Smt Leelavathi vs Sri T S Ravinandana
2024 Latest Caselaw 26937 Kant

Karnataka High Court

Smt Leelavathi vs Sri T S Ravinandana on 11 November, 2024

Author: K.Natarajan

Bench: K.Natarajan

                                                  -1-
                                                             NC: 2024:KHC:45474
                                                           RFA No. 1120 of 2018




                           IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                            DATED THIS THE 11TH DAY OF NOVEMBER, 2024

                                               BEFORE
                                THE HON'BLE MR JUSTICE K.NATARAJAN
                            REGULAR FIRST APPEAL NO. 1120 OF 2018 (SP-)


                      BETWEEN:

                      1.    SMT. LEELAVATHI
                            SINCE DECEASED BY HER LEGAL HEIRS,


                      2.    K. N. RAJENDRA PRASAD
                            S/O LATE K. S. NANJEGOWDA,
                            AGED ABUT 34 YEARS,


                      3.    K. N. AKSHAY KUMAR
                            S/O LATE K. S. NANJEGOWDA,
                            AGED ABUT 31 YEARS,

                            ALL ARE R/AT KOORNAHAHOSAHALLI VILLAGE,
                            HULADENAHALLI POST,
Digitally signed by
VEDAVATHI A K               MALUR TALUK,
Location: High              KOLAR DISTRICT - 563 130.
Court of
Karnataka

                      4.    K. V. SAMPATHKUMARI
                            W/O NAGARAJ,
                            AGED ABUT 32 YEARS,

                            R/AT SANTHENHALLI VILLAGE & POST,
                            MALUR TALUK AND KOLAR DISTRICT - 563 130.

                                                                  ...APPELLANTS

                      (BY SRI. UDHAYA KUMAR G., ADVOCATE)
                            -2-
                                       NC: 2024:KHC:45474
                                    RFA No. 1120 of 2018




AND:


1.   SRI. T. S. RAVINANDANA
     S/O T. P. SRINIVASA,
     AGED ABUT 39 YEARS,
     R/AT THIRUMALAHATTI VILLAGE,
     MASTHI HOBLI,
     MALUR TALUK,
     KOLAR DISTRICT - 563 130.


2.   SMT. K. V. BHUVANESHWARI
     W/O RAVIKUMAR,
     AGED ABUT 33 YEARS,
     R/AT SUGATUR VILLAGE,
     KOLAR TALUK AND DISTRICT - 563 162.

                                           ...RESPONDENTS

(BY SRI. VARADARAJAN M S., ADVOCATE FOR C/R1;
    SRI. BALAPPA HIREKURUBAR, ADVOCATE FOR R2)


       THIS RFA IS FILED UNDER SECTION 96 OF CPC,
AGAINST THE JUDGMENT AND DECREE DATED 31.03.2018
PASSED IN O.S.NO.125/2014 ON THE FILE OF THE SENIOR
CIVIL JUDGE, MALUR, DECREEING THE SUIT FOR SPECIFIC
PERFORMANCE OF CONTRACT.


       THIS APPEAL, COMING ON FOR ORDERS, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
                                -3-
                                                NC: 2024:KHC:45474
                                             RFA No. 1120 of 2018




CORAM:       HON'BLE MR JUSTICE K.NATARAJAN


                          ORAL JUDGMENT

The appellant Nos.2 to 4 and the respondents have filed

the joint compromise application under Order 23 Rule 3 of

CPC., for seeking permission of the court to compromise the

suit.

2. This appeal filed by the appellants/ defendants

under Section 96 of CPC., for setting aside the judgment and

decree passed by the Senior Civil Judge and JMFC, Malur, in

O.S.No.125/2014 dated 31.03.2014, for decreeing the suit and

directing the defendant to execute the sale deed in favour of

the plaintiff. Being aggrieved with the decree, the defendants

have filed this appeal.

3. During the pendency of the appeal, counsels for

both parties have filed compromise application. As per terms of

the compromise, the appellants i.e., defendant Nos.3 and 4

have paid sum of Rs.20,00,000/- to the respondent No.1/

plaintiff. They have paid Rs.18,00,000/- on 30.10.2024 through

online transfer and Rs.2,00,000/- by way of cash. The

NC: 2024:KHC:45474

respondent No.1 admits he has already received Rs.2,00,000/-

from the appellant No.3.

4. Submission of the respondent and his counsel is

taken on record.

5. The compromise is in accordance with the law.

Hence I.A. is allowed. Permitted to compromise. Hence the

following;

ORDER

The appeal is allowed.

The judgment and decree passed by the Senior Civil Judge and JMFC, Malur, in O.S.No.125/2014 dated 31.03.2014 is set aside.

The suit is disposed of in terms of the compromise.

Draw decree accordingly.

Court fee paid by the appellant is ordered to be refund as per the law.

Sd/-

(K.NATARAJAN) JUDGE

SRK List No.: 1 Sl No.: 22/-CT:SK