Karnataka High Court
Srinivas vs Smt Sharada on 6 March, 2025
Author: K.Somashekar
Bench: K.Somashekar
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NC: 2025:KHC:9509-DB
RFA No. 1146 of 2021
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 6TH DAY OF MARCH, 2025
PRESENT
THE HON'BLE MR JUSTICE K.SOMASHEKAR
AND
THE HON'BLE MR JUSTICE VENKATESH NAIK T
REGULAR FIRST APPEAL NO. 1146 OF 2021 (SP)
BETWEEN:
1. SRINIVAS,
S/O LATE BOREGOWDA,
AGED ABOUT 55 YEARS,
R/AT 100, GANAPATHI,
TEMPLE STREET, LOAKANAYAKANAGARA,
HEBBALU, MYSURU.
2. V MANJUANTH,
Digitally signed H/O LATE MANJULA,
by SUMATHY AGED ABOUT 50 YEARS
KANNAN
Location: HIGH
COURT OF 3. N MADHU,
KARNATAKA
S/O LAE MANJULA,
AGED ABOUT 29 YEARS
4. TEJASWINI
D/O LATE MANJULA,
AGED ABOUT 25 YEARS
APPELLANTS 2 TO 4 ARE
R/AT DOOR NO 434, 7TH CROSS
1ST STAGE, HEBBALU,
SIDDARTHANAGAR,
MYSURU.
...APPELLANTS
(BY SRI. PRITHVI RAJ B N, ADVOCATE)
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RFA No. 1146 of 2021
AND:
1. SMT SHARADA,
W/O K SEETHARAMA,
AGED ABOUT 59 YEARS,
R/O GUNGRAL CHATRA,
YELAWAL HOBLI,
MYSURU TALUK - 570026.
2. SMT PREMA,
W/O B R RAJESH,
AGED ABOUT 40 YEARS,
R/AT NO C-90/3,
TERINA BEEDI,
BANNUR TOWN,
T NARASIPURA TALUK - 571124.
3. SMT ABHILASHA,
D/O NANGEGOWDA
AGED ABOUT 29 YEARS,
R/AT SHYANBHOGANHALLI,
BILIKERE HOBLI,
HUNSUR TALUK - 571105.
4. SMT MANJULA
(DELETED AS PER THE ORDER DATED 28.02.2025)
5. SMT PADMA,
W/O LOKESH
AGED ABOUT 50 YEARS
R/AT HARAVU VILLAGE,
PANDAVAPURA TALUK - 571434.
...RESPONDENTS
(BY SRI. MOHAN B.K, ADVOCATE FOR R1, R2, R3 & R5,
R1, 3, 5 ARE REPRESENTED BY R2 GPA HOLDER,
V/O/DT: 28.02.2025 APPEAL AGAINST R4 STANDS ABATED)
THIS RFA IS FILED UNDER ORDER 41 RULE 1 R/W
SECTION 96 OF CPC AGAINST THE JUDGMENT AND DECREE
DATED 05.12.2020 PASSED IN OS.No.98/2019 ON THE FILE OF
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RFA No. 1146 of 2021
THE IV ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, MYSURU,
PARTLY DECREEING THE SUIT FOR SPECIFIC PERFORMANCE
OF CONTRACT.
THIS APPEAL, COMING ON FOR ORDERS THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE K.SOMASHEKAR
and
HON'BLE MR JUSTICE VENKATESH NAIK T
ORAL JUDGMENT
(PER: HON'BLE MR JUSTICE K.SOMASHEKAR)
This appeal is directed against the judgment and decree
rendered by the Court below in O.S.No.98/2019 dated
05.12.2020 decreeing the suit for specific performance of
contract.
2. Learned counsel Sri Prithviraj B.N. for the appellants
and learned counsel Sri Mohan B.K. for respondent Nos.1, 2, 3
and 5 are present before the Court physically.
3. In compliance of the office objections counsel for
respondents has filed second set of I.A.1/2025 for production of
General Power of Attorney and the same is taken on record.
4. Counsel for the parties have filed compromise petition
under Order 23 Rule 3 of CPC. The same reads as under:
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The Appellants and the Respondents respectfully submits
as follows:
1. It is submitted that the Appellants herein had instituted
a suit in O.S. No. 98/2019 before the IV Addl. Senior Civil
Judge & JMFC, Mysuru against the Respondents herein for
specific performance of the regd. sale agreement dated:
21-3-2016 The said Sale agreement was registered at the
office of Sub-Registrar, Mysuru North as Document No.
MYN-1-08143-2015-16.
2. It is submitted that the aforesaid suit came to be partly
decreed in favour of the plaintiffs (i.e. Appellants herein)
by directing the Respondents to refund the advance
amount of Rs.20,00,000/- along with 12% interest per
annum from the date of execution of sale agreement
dated 21-3-2016 till realization of the entire amount.
However, the rest of specific performance of the sale
agreement was rejected by the Hon'ble Court by its
Judgment dated 5-12-2020. As against said judgement
rejecting the prayer for specific performance, the
Appellants have preferred the present Appeal.
3. It is submitted that during the pendency of the present
Appeal, the parties have arrived at a mutual
understanding in order to put an end to the litigation.
Accordingly, they have executed this Compromise petition
recording the terms upon which they have mutually
agreed to resolve the dispute. The terms of the
Compromise are set-out as hereunder:
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4. TERMS OF COMPROMISE
(1) The Respondents have agreed to pay a sum of Rs.
48,00,000/- (Rupees Forty-Eight Lakhs only) to the
Appellants by way of two Post-dated cheques as
mentioned below. The below mentioned cheques are
issued by Resp.no.2-Smt. Prema on behalf of all other
respondents.
(a) Cheque bearing no 290963 dated 15-3-2025 for sum
of Rs.24,00,000/-(Rupees Twenty Four Lakhs only) drawn
on Ujjivan Small Finance Bank in favour of 1st Appellant-
Srinivas.
(b) Cheque bearing no. 290962 dated: 15-3-2025 for sum
of Rs. 24,00,000/- (Rupees Twenty Four Lakhs only)
drawn on Ujjivan Small Finance Bank in favour of 2
Appellant-V Manjunath.
(The 3rd Appellant-M.Madhu & 4th Appellant-Tejaswini
hereby give their consent to issue the cheque in the name
of their father V. Manjunath and they have no-objection
for the same.)
(ii) The Appellants hereby withdraws the present Appeal
upon the assurance given by the respondents that the
aforementioned post-dated cheques would be honoured
when presented on 15-3-2025 or at anytime thereafter
during the validity of those cheques.
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(iii) The Appellants have agreed to give up their rights
under the Agreement of Sale dated 21-3-2016, subject to
realization of the aforementioned post-dated cheques.
(iv) The Appellants have agreed to execute registered
cancellation deed for the cancellation of Regd. Sale
Agreement dated 21-3-2016.
(v) The Respondents have assured and promised the
Appellants that the aforesaid 2 post-dated cheques would
be honoured on presentation on their respective dates.
(vi) In the event of dishonor of the aforesaid 2 cheques,
the same shall be construed as an act of intentional
cheating and fraud by all the respondents since the
Appellants have agreed to withdraw the present Appeal
and execute the cancellation deed upon the promise and
assurance made by the Respondents regarding honouring
the post-dated cheques. In such an event of dishonour of
cheques, the respondents would be liable to be
prosecuted for the criminal offence of cheating in addition
to the proceedings u/sec. 138 of N.I. Act.
5. That it has been agreed and settled that all the parties
to this Compromise Petition shall abide by and adhere to
all the settled terms and conditions so arrived and shall
make all the efforts to bring the entire
litigation/differences to end with letter and spirit.
6. In view of the Appeal ending in Compromise before
hearing, applicable court-fees may be refunded to the
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Appellants. The Appellant No.2 to 4 hereby authorize the
1st appellant-Srinivas to receive the refund of the court
fees.
7. All the parties have put their signatures on this
Compromise Petition with their own volition, consent and
free will and the said consent has not been obtained
either by force, fraud or undue influence in any manner,
from any of the parties.
WHEREFORE, it is most respectfully prayed that this
Hon'ble Court be pleased to dispose of the present Appeal
in terms of this Compromise Petition, in the interest of
justice and equity.
SCHEDULE
Land bearing Sy no.113/3 (old Sy no.113/2) measuring 1
acre 10 guntas situated at Shyadanahalli, Kasaba Hobli,
Mysuru Taluk bounded on -
East by: Land of Subramanya
West by: Land of Thammanna
North by: Nala
South by: Property of Jalajakshi
5. Counsel for appellants has filed a memo today stating
that appellant No.4 - Tejaswini is undergoing post partum care
at her parents house and is unable to be physically present
before the Court. He has also filed the power of attorney dated
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28.02.2025 executed by appellant No.4 authorizing appellant
No.2 namely V.Manjunath to represent her in the present appeal
to report settlement as per the compromise petition. The memo
is taken on record.
6. Whereas counsel Appellant Nos.1, 2 and 3 inclusive of
respondent No.2 being the GPA holder for respondent Nos.1, 3
and 5 are present before the Court physically. The parties are
appraised of the terms and conditions stated in the compromise
and they have subscribed their signature accordingly in the
presence of counsel for the respective parties. In terms of the
compromise, we proceed to pass the following:
ORDER
The appeal is hereby disposed of. Consequently, the
judgment and decree in O.S.No.98/2019 dated 21.03.2016 is
modified in terms of the compromise arrived between the parties
to the proceedings.
Registry is directed to draw the decree in terms of the
compromise.
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The Court fee is ordered to be refunded to appellant No.1
namely Sri Srinivas, S/o Late Boregowda on due identification.
Pending applications, if any, shall stand disposed of.
SD/-
(K.SOMASHEKAR)
JUDGE
SD/-
(VENKATESH NAIK T)
JUDGE
DKB
