Karnataka High Court
Mr Shunnu Sab @ Sunnu Sab vs Sri B H Gowdru on 20 February, 2024
Author: Krishna S Dixit
Bench: Krishna S Dixit
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RFA No. 1959 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 20TH 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. 1959 OF 2023 (SP)
BETWEEN:
MR. SHUNNU SAB @ SUNNU SAB
S/O PYARUSAB,
AGED ABOUT 49 YEARS,
OCC:BUSINESS,
R/O: SUPER TYRES, SANTHE MAIDANA,
4TH BLOCK, CHITRADURGA-577 501.
...APPELLANT
(BY SRI. VENUGOPAL M S.,ADVOCATE)
AND:
Digitally
signed by SRI. B.H. GOWDRU,
CHETAN B C S/O C.K. BHEEMANNA,
Location: AGED ABOUT 54 YEARS,
HIGH COURT OCC: BUSINESS,
OF R/O SUKHA SAGAR SWEET HOUSE,
KARNATAKA NEAR BESCHOM OFFICE, HOLALKERE ROAD,
CHITRADURGA-577 501.
...RESPONDENT
(BY SRI. MURALI B S.,ADVOCATE)
THIS RFA IS FILED UNDER SECTION 96 OF CPC, PRAYING
TO CALL FOR RECORDS AND SET ASIDE THE JUDGMENT AND
DECREE IN OS.NO.105/2017 DATED 30.06.2023 PASSED BY
THE PRINCIPAL SENIOR CIVIL JUDGE AT CHITRADURGA AND
DISMISS THE SUIT FILED BY THE RESPONDENT BY ALLOWING
THIS APPEAL IN THE INTEREST OF JUSTICE AND EQUITY.
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RFA No. 1959 of 2023
THIS RFA COMING ON FOR FINAL HEARING, THIS DAY,
KRISHNA S. DIXIT.J., DELIVERED THE FOLLOWING:
JUDGEMENT
This appeal by the defendant seeks to lay a challenge
to the judgment & decree dated 30.6.2023 entered in
respondents' civil suit in O.S.No.105/2007 whereby Court
below directed Specific Performance of the Agreement to
Sell comprising the property concerned. After service of
notice, the respondent has entered appearance through
his counsel.
2. At the time of admission, a Coordinate Bench of
this court vide order dated 12.10.2023 passed in
appellant's application in I.A.No.1/2023 had said as under:
"Heard. Admit.Issue notice to the respondent.
Call for records. Paper books to be filed in eight
weeks.
Ad interim stay as prayed for in the application
subject to appellant depositing a sum of Rs.50 Lakhs
before this Court. The deposit of Rs.25 Lakhs shall
be made within three weeks and the balance
amount within outer limit of six weeks.
Upon deposit, Registrar General of this Court
shall keep the said amount in a fixed deposit in any
Nationalized Bank for a minimum period of one year
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with automatic renewal clause and the same shall
not be released without leave of this Court."
Learned counsel for the appellant submits and the learned
counsel appearing for the respondent does not dispute
that in terms of the above order, the appellant has already
deposited with the Registry here a sum of Rs.50,00,000/-
(Rupees Fifty Lakh) only, in aggregate.
3. Now both the sides have presented the petition
under Order XXIII Rule 3 read with Section 151 of CPC,
1908, seeking leave of the court to compromise the lis.
The relevant terms of compromise are enlisted under para
5 at page 3 and they read as under:
"This Honble court by an order dated
12.10.2023 has admitted this appeal and
granted an interim order of stay of the
Judgment and Decree passed by the Trial Court
subject the Appellant depositing a sum of
Rs.50,00,000/- (Rupees Fifty Lakh Only) before
this Honble court. In compliance of the interim
order the Appellant has deposited a sum of
Rs.50,00,000/- (Rupees Fifty Lakh Only) before
this Honble court as under;
i) A sum of Rs.5,00,000/- (Rupees Five
Lakh Only) by way of demand draft bearing
No.006528 dated 21.10.2023 drawn on IDBI
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Bank in the name of Registrar General High
Court of Karnataka, Bengaluru.
ii) A sum of Rs.5,00,000/- (Rupees Five
Lakh Only) by way of demand draft bearing
No.006540 dated 30.10.2023 drawn on IDBI
Bank in the name of Registrar General High
Court of Karnataka, Bengaluru.
iii) A sum of Rs.5,00,000/- (Rupees Five
Lakh Only) by way of demand draft bearing
No.006555 dated 18.11.2023 drawn on IDBI
Bank in the name of Registrar General High
Court of Karnataka, Bengaluru.
iv) A sum of Rs.5,00,000/- (Rupees Five
Lakh Only) by way of demand draft bearing
No.006556 dated 22.11.2023 drawn on IDBI
Bank in the name of Registrar General High
Court of Karnataka, Bengaluru.
v) A sum of Rs.5,00,000/- (Rupees Five
Lakh Only) by way of demand draft bearing
No.006559 dated 28.11.2023 drawn on IDBI
Bank in the name of Registrar General High
Court of Karnataka, Bengaluru.
vi) A sum of Rs.25,00,000/- (Rupees
Twenty Five Lakh Only) by way of demand draft
bearing No.006575 dated 26.12.2023 drawn on
IDBI Bank in the name of Registrar General
High Court of Karnataka, Bengaluru."
4. A perusal of the compromise petition coupled
with the consideration of submissions at the Bar generates
confidence in the court as to the same being bonafide and
that would bury the lis once for all restoring amity
between the battling parties. The petition bears signature
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of the parties on each of its pages and the last page bears
the signature of the counsel, as well. The parties are
personally before this court and they are identified by their
respective counsel. We also had a short interaction with
them. They agree and admit the terms of compromise.
There is no impediment, legal or factual for disposing off
this appeal in terms of compromise petition by setting at
naught the impugned judgment & decree.
5. In terms of compromise petition, it is reiterated
that the amount of Rs.50,00,000/- (Rupees Fifty Lakh)
only, in aggregate deposited in the Registry shall be
handed to the respondent-plaintiff forthwith. Along with
interest accruing thereon. The said respondent and his
counsel acknowledge the receipt of another sum of
Rs.5,00,000/- (Rupees Five Lakh) only, which was paid at
the level of suit proceedings in the court below. Counsel
for the appellant on instruction of his client standing
behind him has handed two bank drafts aggregating to
Rs.20,00,000/- (Rupees Twenty Lakh) only. Counsel for
the respondent accepts the same subject to realization.
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The appellant present before the court is put to warning
that in the event these drafts on presentation are not
honored by the drawee bank that may amount to
contempt of this court. Thus, in all arithmetically speaking,
the respondent-plaintiff would be getting a sum of
Rs.75,00,000/- (Rupees Seventy Five Lakh) only, i.e., Rs.5
lakh paid in the court below, Rs.50 lakh deposited in the
Registry and Rs.20 Lakh now handed to the respondent in
the open court.
6. It is also agreed by and between between the
parties that all & whatever criminal proceedings associated
with the lis in question be it under section 138 of the
Negotiable Instruments Act, 1881 or otherwise shall be
put to end in terms of this compromise. The jurisdictional
Judges before whom such cases are pending are requested
accordingly to drop the said proceedings in accordance
with law and without much deliberation, on the production
of a copy of this order before them. They should also
report to the Registry of this court about the disposal of
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those proceedings in an outer limit of two weeks from the
date it is done.
In the above circumstances, this appeal is disposed
off in terms of compromise petition setting aside the
impugned judgment & decree. Parties have agreed to
make the costs easy. Registry to draw the decree
accordingly.
Since the parties have amicably settled the matter
before the stage of hearing, the Registry shall refund the
entire court fee.
Sd/-
JUDGE
Sd/-
JUDGE
cbc
