Karnataka High Court
The Mahaveer Co-Operative Bank Ltd vs Shri. Devidas S/O Yallappa Patil on 8 February, 2024
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NC: 2024:KHC-D:2867-DB
RFA No. 100510 of 2019
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. 100510 OF 2019 (SP)
BETWEEN:
THE MAHAVEER CO.OPERATIVE BANK LTD.,
BELAGAUM, REP. BY ITS CHAIRMAN,
SHRI. BALASAHEB S/O. BHARMAGOUDA PATIL,
AGE: 87 YEARS, OCC: BUSINESS,
R/O: HINDAWADI, BELAGAVI-590011.
...APPELLANT
(BY SRI.ARAVIND D.KULKARNI, ADVOCATE)
AND:
SHRI. DEVIDAS S/O. YALLAPPA PATIL
AGE: MAJOR, OCC: BUSINESS,
R/O: JYOTIRLING PLAZA,
CTS NO.5924/B, CONGRESS ROAD,
MOHANKUMAR
B SHELAR TILAKWADI, BELAGAVI-590006.
Digitally signed by
MOHANKUMAR B
...RESPONDENT
SHELAR
Date: 2024.02.15
13:04:07 +0530
(BY SRI.M.L.VANTI, ADVOCATE FOR
SMT.VIJAYA R.KITTUR, ADVOCATE)
THIS RFA IS FILED UNDER SEC.96 R/W XLI RULE 1 OF
CPC., AGAINST THE JUDGMENT AND DECREE DATED 26.09.2019
PASSED IN O.S.NO.108/2014 ON THE FILE OF THE I ADDITIONAL
SENIOR CIVIL JUDGE AND CHIEF JUDICIAL MAGISTRATE,
BELAGAVI, DECREEING THE SUIT FILED FOR SPECIFIC
PERFORMANCE OF CONTRACT.
THIS RFA COMING ON FOR FINAL HEARING, THIS DAY,
ASHOK S. KINAGI, J., DELIVERED THE FOLLOWING:
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NC: 2024:KHC-D:2867-DB
RFA No. 100510 of 2019
JUDGMENT
Smt.Vinoda Shrikant Gunde, Chief Executive Officer of the
appellant-bank and respondent are present before the court.
2. They are identified by their respective counsel.
Parties have jointly filed a joint memo stating that the appellant
and respondent agreed for additional amount Rs.8,00,000/- in
addition to the sale consideration amount mentioned in
agreement i.e.,Ex.P1. Appellant had deposited the entire
decretal amount as per the judgment passed by the trial court
under protest and the said amount was deposited in a
nationalized bank. The appellant and respondent have agreed
that the respondent herein is entitled for withdrawal of
Rs.8,00,000/- along with interest, in view of the deposit made
in the bank. The respondent has also agreed that he will
conclude the remaining work as agreed and hand over the
possession within the four months.
3. The respondent has no objection for withdrawal of
remaining amount with interest and prayed to dispose of the
appeal in terms of joint memo.
4. Memo is placed on record.
NC: 2024:KHC-D:2867-DB
5. Appeal is disposed of in terms of joint memo.
6. In view of settlement between the parties, the
appellant is entitled for refund of court fee as per the judgment
of the Hon'ble Apex Court in the case of the High Court of
Judicature at Madras Rep.by its Registrar General Vs
M.C.Subramaniam & Others reported in (2021) 3 SCC 560.
7. The court is directed to release the amount of
Rs.8,00,000/- in favor of defendant with accrued interest at the
rate of 8% from the date of filing a suit till the amount is
deposited before the trial court and remaining amount be
released in favor of plaintiff with accrued interest on proper
identification.
Sd/-
JUDGE
Sd/-
JUDGE
MBS
