Karnataka High Court
Gadigi Eranna S/O. Late Gadigi ... vs Haji Abdul Sab on 15 February, 2024
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NC: 2024:KHC-D:3678
RSA No. 5765 of 2013
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 15TH DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE R.NATARAJ
REGULAR SECOND APPEAL NO.5765/2013
BETWEEN:
1. GADIGI ERANNA
S/O. LATE GADIGI KENCHAPPA,
AGE: 53 YEARS, OCC: AGRICULTURE,
R/O: NEAR RAMDEV TEMPLE,
HUVINA HADAGALI, DIST: BALLARI.
SINCE DECEASED BY HIS LRS.
1A. SMT. GADAGI LAXMAVVA
W/O. GADAGI ERANNA,
AGE: 58 YEARS, OCC: HOUSEWIFE,
R/O: NEAR RAMDEV TEMPLE,
HUVINA HADAGALI - 583 219,
DIST: BELLARI.
1B. SMT. MALLAMMA W/O. SHIVANANDA,
AGE: 38 YEARS, OCC: HOUSEWIFE,
R/O: 150A MILATARY GROUND TEMPLE,
Digitally
RAMANAGAR, HAGARI,
signed by BOMMANAHALLI - 583 212, DIST: BELLARI.
VINAYAKA
BV
1C. GADAGI PRADEEP S/O. GADAGI ERANNA,
AGE: 36 YEARS, OCC: BUSINESS,
R/O: NEAR RAMADEV TEMPLE,
HUVINA HADAGALI - 583 219, BELLARI.
1D. SMT. KODIHALLI SHARADA W/O. THIPPESHA,
AGE: 34 YEARS, OCC: HOUSEWIFE,
R/O: NEAR RAMADEV TEMPLE,
HUVINA HADAGALI- 583 219, BELLARI.
1E. SMT. MANJULA S. W/O. S.NINGAPPA,
AGE: 32 YEARS, OCC: HOUSEWIFE,
R/O: KATTEBENNUR, BELLARI - 583 219.
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NC: 2024:KHC-D:3678
RSA No. 5765 of 2013
1F. GADAGI PRAKASH S/O. GADAGI ERANNA,
AGE: 30 YEARS, OCC: AGRICULTURE,
R/O: NEAR RAMADEV TEMPLE,
HUVINA HADAGALI - 583 219,
BELLARI.
...APPELLANTS
[BY SRI K. L. PATIL, ADVOCATE FOR A1(A), 1(C) & 1(F);
SRI KUSHAL N. KAMBLE, ADVOCATE FOR 1(B), (D) AND 1(E)]
AND:
1. HAJI ABDUL SAB
SINCE DECEASED BY HIS LRS
1A. ZAHEED BEGAUM
W/O. LATE HAJI ABDUL SAB,
AGE: 52 YEARS, OCC: HOUSEWIFE,
R/O: HUVINA HADAGALI,
BELLARI DISTRICT.
1B. MOHAMMOD SALEEM
S/O. LATE HAJI ABDUL SAB,
AGE: 32 YEARS, OCC: BUSINESS,
R/O: HUVINA HADAGALI,
BELLARI DISTRICT.
1C. DR. G. UMAR W/O. LATE HAJI ABDUL SAB,
AGE: 27 YEARS, OCC: GOVT. SERVICE,
R/O: HUVINA HADAGALI,
BELLARI DISTRICT.
...RESPONDENTS
[BY SRI SANGRAM S. KULKARNI, ADV. FOR R1 (A TO C)]
THIS RSA IS FILED UNDER ORDER 23 RULE 3 OF C.P.C.,
AGAINST THE JUDGMENT AND DECREE DATED 03.10.2012 PASSED
IN R.A.NO.82/2011 ON THE FILE OF THE FAST TRACK COURT - III
AT HOSPET, ALLOWING THE APPEAL, FILED AGAINST THE
JUDGMENT AND DECREE DATED 15.07.2011 PASSED IN
O.S.NO.200/2006 ON THE FILE OF THE PRINCIPLE SENIOR CIVIL
JUDGE AND JMFC., HOSPET, DISMISSING THE SUIT FILED FOR
SPECIFIC PERFORMANCE OF CONTRACT.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
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RSA No. 5765 of 2013
JUDGMENT
The legal representatives of the deceased defendant
in O.S.No.200/2006 on the file of the Principal Senior Civil
Judge & JMFC., Hospet have filed this regular second
appeal challenging the judgment and decree dated
03.10.2012 passed by the First Appellate Court (Addl.
Sessions Judge & Presiding Officer, Fast Track Court - III,
Hospet) in R.A.No.82/2011 by which, the defendant was
directed to execute a deed of sale as per the terms of the
sale agreement after receipt of the balance consideration
of Rs.1,25,000/-.
2. The suit in O.S.No.200/2006 was filed for
specific performance of an agreement of sale dated
24.11.2005. The said suit after contest was allowed in part
and the defendant was directed to refund a sum of
Rs.1,86,000/- along with interest at the rate of 12% per
annum.
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3. Being aggrieved by the said judgment and
decree, the plaintiff filed R.A.No.82/2011 before the First
Appellate Court.
4. The First Appellate Court after hearing the
parties, allowed the appeal and decreed the suit and
directed the defendant to execute a deed of absolute sale
after receiving the balance sale consideration at
Rs.1,25,000/-.
5. Being aggrieved by the said judgment, this
regular second appeal is filed.
6. When this appeal was listed for admission, the
parties have filed a compromise petition and the terms of
which reads as follows:
"1] The appellants who are the legal heirs of
deceased defendants Shri. Gadigi Earanna S/o. Late
Gadigi Kenchappa admit the execution of the agreement
of sale dated 24/11/2005, also the receipt of the advance
sale consideration of Rs. 1,86,000/- as mentioned in the
agreement of sale.
2] The respondents/plaintiff have deposited the
balance consideration of Rs. 1,25,000/- before the trial
court.
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3] The respondents have agreed to receive the front
portion of the suit property shown by letter ABCD
towards their claim which is 50% i.e 47.5 cents of the
total suit property bearing Sy. No.73/A totally measuring
95 cents situated at Huvina Hadagali, Dist. Bellary. The
respondents shall leave a approach road with 15 ft width
on the Northern side shown by letter XYCD.
4] The appellants shall execute a registered sale deed
relating to ABCD property in favour of respondents within
15 days from the date of passing of this decree.
5] The appellants shall retain the remaining 50%
portion i.e 47.5 cents of the suit property which shall be
jointly owned by them. The areas retained is shown by
letters ACEF.
6] The appellants shall deliver the actual physical
possession of the property shown by letters ABCD to the
respondents free from any claims, objections ог
encumbrances on the date of execution of registered
Sale Deed.
7] The appellants shall be entitled to withdraw the
amount of Rs.1,25,000/- deposited before the trial
court.
8] The respondents shall bear the stamp duty and
registration costs.
9] The parties have entered into this compromise out
of their free will voluntarily.
10] A handsketch showing the portion agreed to be
sold and agreed to be retained is annexed with this
petition, the same may kindly be treated as part of this
petition.
11] The parties to bear their costs respectively.
12] A modified decree may kindly be passed in the
interest of Justice and Equity.
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The contents of the above compromise petition
are read over and explained to the parties in
vernacular language and they admit the
same."
7. Along with the compromise petition a rough
hand sketch is enclosed which shows the extent of the suit
property which would be conveyed by the legal
representatives of the defendant in favour of the legal
representatives of the plaintiffs and the extent of the
property which would be retained by the legal
representatives of the defendant.
8. The parties admit and acknowledge the terms
of the compromise.
9. The appellants No.1A, 1B, 1C, 1D and 1E are
present and are identified by their respective advocates.
10. Respondents No.1B and 1C are also present but
respondent No.1A is not present and it is stated by the
learned counsel for the respondent No.1A that there is
death in her family and therefore, she is not able to
represent. However, he submits that the respondent
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No.1A shall appear before the Court on the next date of
hearing for admitting the terms of the compromise.
11. As part of the settlement, the plaintiffs have
agreed to accept a lesser extent of the suit property as
found in the rough hand sketch and have agreed to obtain
a sale deed from the legal heirs of the deceased defendant
at their cost. Likewise the legal heirs of the deceased
defendant have agreed to retain the hind portion of the
suit property as mentioned in the sketch.
12. Since the compromise is just and legal and is
not opposed to any law, the same is accepted.
13. In that view of the matter, this appeal is
allowed and is disposed off in terms of the compromise.
Consequently, the judgment of the First Appellate Court
stands modified in terms of the compromise.
14. The parties have affixed their signatures to the
order sheet of this Court in token of their acceptance of
the terms of the compromise.
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15. List on 20.02.2024 for appearance of the
respondent No.1A for admitting the compromise.
SD/-
JUDGE
RH
CT-ASC
