2014 on the file of the II Addl. Senior Civil Judge & JMFC., Tumakuru (for
2. The appellant and respondents have jointly filed the
"MEMORANDUM OF COMPROMISE PETITION UNDER
ORDER 23 RULE 3 OF CODE OF CIVIL PROCEDURE
The parties to this Regular First Appeal jointly submit as under:
NC: 2025:KHC:10256
RFA NO.1741 OF 2017
1. This Appeal is filed by Plaintiff/Appellant, challenging this
Judgment and Decree dated: 05.09.2017 passed in OS
No.18/2014, by the II Additional Senior Civil Judge &
JMFC., Tumakuru, wherein the suit for the Specific
Performance of Agreement to Sell dated: 09.07.2012/EX-
P-3, was dismissed.
2. This Appeal was filed on 09.12.2017. That on 06/12/2017
itself, the Respondent Nos.1 & 2 herein sold portion/s out
of the subject matter of Agreement to Sell dated:
09.07.2012, separately to Respondent No.3 herein (i.e.,
B.S. Doreswamy S/o B.R. Shivananjappa) and
Respondent No.4 herein (i.e., M. Thirtharaju, S/o late S.
Mallappa), vide two separate Registered Sale Deeds
dated:06.12.2017 respectively and one of them having
been executed in favour of Respondent No.3 herein is
registered as Document No. TMK-1-14306-2017-18, Book
No.1, Stored in C.D.No.TMKD802, on 06/12/2017, in the
office of Senior Sub-registrar, Tumakuru, another one
having been executed dated 06.12.2017 in favour of
Respondent No.4 herein is registered as Document No.
TMK-1-14305-2017-18, Book No.1, Stored in
C.D.No.TMKD802, on 06/12/2017, in the office of Senior
Sub-registrar, Tumakuru, respectively.
3. The Appellant and Respondents 3 & 4 have settled the
matter outside the Court and consequently as per agreed
terms, on this day of singing of this compromise, the
Respondents No.3 has paid Rs.3,00,000/-; andlikewise,
Respondent no.4 has paid Rs. 5,00,000/-, i.e., total amount
of Rs.8,00,000/- (Rupees Eight Lakhs Only) to the
appellant herein as follows:
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RFA NO.1741 OF 2017
i) Rs.5,00,000/- [Rupees Five Lakhs only] paid by way of
Demand Draft, No.005991, dated: 21.01.2025, drawn on
Canara Bank, Ashok Nagar Branch, Tumakuru in favour of
Appellant/H.B.Leelavathi, by M. Thirtharaju/4th Respondent
herein, and duly delivered original DD to appellant herein;
and
ii) Rs.3,00,000/- [Rupees Three Lakhs only] paid by way of
Demand Draft, No.003631, dated: 23.01.2025, drawn on
Axis Bank, Sira Gate Branch, Tumakuru in favour of
Appellant/H.B.Leelavathi, by B.S.Doreswamy/3rd
Respondent herein and duly delivered original DD to
appellant herein.
The Appellant do herewith acknowledged the receipt of
aforementioned amounts/paid by the respondents No. 3 &
4 respectively, towards full and final settlement of
appellant's entire suit/appeal dispute/claim/rights/interest, if
any, as against respondents and suit subject property, in
all respects.
4. That the Appellant herein admits/agrees that with the
singing of this compromise petition, the agreement to sell
dated:09-07-2012, pertaining to suit schedule property
does herewith has legally stood cancelled, annulled,
revoked, extinguished and ceased to exist in all respects.
5. Accordingly, in view of the above settlement between the
Appellant and Respondents 3 & 4, the appellant has
unconditionally given up/waived off/released/relinquished
all such appellant's claim/interest/rights, if any legally
subsisting, in any manner, under the agreement to Sell,
dated: 09.07.2012, including right to sue or appeal against
NC: 2025:KHC:10256
RFA NO.1741 OF 2017
the respondents pertaining to suit schedule property or any
of its portion/s respectively.
6. The Appellant herein has agreed to above compromise
terms without thereby being any coercion and undue
influence and the same is entered into with free will and
volition.
7. Consequent to the above terms of compromise, the
Appellant/Plaintiff hereby withdraws this appeal, as fully
and finally settled between parties, in terms of this
compromise and requests this Hon'ble Court be pleased to
refund the Court, paid on the Appeal Memo.
WHEREFORE, it is prayed that this Hon'ble Court be pleased to
record the compromise and dismiss the above Regular First
Appeal as settled in terms of this compromise petition and be
pleased to direct the office to draw the decree accordingly, in the
interest of justice and equity."
3. The respondent No.3 herein had handed over the
Demand Draft bearing No.003631 dated 23.01.2025 for a sum of
Rs.3,00,000/- (Rupees Three Lakhs only) drawn on Axis Bank,
Sira Gate Branch, Tumakuru in favour of the appellant-Smt. H.B.
Leelavathi and the respondent No.4 herein had handed over the
Demand Draft bearing No.005991 dated 21.01.2025 for a sum of
Rs.5,00,000/- (Rupees Five Lakhs only) drawn on Canara Bank,
Ashok Nagar Branch, Tumakuru in favour of the appellant-Smt.
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RFA NO.1741 OF 2017
H.B. Leelavathi. Therefore, the impugned judgment and decree
dated 05.09.2017 passed in Original Suit No.18 of 2014 by the Trial
Court deserves to be set-aside and appeal be disposed of in terms
of the compromise petition.
4. In the result, I pass the following:
ORDER
1) The Appeal is hereby disposed of in terms of the
compromise petition;
2) The impugned judgment and decree dated
05.09.2017 passed in Original Suit No.18/2014
on the file of the II Addl. Senior Civil Judge and
JMFC., Tumakuru is hereby modified in terms of
the compromise petition;
3) It is made clear that, in view of the settlement
arrived at between the parties and pursuant to
which, the appellant has received the entire sum
of Rs.8,00,000/- (Rupees Eight Lakhs only) from
respondents 3 and 4 towards full and final
settlement of the claim over the suit schedule
property, the appellant/plaintiff henceforth has no
right/title/interest over the suit schedule property
or any of its portion;
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RFA NO.1741 OF 2017
4) Registry of this Court is directed to refund the
entire court fee paid on the memorandum of
appeal back to the appellant/plaintiff forthwith
without further delay;
5) It is also directed that the Trial Court shall refund
the entire court fee paid on the memorandum of
plaint back to the plaintiff forthwith without further
delay.
Sd/-
(S.R. KRISHNA KUMAR)
JUDGE
ARK
