Smt N Parvathamma vs Sri D Billaiah
2025 Latest Caselaw 6613 Kant

Karnataka High Court

Smt N Parvathamma vs Sri D Billaiah on 24 June, 2025

Author: S.G.Pandit

Bench: S.G.Pandit

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                                                     NC: 2025:KHC:22134-DB
                                                      RFA No. 219 of 2013


                   HC-KAR




                   IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                            DATED THIS THE 24TH DAY OF JUNE, 2025

                                          PRESENT
                             THE HON'BLE MR. JUSTICE S.G.PANDIT
                                            AND
                              THE HON'BLE MR JUSTICE T.M.NADAF
                      REGULAR FIRST APPEAL NO.219 OF 2013 (SP)
                   BETWEEN:

                      SMT N PARVATHAMMA
                      W/O LATE NARAYANA GOWDA
                      AGED ABOUT 48 YEARS
                      RESIDING AT NO.840/1, OLD NO.8470
                      CHAMUNDESHWARI LAYOUT
                      HULLAHALLI ROAD,
                      NANJANGUD

                                                                ...APPELLANT
                   (BY SRI. H V SUBRAMANYA & ASSTS, ADVOCATE)

Digitally signed   AND:
by
MADHUSHREE
H                     SRI D BILLAIAH
Location: High        S/O LATE DASEGOWDA
Court of              AGED ABOUT 65 YEARS
Karnataka
                      RESIDING AT NO.657,
                      3RD MAIN ROAD
                      1ST STAGE, ARAVINDANAGAR
                      MYSORE CITY - 570 001

                                                             ...RESPONDENT
                   (BY SRI. P MAHESHA & KRISHNA B J, ADVOCATE)

                        THIS RFA IS FILED UNDER SECTION 96 R/W ORDER-41,
                   RULE-1 OF CPC, PRAYING TO a) SET ASIDE THE IMPUGNED
                   JUDGMENT AND DECREE DATED 5.10.2012 PASSED IN
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                                                 NC: 2025:KHC:22134-DB
                                                  RFA No. 219 of 2013


HC-KAR



O.S.NO.35/2011 ON THE FILE OF THE SENIOR CIVIL JUDGE,
NANJANGUD AND DISMISS THE SUIT OF THE RESPONDENT /
PLAINTIFF, WITH COSTS; b) ALLOW THIS APPEAL WITH
EXEMPLARY COSTS, TO MEET THE ENDS OF JUSTICE AND
EQUITY.

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

CORAM:      HON'BLE MR. JUSTICE S.G.PANDIT
            and
            HON'BLE MR JUSTICE T.M.NADAF

                      ORAL JUDGMENT

(PER: HON'BLE MR. JUSTICE S.G.PANDIT)

The defendant - appellant is before this Court in this

appeal filed under Section-96 of CPC, questioning the

judgment and decree dated 05.10.2012, in

O.S.No.35/2011, on the file of Senior Civil Judge,

Nanjangud, wherein the suit filed by the respondent for

specific performance of agreement dated 10.02.2010 is

allowed.

2. This appeal was admitted on 01.03.2013.

Today, the appellant - defendant, Smt.M.Parvathamma

along with learned counsel Sri.H.V.Subramanya, and the

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respondent - plaintiff, Sri.D.Billaiah, along with learned

counsel Sri.P.Mahesha are present before the Court.

3. The learned counsel appearing for the parties

would submit that with the intervention of the elders, the

parties have compromised and they have decided to put

an end to the litigation. Today, compromise petition under

Order-XXIII, Rule-3 of CPC is filed by plaintiff, defendants

as well as their counsel who are present before the Court.

The terms of the compromise reads as follows:

"3. It is agreed upon by both the parties that the Respondent herein have agreed to pay a sum of Rs. 20,00,000/- (Rupees Twenty Lakh Rupees Only) in addition to the already agreed upon Sale Consideration to the appellant and the Lease holders of the appellant in occupation of the suit schedule property

4. Respondent and the appellant has agreed upon to pay the aforementioned Rs. 20,00,000/- (Rupees Twenty Lakh Rupees Only) by way of Demand Drafts to the Lease holders and the appellant, as per the agreed upon amount by the appellant to be distributed

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to the lease holders in possession of the suit schedule property,:

Sl.No Name of the Person Amount

1. Mr. Chandrashekar Murthy S.R 3,50,000/-

2. Mr. Sureshachar 3,50,000/-

3. Mr.Kumara M.S 2,00,000/-

4. Smt. N. Parvathamma 11,00,000/

(Appellant)

5. Any amount over and above the aforementioned amount payable to the leaseholders is to be paid by the appellant N Parvathamma and it is her sole responsibility.

6. It is further agreed upon by the appellant and the Respondent that the amount payable to Smt. Parvathamma - Appellant herein shall be paid on the date of execution of the Registered Sale Deed and handing over of the vacant possession of the Suit Schedule property in favour of the Respondent herein/Plaintiff.

7. It is further agreed upon by both the parties that on execution of this Compromise Petition, the Respondent shall give the Demand Drafts in the names of Mr. Chandrashekhar Murthy S.R, Mr. Sureshachar and Mr. Kumara M.S for the aforementioned

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amounts through the appellant on the date of aforementioned lease Holders vacating the suit schedule property.

8. The Appellant shall make all necessary arrangements to vacate the suit schedule properties from lease holders and any other persons claiming under them and handover vacant possession of the suit schedule to the respondent on the date of execution sale Deed in favour of the Respondent.

9. The Appellant shall also make sure that the suit schedule property is free from all the encumbrances or any other claims over the suit schedule property.

10. The Appellant shall also pay up to date property tax payable to the Municipality and shall also clear all the dues pending to the municipality on her own and handover all the original receipts to the respondent.

11. The Appellant shall co-operate with the respondent to make all the necessary arrangements to get the necessary E-Khata from the relevant authorities in her name, required for the registration of the Sale Deed, at the cost of respondent.

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12. The appellant herein, on execution of this compromise Petition, shall forgo all her rights over the suit schedule property and shall not have any claims whatsoever in any nature over the suit schedule property.

13. It is also agreed upon by the Parties that the Appellant herein, on execution of this Compromise Petition and on registration of the Sale Deed in favour of the Respondent herein, shall not interfere with the peaceful possession and enjoyment of the suit schedule property and also would not frustrate the rights of the Respondent over the suit schedule property.

14. The Respondent herein has no objection for the appellant to withdraw the amount of Rs. 10,000/-(Rupees Tens thousand only) in deposit before the Trial Court.

15. The appellant shall ensure the handing over of the vacant possession of the suit schedule property and the execution of the Registered Sale Deed within a period of two months from this day.

16. This Compromise Petition is a full and final settlement amongst the Parties and none of the Parties shall have any further claims

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against each other with respect to the suit Schedule Properties in any manner whatsoever.

17. The appellant and respondent hereby declare that the above settlement is arrived at with own free will and without any coercion and undue influence from anybody.

18. The appellant herein, on account of entering upon this Compromise Petition, is entitled for the refund of the entire Court fee paid before this Hon'ble Court.

With full satisfaction the above settlement was arrived at and reported before this Hon'ble Court today on 24.06.2025 at Bengaluru. Hence, the same may be accepted."

4. The respondent-plaintiff has agreed to pay an

additional sale consideration of Rs.20,00,000/- (Rupees

Twenty Lakhs) and the appellant-defendant has agreed to

receive an additional sale consideration of Rs.20,00,000/-

(Rupees Twenty Lakhs). The additional sale consideration

shall be paid by the respondent-plaintiff in terms stated at

para-4 of the compromise petition.

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5. We have gone through the terms of the

compromise petition and we are satisfied with the terms

incorporated in the compromise petition, which is in

accordance with law.

6. The above appeal stands disposed off in terms

of the compromise arrived at between the parties.

7. In view of the compromise, the appellant-

defendant would be entitled for refund of the admissible

Court fees in terms of Section-66 of the Karnataka Court

Fees and Suits Valuation Act, 1958.

Draw decree accordingly.

Sd/-

(S.G.PANDIT) JUDGE

Sd/-

(T.M.NADAF) JUDGE

JJ