Karnataka High Court

Indrajit S/O. Somanagouda Patil vs Hanamantappa S/O. Ningappa Somaraddi on 8 February, 2024

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                                                              NC: 2024:KHC-D:2863-DB
                                                          RFA No. 100397 of 2020




                           IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
                               DATED THIS THE 8TH DAY OF FEBRUARY 2024
                                               PRESENT
                               THE HON'BLE MR JUSTICE ASHOK S. KINAGI
                                                 AND
                                 THE HON'BLE MR JUSTICE RAJESH RAI K
                             REGULAR FIRST APPEAL NO. 100397 OF 2020 (SP)


                      BETWEEN:

                      INDRAJIT
                      S/O. SOMANAGOUDA PATIL
                      AGE: 43 YEARS, OCC: BUSINESS,
                      R/O: H.NO.21, SHERYA PARK RAVI NAGAR,
                      HUBBALLI, DIST: DHARWAD.
                                                                     ...APPELLANT
                      (BY SRI. ANILKUMAR H.BADARPUR AND SMT. SNEHA KATTI, ADVS)


                      AND:

                      1.     HANAMANTAPPA
                             S/O. NINGAPPA SOMARADDI
                             SINCE DEAD. BY LRs.,
MOHANKUMAR
B SHELAR              1(A). SHRI. SOMAPPA
Digitally signed by
MOHANKUMAR B
SHELAR
                            S/O. HANAMANTAPPA SOMARADDI,
Date: 2024.02.15
13:03:56 +0530              AGE: 47 YEARS, OCC: AGRICULTURE,
                            R/O: HALYAL, TQ: HUBBALLI,
                            DIST: DHARWAD.

                      1(B). SMT. RENUKA
                             W/O. SHEKHARGOUDA
                            HANAMANTGOUDRA,
                            AGE: 45 YEARS, OCC: HOUSEHOLD WORK,
                            R/O NEAR MARUTI TEMPLE,
                            R/O: HALYAL, TQ : HUBBALLI,
                            DIST: DHARWAD.
                      2.     SMT. DRAKSHAYANI
                             W/O. HANAMANTAPPA SOMARADDI,
                             AGE: 62 YEARS, OCC: HOUSEHOLD WORK,
                                  -2-
                                               NC: 2024:KHC-D:2863-DB
                                             RFA No. 100397 of 2020




     R/O: HALYAL, TQ: HUBBALLI,
     DIST: DHARWAD.
                                             ...RESPONDENTS
(BY SRI.KUSHAL V.BOLMAL, ADVOCATE FOR R1(A), R1(B) AND R2)

     THIS RFA IS FILED UNDER SEC.96 READ WITH ORDER XLI
RULE 1 OF CPC., 1908, AGAINST THE JUDGMENT AND DECREE
DATED 09.12.2019 PASSED IN O.S.NO.217/2017 ON THE FILE OF
THE PRINCIPAL SENIOR CIVIL JUDGE, HUBBALLI, PARTLY
DECREEING THE SUIT FILED FOR SPECIFIC PERFORMANCE OF
CONTRACT.

    THIS APPEAL COMING ON FOR ORDERS, THIS DAY, ASHOK S.
KINAGI, J., MADE THE FOLLOWING:


                               ORDER

The appellant, the legal representatives of deceased

respondent No.1, who are respondent Nos.1(a) and (b)

and respondent No.2 are present before the Court and

they are identified by their respective counsels. Both the

parties have jointly filed a compromise petition which

reads as under:

" COMPROMISE PETITION UNDER ORDER XXIII RULE 3 OF CPC, 1908

Herein the above named Appellant and Respondents jointly submit this compromise petition as under;

1. That, the above appeal is filed challenging the Judgment and decree passed in O.S.No.217/2017 of Hon'ble Prl. Senior Civil Judge and JMFC, Hubballi dated 9/12/2019.

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2. That, suit was filled by the Respondent seeking relief of Specific performance of contract of agreement of sale executed by the Appellant in favour of the Respondent No.1 and 2 dated 04/04/2016 in respect of plot No. 8 measuring 01 gunta 01 ana in R.S. No. 594B/12/8 and Plot No. 9 measuring 01 gunta 15 annas in R.S. No. 594B/12/9 before the Sub-Registrar, Hubballi (North) and the said suit came to be partly decreed by the Hon'ble trial Court on 09/12/2019. Being aggrieved by the same appellant has preferred this appeal.

3. That, during the pendency of the appeal the parties to the above appeal have mutually get settled their dispute in respect of the above said suit properties in the presence of the elders and thereby amicable settled all their disputes in respect of suit properties. Further the appellant and respondents are jointly intended to put to an end to the litigation by way of filing this compromise petition.

4. The terms of the compromise are as under;

5. That, the appellant and respondents have mutually agreed that, the respondents are entitle to withdraw the amount to the tune of Rs.12,00,000/-(twelve lakhs rupees) deposited through D.D. bearing 580211255 dated 08/02/2022 by the appellant before the trial Court in Execution proceeding bearing Ex.P.No. 11/2020 as per the interim order granted by this Hon'ble Court on 23/12/2021.

6. Further the appellant is hereby agreed to give the amount to the tune of Rs.13,00,000/- (Thirteen lakhs rupees) by way of cash to the respondents before this

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Hon'ble Court today. By accepting the same i.e., Rs.13,00,000/- (Thirteen lakhs rupees) cash and D.D. amount to the tune of Rs. 12,00,000/- (Twelve lakhs rupees), total amount of Rs.25,00,000/- (Twenty Five lakhs rupees), the respondents and any person acting on their behalf are hereby agreed to cancel the agreement of sale deed executed by the appellant in favour of deceased respondent No.1 and respondent No.2 dated 04/04/2016.

7. That, the appellant and respondents have mutually agreed to declare that, the agreement of sale executed by the appellant in favour of the deceased respondent No.1 and respondent No.2 dated 04/04/2016 in respect of suit properties i.e., plot No. 8 measuring 01 gunt 01 ana in R.S. No. 594B/12/8 and Plot No. 9 measuring 01 gunta 15 annas in R.S. No. 594B/12/9 of Unkal village, Tq. Hubballi, Dist. Dharwad registered before the Sub-Registrar, Hubballi (North) on 04/04/2016 is hereby cancelled by way of this compromise petition. Thereby the appellant become the absolute owner of the above said suit properties. The appellant is at full liberty to enjoy the suit properties as per his wishes.

8. That, the respondents further agrees that, they will not obstruct in any manner to remove the encumbrances shown in respect of suit properties by cancelling the agreement of sale deed dated 04/04/2016 executed by the appellant in favour of respondents No.1 and respondent No.2.

9. That, the appellant and respondents are mutually agreed that, by way of this compromise petition that, the

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respondents will not either initiate or proceed with any of the cases in respect of the above said agreement of sale in any Court of law. Likewise the appellant will also not initiate any proceedings in respect of the above suit properties against the respondents.

10. The appellant and respondents are mutually agreed that, the appellant is in the possession of the suit properties and the respondents will not interrupt or cause obstructions to the peaceful possession and enjoyment of the suit properties by the appellant.

11. The appellant and respondent are mutually submit that, they both are fully satisfied with above conditions and the amount received out of this compromise petition. The respondents undertakes and declares that, there are no any legal heirs to the deceased respondent No.1 apart from Respondent No.1(a) and 1(b). The respondents undertakes that, either themselves or legal heirs of the respondents will not initiate the any proceedings challenging the agreement of sale executed by the appellant in favour of deceased respondent No.1 and 2.

12. That, the contents above compromise petition are read over to the appellant and respondents jointly and the same are explained to them in their known language i.e., Kannada. Without there being any force and pressure to the either of the parties to the above appeal, they are entering into the above compromise with their own will and wish.

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13. The direction be issued to SUB REGISTRA. HUBBALI (NORTH) to cancel the Registration of Agreement to sale bearing No.98/16-17.

Therefore by way of this compromise petition the appellant and respondents graciously prays that, the Hon'ble Court be please to declare that, the agreement of the sale deed executed by the appellant in favour of the respondent No.1 and respondent No.2 dated 04/04/2016 in respect of suit properties i.e., plot No. 8 measuring 01 gunt 01 ana in R.S. No. 594B/12/8 and Plot No. 9 measuring 01 gunta 15 annas in R.S. No. 594B/12/9 of Unkal village, Tq. Hubballi, Dist. Dharwad registered before the Sub- Registrar, Hubballi (North) on 04/04/2016 is hereby cancelled and further the Hon'ble Court be please to dispose the above matter as per the terms and conditions of the compromise petition by accepting the same, in the above case to meet the ends of justice."

2. The terms of the compromise petition was read

over to them and explained to them. They have accepted

the terms of the compromise petition.

3. The compromise petition is placed on record.

4. The appeal is disposed of in terms of the

compromise petition.

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5. Office is directed to refund the Court-fee as per

the judgment passed by the Hon'ble Apex Court in the

case of The High Court of Judicature at Madras rep. by its

Registrar General v. M.C. Subramaniam & Ors. in Special

Leave Petition (CIVIL) Nos.3063-3064/2021 disposed of on