Karnataka High Court
Sri B S Krishnamurthy vs Sri Devidas Gaonkar on 15 February, 2024
Author: Krishna S Dixit
Bench: Krishna S Dixit
-1-
NC: 2024:KHC:6418-DB
RFA No. 1394 of 2017
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 15TH DAY OF FEBRUARY, 2024
PRESENT
THE HON'BLE MR JUSTICE KRISHNA S DIXIT
AND
THE HON'BLE MR JUSTICE G BASAVARAJA
REGULAR FIRST APPEAL NO. 1394 OF 2017 (SP)
BETWEEN:
1. SRI. B.S. KRISHNAMURTHY,
S/O LATE B SURYANARAYANA SETTY,
AGED ABOUT 49 YEARS,
2. SMT. B.K. ROOPA,
W/O SRI. B.S. KRISHNAMURTHY,
AGED ABOUT 47 YEARS,
BOTH (1) AND (2) ARE R/AT # 27,
17TH CROSS, IST MAIN,
B.K.NAGAR, YESHWANTHPUR,
BENGALURU - 560 022
...APPELLANTS
Digitally signed (BY SRI. NATARAJ H T., ADVOCATE)
by SHARADA
VANI B AND:
Location: HIGH
COURT OF SRI. DEVIDASGAONKAR
KARNATAKA S/O SRI. SAIROBA GAONKAR,
AGED ABOUT 50 YEARS,
R/AT # 57, HMT LAYOUT, 8TH A MAIN,
R.T.NAGAR, BENGALURU - 560 032
...RESPONDENT
(BY SRI. MAHAMMADVASEEM S MULLA., ADVOCATE)
THIS RFA IS FILED UNDER SEC.96(1) OF CPC., AGAINST
THE JUDGMENT AND DECREE DATED:10.4.2017 PASSED IN
-2-
NC: 2024:KHC:6418-DB
RFA No. 1394 of 2017
O.S NO.2234/2009 ON THE FILE OF THE XI ADDL. CITY CIVIL
JUDGE, BANGALORE CITY, DISMISSING THE SUIT FOR
SPECIFIC PERFORMANCE & ETC.,
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY,
KRISHNA S. DIXIT. J., DELIVERED THE FOLLOWING:
JUDGMENT
During the pendency of the appeal, parties having
negotiated a settlement, have moved this Joint Memo
dated 6.2.2024. The same reads as under:
"1) It is submitted that, the above appeal is filed by
the appellants being aggrieved by the judgement
and decree passed in O.S.No.2234/2009, dated
10-04-2017, passed by the XIthAddl. City Civil Judge
at Bengaluru (CCH-8) and which suit was filed for
specific performance of the contract, wherein, the
appellants suffered an judgement of dismissal.
2) It is further submitted that, the appellants and
the respondent have amicably settled their dispute
outside the Court, and having regard to the same,
the appeal may kindly be disposed off as settled out
of Court. Entire Court fee paid by the appellants
may kindly ordered to be refunded in favour of the
1st appellant.
WHEREFORE, the above appeal may kindly be
disposed as settled out of Court in the interest of
justice and equity".
Sd/- Sd/-
NC: 2024:KHC:6418-DB
Advocate for Appellants Appellants
Sd/- Sd/-
Advocate for Respondent Respondent
Place: Bengaluru
Date: 06-02-2024"
2. A perusal of the said Joint Memo generates
confidence in the mind of court as to the settlement being
bonafide and that there is no legal or factual impediment
for disposing off the appeal in question in terms thereof.
3. Learned Advocates identify their parties present
before the court. We have interacted with the parties and
their counsel. We are satisfied that the settlement is
brought about bonafide and that the cause of justice would
be served better by recording the settlement in terms of
compromise and thereby disposing off the appeal
accordingly setting at naught the impugned judgment &
decree.
Ordered accordingly and the appeal is disposed off.
Registry to draw decree in terms of settlement.
NC: 2024:KHC:6418-DB
Registry is also directed to refund the entire Court
Fee to the first appellant, in accordance with law.
Sd/-
JUDGE
Sd/-
JUDGE
CBC
list no.: 1 sl no.: 39
