII Additional
Senior Civil Judge, Bengaluru Rural District, Bengaluru,
whereby the suit of the plaintiff for specific performance was
decreed directing the defendant to execute registered Sale
Deed in favour of plaintiff by receiving balance sale
consideration.
2. Appellant and respondent are present before the Court
and they are identified by their respective counsels.
3. It is submitted that the parties have arrived at
amicable settlement and accordingly have filed compromise
petition under Order XXIII Rule 3 of Code of Civil Procedure.
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The relevant portion of compromise petition i.e. paragraphs 6,
7 and 8 reads as follows:
"6. The respondent owing to his age and further
in order to avoid protracted litigation and also to
take up construction of house in a peaceful manner
has hereby agreed to relinquish the rights vested in
him under the agreement dated 31.10.2006. The
respondent in lieu of the same has demanded a
sum of Rs.90,00,000/- (Ninety lakhs only) as
compensation, which he intends to utilize for the
construction of a house at his property bearing
#253, NGEF layout, Mallathahalli, Nagarabhavi 2nd
stage, Bengaluru. The appellant has agreed to
demand of the respondent and accordingly paid a
sum of Rs.90,00,000/- (Ninety lakhs only) through
his children Shri. Anand and Shri. Santosh to the
account of respondent bearing A/c No.
54002289328, State Bank of India, Peddarapalya,
Nagarbhavi as herein under. The respondent has
acknowledged the receipt of Rs.90,00,000/- (Ninety
lakhs only).
a) A sum of Rs.13,00,000/- (Thirteen lakhs
only) by way of account transfer bearing UTR
No. HDFCR52023022285 dated 22.03.2023.
b) A sum of Rs.12,00,000/- (Twelve lakhs
only) by way of account transfer bearing UTR
No. ICMS230223000AQO dated 23.02.2023.
c) A sum of Rs.11,00,000/- (Eleven lakhs
only) by way of account transfer bearing UTR
No. HDFCR52023082882 dated 28.08.2023.
d) A sum of Rs.10,00,000/- (Ten lakhs only)
by way of account transfer bearing UTR No.
IBKLR62023082016 dated 28.08.2023.
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e) A sum of Rs.19,00,000/- (Ninteen lakhs
only) by way of account transfer bearing UTR
No. HDFCR52023083184 dated 31.08.2023.
f) A sum of Rs.10,00,000/- (Ten lakhs only)
by way of account transfer bearing UTR No.
HDFCR52023080878 dated 08.08.2023.
g) A sum of Rs.15,00,000/- (Fifteen lakhs
only) by way of account transfer bearing UTR
No. HDFCR52023080577 dated 05.08.2023.
7. It is submitted that in furtherance of the
compromise, the appellant and respondent have
mutually rescinded the agreement dated
31.10.2006. It is agreed between the parties that
the respondent shall not have any subsisting right
over the plaint schedule property. It is further
agreed between the parties that, in view of the
settlement arrived between them, the agreement is
rescinded and the appellant is not under the
obligation to execute a registered sale deed in
favour of the respondent herein as per the
judgment and decree in OS.No.2402/2007.
8. It is submitted that the respondent has
deposited a sum of Rs.35,00,000/- (Thirty Five
lakhs only) before the Trial Court in
OS.No.2402/2007 on the file of VII Additional
Senior Civil Judge, Bengaluru Rural District,
Bengaluru. It is agreed between the parties, that
the respondent is at liberty to seek refund to the
amount so deposited with accrued interest if any, It
is agreed between the parties that the appellant is
not entitled to the said amount."
4. In terms of compromise, the respondent/plaintiff has
received Rs.90,00,000/- and it is agreed between the parties
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that the respondent shall not have any subsisting right over the
plaint schedule property.
5. The respondent/plaintiff subsequent to judgment and
decree under appeal deposited a sum of Rs.35,00,000/- before
the trial Court and he would be at liberty to withdraw the said
deposited amount.
6. In terms of the above compromise petition, the appeal
stands disposed of.
7. Registry is directed to draw modified decree in
accordance with the compromise petition and to refund the
admissible Court fee to the appellant on proper identification.
Sd/-
JUDGE
Sd/-
JUDGE
MKM
