Karnataka High Court

K C Jagadeesh vs M/S Sampada Finance Corporation ( R ) on 26 July, 2024

Author: H.T. Narendra Prasad

Bench: H.T. Narendra Prasad

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                                                                NC: 2024:KHC:29497
                                                              RSA No. 1277 of 2012




                           IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                               DATED THIS THE 26TH DAY OF JULY, 2024

                                                BEFORE
                           THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD
                           REGULAR SECOND APPEAL NO. 1277 OF 2012 (MON)
                      BETWEEN:

                      K C JAGADEESH
                      AGED ABOUT 51 YEARS,
                      S/O K.H. CHANDRAPPA
                      R/AT HOUSE NO.1, BLOCK NO.5,
                      JSS EMPLOYEES LAYOUT,
                      NAZARABAD MOHALLA,
                      MYSORE-570001                                ...APPELLANT

                      (BY SRI. KRISHNAMURTHY G HASYAGAR .,ADVOCATE)

                      AND:

                      1.    M/S SAMPADA FINANCE CORPORATION ( R )
                            A FIRM OF PARTNERS HAVING ITS REGISTERED
                            OFFICE AT NO.324, D. SUBBAIAH ROAD,CHAMARAJ
Digitally signed by
HEMALATHA A                 MOHALLA,MYSORE-570024
Location: HIGH
COURT OF
KARNATAKA             2.    M. MURALIDHARA
                            A.A:62 YEARS, S/O LATE M.J. LAKKAIAH
                            NO.379, KUNCHITTIGARA STREET,
                            CHAMARAJA MOHALLA,MYSORE-570024

                      3.    LAKSHMINARAYANA
                            A.A: 51 YEARS NO.809, 5TH MAIN,
                            11TH CROSS, ARAVINDNAGAR,
                            MYSORE-570001
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                                 RSA No. 1277 of 2012




4.   VIJAYALAKSHMI
     A.A:50 YEARS
     W/O H.R. RAMARAJ
     NO.EWS-734, YELAHANKA NEW TOWN
     BANGALORE-560064

5.   AKASHDEEP M
     A.A:31 YEARS
     S/O M. MURALIDHARA
     NO.379, KUNCHITTIGARA STREET
     CHAMARAJA MOHALLA MYSORE-570024

6.   M. VINAYDEEP
     A.A:27 YEARS
     S/O M. MURALIDHARA
     NO.379, KUNCHITTIGARA STREET
     CHAMARAJA MOHALLA MYSORE-570024

7.   M. PRAKASHA
     A.A:52 YEARS
     S/O MARIYAPPA,
     NO.1155/8, MILK CENTRE ROAD
     OPPOSITE TO NIE COLLEGE,
     FORT MOHALLA, MYSORE-570008,
     PROPRIETOR, MALAI MAHADESHWARA TRADERS,
     COCOUNUT SHOP,NO.1137/20,
     7TH MAIN, SJH ROAD,
     VIDYARANYAPURAM,
     MYSORE - 570008.

8.   V. NAGAPPA
     A.A:59 YEARS
     S/O K.H. CHANDRAPPA
     NO.905/56, 4TH CROSS
     4TH MAIN,VIDYARANYAPURAM
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                                    RSA No. 1277 of 2012




    MYSORE-570004                 .. RESPONDENTS

 (BY SRI. ABHINAV R., ADVOCATE) FOR R1 TO R6: SRI
M.SADASHIVA MURTHY, ADVOCATE FOR R7: NOTICE TO R8
SERVED AND UNREPRESENTED)



      THIS RSA FILED UNDER SEC.100 OF CPC., AGAINST THE
JUDGMENT AND DECREE DATED 2.3.2012 PASSED IN
R.A.NO.83/2011 ON THE FILE OF THE PRL. DISTRICT &
SESSIONS JUDGE, MYSORE, DISMISSING THE APPEAL FILED
AGAINST THE JUDGMENT AND DECREE DATED 18.12.2010
PASSED IN O.S.NO.2/2005 ON THE FILE OF THE PRL. SENIOR
CIVIL JUDGE & CJM, MYSORE.

     THIS APPEAL, COMING ON FOR FINAL HEARING, THIS
DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:


CORAM:   HON'BLE MR JUSTICE H.T. NARENDRA PRASAD


                    ORAL JUDGMENT

This appeal is filed by defendant No.3 under Section

100 of CPC challenging the judgment and decree dated

02.03.2012 passed by the Principal District Judge, Mysore

in R.A.No.83/2011, confirming the judgment and decree

dated 18.02.2010 passed by the Principal Senior Civil

Judge and CJM, Mysore, in O.S.No.2/2005.

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2. After service of notice in the appeal, the parties

have arrived at a settlement and have filed a compromise

petition under Order XXIII Rules 1, 2, 3, 4 of CPC.

3. The compromise petition is taken on record. It

reads as follows:

"The Appellant & Respondent Nos. 1 and 2 jointly submit as follows:

1. The Appellant has filed the above Appeal challenging the Judgement and Decree dated 02.03.2012 passed by the Principal District Judge, Mysore, in R.A No.83/2011, confirming the Judgement and Decree dated 18.02.2010 passed by the Prl. Senior Civil Judge & CJM, Mysore, in O.S No.2/2005, in so far as it relates to the declaration that the Sale Deed dated 05.05.2004 entered into between Defendant-1 and Defendant-3 with respect to the suit Schedule Property is not binding on the Plaintiff and consequently holding that the Plaintiff is entitled to realize the suit claim by the sale of the suit Schedule Property in pursuance of the order of Attachment Before Judgment. The Respondent-1 M/s. Sampada Finance Corporation (R) is the Plaintiff and Respondents-2 to 6 are its Partners.

The Appellant is the Defendant-3. The suit is decreed by a Judgment and Decree dated

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18.12.2010 against Defendants 1 and 2, i.e., Respondents 7 and 8 in this Appeal for Rs.2,61,000/- with interest at 12% p.a. It is further decreed that the Sale Deed dated 05.05.2004 entered into between Schedule Property is not binding on the Plaintiff and consequently holding that the Plaintiff is entitled to realize the suit claim by sale of the suit schedule property in pursuance of the order of Attachment Before Judgment already granted. The Defendant No.3 Sri K.C. Jagadeesh (Appellant herein) preferred R.A. No.83/2011 on the file of the Prl. District Judge at Mysore challenging the Judgment and Decree dated 18.12.2010 in O.S. No.2/2005. After contest, the Appeal was dismissed with costs by a Judgment and Decree dated 02.03.2012.

2. Subsequent to the filing of the present Appeal, at the intervention of the well-wishers and friends of both the parties, they have mutually agreed to settle the present dispute on the following terms and conditions:

(a) The Appellant Defendant-3 has agreed to satisfy the claim for recovery made by the 1st Respondent M/s. Sampada Finance Corporation (R). The Appellant - Defendant No.3 has on this day paid a total sum of Rs.7,50,000/- (Rupees Seven Lakh Fifty Thousand Only) to Respondent No.1 - Plaintiff

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Firm - M/s. Sampada Finance Corporation (R) and the Respondent No.1 Plaintiff Firm has agreed to receive the said sum of Rs.7,50,000/- (Rupees Seven Lakh Fifty Thousand Only) towards full and final settlement of the entire suit claim.

(b) The amount of Rs.7,50,000/- (Rupees Seven Lakh Fifty Thousand Only) is paid by way of Demand Draft dated 18.07.2024 Bearing No 249494 drawn on State Bank of India, JSS Layout Branch, to the Respondent-1 M/s. Sampada Finance Corporation (R) before this Hon'ble Court. The Respondent-1 - M/s. Sampada Finance Corporation (R) is represented by its Managing Partner, i.e., Respondent No.2 - Sri. M. Muralidhara. All the Partners have passed a resolution dated 10.7.2024 accepting the sum of Rs.7,50,000/- in complete satisfaction of their claims under the Judgment and Decree dated 18.12.2010 in O.S.No.2/2005 and authorising Sri.M.Muralidhara -

Respondent-2 to receive the said sum of Rs. 7,50,000/-. The Respondent-1 Firm in consideration of having received the sum of Rs.7,50,000/- in the manner stated above, has no claim of whatsoever nature against the Appellant and so also in respect of the suit Schedule Property bearing Site No.1, situated at Block No.5, of JSS Employees Layout, Nazarbad Mohalla, Mysore (formed as per permission granted by Mysore City Corporation in

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No.1163/91-92) measuring East to West 45 Feet and North to South 30 Feet, which is bounded on the East by: Site bearing No.25, On the West by:

Road, On the North by: Site bearing No.2 and on the South by: Road, which is owned and possessed by the Appellant herein Defendant No.3.

(c) In view of this settlement arrived at between the parties, the Respondent-1 Firm and the Appellant in the above appeal pray that the above appeal may kindly be disposed off as settled out of court.

(d) The present Appeal may be dismissed as against Respondent Nos.7 and 8 (Defendant Nos. 1 and 2) who are the predecessors in interest of the Appellant Defendant No.3 and the liability of whom is now discharged by the Appellant Defendant No.3.

3. This Compromise has been entered into between the parties out of their free will and consent without any fraud, coercion, threat and undue influence.

4. In view of the settlement, the Appellant prays that the entire Court Fee paid on the Appeal Memo may kindly be refunded to the Appellant.

WHEREFORE, in consideration of this Compromise Petition, the Appellant and the Respondent No.1 - M/s. Sampada Finance Corporation (R) jointly pray that this Hon'ble Court be pleased to modify the

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Judgment and Decree dated 18.12.2010 passed in O.S. No.2/2005 by the Prl. Senior Civil Judge & CJM, Mysore and confirmed by the Judgment and Decree dated 02.03.2012 in R.A. No.83/2011 by the Prl. District Judge at Mysore in terms of the present Compromise Petition, in the interest of justice and equity."

4. The respondent Nos. 2 to 6 have passed a

resolution authorizing respondent No.2 to sign the

compromise petition. The appellant and respondent No.2

are present before the Court and signed the compromise

petition. They and their signatures are identified by their

respective learned advocates. They state that they have

entered into the settlement out of their volition and

without any duress from anybody.

5. This Court, after satisfying with the terms of the

compromise petition, passed the following order: