Dudusab Ladasab Mulla vs Ibrahimsab Ladasab Mulla
2024 Latest Caselaw 1506 Kant

Karnataka High Court

Dudusab Ladasab Mulla vs Ibrahimsab Ladasab Mulla on 17 January, 2024

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                                                NC: 2024:KHC-D:1031
                                                 RSA No. 100112 of 2021




               IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

                    DATED THIS THE 17TH DAY OF JANUARY, 2024

                                       BEFORE

                       THE HON'BLE MR JUSTICE R.NATARAJ

                   REGULAR SECOND APPEAL NO.100112/2021(SP)

            BETWEEN:

            DUDUSAB LADASAB MULLA,
            AGE: 61 YEARS,
            OCC: AGRICULTURE,
            R/O: BARADWADA,
            KUNDGOL TALUK,
            DIST: DHARWAD - 580 001.
                                                           -    APPELLANT
            (BY SRI SANTOSH D. NARAGUND, ADVOCATE)

            AND:

            IBRAHIMSAB LADASAB MULLA,
            AGE: 57 YEARS,
            OCC: AGRICULTURE,
            R/O: BARADWADA,
            KUNDGOL TALUK,
            DIST: DHARWAD - 580 001.
Digitally                                              -       RESPONDENT
signed by   (BY SRI PRASHANT S. HOSAMANI, ADVOCATE)
VINAYAKA
BV                THIS REGULAR SECOND APPEAL IS FILED U/SEC.100 OF CPC,
            AGAINST THE JUDGEMENT AND DECREE DATED 24.03.2021 PASSED
            IN R.A.NO.3/2020 ON THE FILE OF THE SENIOR CIVIL JUDGE AND
            JUDICIAL MAGISTRATE FIRST CLASS, KUNDGOL, ALLOWING THE
            APPEAL    AND   MODIFYING   THE    JUDGMENT   AND    DECREE
            DTD.30.11.2019, PASSED IN O.S. NO.82/2016 ON THE FILE OF THE
            CIVIL JUDGE AND JUDICIAL MAGISTRATE FIRST CLASS, KUNDGOL,
            DISMISSING THE SUIT FILED FOR SPECIFIC PERFORMANCE & ETC.

                 THIS REGULAR SECOND APPEAL, COMING ON FOR
            ADMISSION, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
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                                              NC: 2024:KHC-D:1031
                                               RSA No. 100112 of 2021




                              JUDGMENT

This regular second appeal is filed by the defendant in

O.S. No. 82/2016 on the file of the Civil Judge & JMFC, Kundgol

challenging the judgment and decree passed by the Senior Civil

Judge & JMFC, Kundgol (first appellate court) in R.A. No.

3/2020 by which it allowed the appeal and set aside the

judgment and decree passed by the trial court and decreed the

suit for specific performance.

2. When this case was listed for admission, the learned

counsel for the appellant and the learned counsel for the

respondent have filed a joint memo which reads as follows:

"The appellant and respondent respectfully submits as under:

1. That the appellant has challenged the Judgment and Decree of R.A. No. 3/2020 dated 24/3/2021 passed by the Hon'ble Senior Civil Judge & JMFC, Kundgol, modifying the judgment and decree of trial courts judgment and decree passed in O.S. No. 82/2016, dated 30/11/2019 passed by the Hon'ble Civil Judge & JMFC, Kundgol, where in the Hon'ble Trial Court has directed the appellant to return the earnest money of Rs.1,30,000/- to the plaintiff with interest at the rate of 9% per annum from 24.03.2014 to the date of realization, but the First appellate court has modified the judgment and decree and directed to execute the sale

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deed. Being aggrieved by the said Judgment of the Lower Appellate Court, the appellant has preferred the present Appeal on the following grounds.

2. That at the stage of the Admission, the Appellant and Respondent have settled the dispute amicably, subject to the terms of this joint memo.

3. That the appellant undertakes that, there will be no any other claim by himself or by any of his family members over the respondent land bearing R.S. No. 155/3 measuring 01-acre 37-guntas of Bardwad village of Kundgol Taluka, Dist Dharwad.

4. That the Respondent agreed to pay Rs. 6,50,000/- (Six Lakhs Fifty Thousand Only) apart from a sum of Rs.1,30,000/- already paid by the respondent herein, within 2 months from today.

5. That the respondent has paid the amount of Rs.50,000/-

to the appellant today i.e, on 17.01.2024, by way of cash and the said amount has been received by the appellant herein and the respondent has also agreed to pay the remaining amount of Rs. 6,00,000/- (Six Lakhs Rupees Only) by way Demand Draft.

6. That the appellant along with his Family Members have agreed to execute a deed of conveyance conveying the suit property to the respondent.

7. The terms of this joint memo is binding upon Appellant and his Family Members, and the Respondent herein."

---

3. The joint memo is signed by not only the defendant but

also his family members, namely, his wife and three children.

They are identified by the plaintiff. Since the compromise

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entered into between the plaintiff and defendant, is just and

reasonable and is not opposed to any law, same is accepted.

Consequently, the impugned judgment and decree passed by

the first appellate court is modified and this appeal is disposed

off in terms of the joint memo.

4. Plaintiff, defendant and his family members have signed

the order sheet in token of the acceptance of the terms of the

joint memo.

SD/-

JUDGE BVV

CT-ASC