Dr. Hanmant S/O Basavanneppa Kosgi vs Goutamraj S/O Annarao Punekar
2024 Latest Caselaw 15723 Kant

Karnataka High Court

Dr. Hanmant S/O Basavanneppa Kosgi vs Goutamraj S/O Annarao Punekar on 4 July, 2024

Author: S.Vishwajith Shetty

Bench: S.Vishwajith Shetty

                                      -1-
                                            NC: 2024:KHC-K:4607
                                                RSA No. 7478 of 2013




                     IN THE HIGH COURT OF KARNATAKA,

                             KALABURAGI BENCH

                    DATED THIS THE 4TH DAY OF JULY, 2024

                                   BEFORE
               THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY

               REGULAR SECOND APPEAL NO.7478 OF 2013 (SP)

            BETWEEN:
               DR. HANMANT
               S/O BASAVANNEPPA KOSGI
               AGE: 54 YEARS, OCC: DOCTOR
               R/O H. NO. 3-1006/1
               GAZIPUR, GULBARGA,
               TQ & DIST: GULBARGA.
                                                        ...APPELLANT
            (BY SRI B. D. HANGARKI, ADVOCATE)
            AND:

               GOUTAMRAJ S/O ANNARAO PUNEKAR
               AGE: 39 YEARS, OCC: BUSINESS
Digitally
signed by      R/O. H. NO. 171, KHB COLONY
SHILPA R
TENIHALLI      SHANTI NAGAR, GULBARGA.
Location:                                             ...RESPONDENT
HIGH
COURT OF
KARNATAKA   (BY SRI KADLOOR SATYANARAYANACHARYA, ADVOCATE)


                 THIS RSA IS FILED U/S.100 OF THE CPC, PRAYING TO
            SET ASIDE THE JUDGMENT AND DECREE PASSED ON
            21.09.2013 IN R.A.NO.81/2011 BY THE COURT OF THE IV
            ADDL. DIST. JUDGE AT GULBARGA, AND THEREBY CONFIRM
            THE JUDGMENT AND DECREE PASSED IN O.S. NO.86/06 DT.
            23.06.20211 PASSED BY THE COURT OF II ADDL. SENIOR
            CIVIL JUDGE, GULBARAGA DECREEING THE SUIT OF THE
            PLAINTIFF BY ALLOWING THIS APPEAL WITH COST
            THROUGHOUT.
                             -2-
                                  NC: 2024:KHC-K:4607
                                      RSA No. 7478 of 2013




     THIS APPEAL COMING ON FOR DICTATING JUDGMENT,
THIS DAY, THE COURT DELIVERED THE FOLLOWING:

                        JUDGMENT

This regular second appeal under Section 100 of CPC

is filed by the plaintiff challenging the judgment and

decree passed by the Court of II Additional Senior Civil

Judge at Kalaburagi dated 23.06.2011 in O.S.No.86/2006

and the judgment and decree passed by the Court of IV

Additional District Judge at Kalaburagi dated 21.09.2013 in

R.A.No.81/2011.

2. Learned counsel for the parties submit that the

dispute between the parties has been amicably settled

during the pendency of this appeal at the intervention of

the elders and well wishers of both the parties. The

parties are present before this Court and they have today

filed a compromise petition under Order 23 Rule 3 of CPC

reporting settlement in the matter. They pray that the

appeal may be disposed of in terms of the compromise

petition.

NC: 2024:KHC-K:4607

3. The compromise petition filed under Order 23

Rule 3 of CPC is taken on record. The same is signed by

the parties and also the learned advocates appearing for

the parties. The parties, who are present in person before

the Court, are identified by their respective advocates.

4. In paragraph Nos.1 to 10 of the compromise

petition, it is stated as follows:

1. That the plaintiff/appellant has filed a suit for specific performance of registered agreement of sale dated 30-08-2002, that which was decreed by the Trial Court and on Appeal preferred by Defendant/Respondent in R.A.No.81/2011, which came to be allowed and judgment and decree of the Trial Court came to be set aside.

2. Plaintiff/Appellant has preferred above appeal, challenging the Judgment of the first appellate Court.

3. Plaintiff/Appellant has agreed to receive Rs.36,00,000/- from the Defendant/Respondent, in lieu of his right to enforce the Registered Agreement for sale dated 30.08.2002 and further agreed to withdraw the Second Appeal.

NC: 2024:KHC-K:4607

4. In furtherance of the agreement between the parties, Plaintiff/Appellant has received the D.D. from Defendant/Respondent, bearing No.490814, dated 01-07-2024, of Ujjivan Small Finance Bank, Gulbarga, for Rs. 36,00,000/- (Rupees Thirty-Six Lakhs Only), drawn in favour of Plaintiff/Appellant, in full and final settlement of claim between them.

5. Plaintiff/Appellant acknowledge the receipt of the D.D. for Rs. 36,00,000/- (Rupees Thirty-Six Lakhs Only).

6. In view of the compromise between the parties, Second Appeal be disposed off in terms of compromise, further it be ordered to cancel the Registered Agreement dated 30.08.2002.

7. Plaintiff/Appellant and Defendant/Respondent have no any other past transactions and present transactions, except the one herein compromised.

8. Plaintiff/Appellant hereby also declares that, he is not in possession of any negotiable instruments of Defendant/Respondent.

9. The Plaintiff/Appellant had deposited the part consideration amount of Rs.1,75,000/- in the

NC: 2024:KHC-K:4607

Court of the Prl.Civil Judge (Snr. Div.) Kalaburagi, vide pay order dt. 07.07.2011. The Plaintiff/Appellant is at liberty to withdraw the same, for which the defendant/respondent shall have no objections.

10.Plaintiff/Appellant is entitled to refund of entire Court Fees, in this RSA & trial court, whereas, Defendant/Appellant is entitled to refund of court Fee paid by him in the first Appellate Court, in R.A.No.81/2011.

5. This regular second appeal is therefore disposed

of in terms of the compromise petition and it is ordered

that the registered agreement dated 30.08.2002 stands

cancelled.

Registry is directed to draw decree accordingly.

Sd/-

JUDGE

SRT