Sri. H.M. Somashekhara Swamy vs Heera Ram Jee S/O. Deepa Ram Jee
2025 Latest Caselaw 9204 Kant

Karnataka High Court

Sri. H.M. Somashekhara Swamy vs Heera Ram Jee S/O. Deepa Ram Jee on 15 October, 2025

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                                                                  NC: 2025:KHC-D:13893
                                                              RSA No. 100767 of 2017


                          HC-KAR




                         IN THE HIGH COURT OF KARNATAKA,AT DHARWAD

                           DATED THIS THE 15TH DAY OF OCTOBER, 2025

                                              BEFORE

                                THE HON'BLE MR. JUSTICE C M JOSHI

                        REGULAR SECOND APPEAL NO. 100767 OF 2017 (SP-)

                         BETWEEN:
                         SRI. H.M. SOMASHEKHARA SWAMY
                         S/O. LATE MARISWAMY,
                         AGE: 68 YEARS, OCC. AGRICULTURIST,
                         R/O. HATCHOLLI VILLAGE, TQ. SIRUGUPPA,
                         DIST. BALLARI-583122.
                                                                            ...APPELLANT
                         (BY SRI. GODE NAGARAJA, ADVOCATE)

                         AND:

                         HEERA RAM JEE S/O. DEEPA RAM JEE,
                         AGE: 41 YEARS, OCC. AGRICULTURIST,
                         R/O. SIRUGUPPA, TQ. SIRUGUPPA,
                         DIST. BALLARI-583121.
           Digitally
           signed by
           YASHAVANT
                                                                          ...RESPONDENT
           NARAYANKAR
YASHAVANT
NARAYANKAR Date:         (BY SRI. S.K. NADAMANI, ADVOCATE)
           2025.10.16
           10:47:42
           +0530

                               THIS RSA IS FILED UNDER SECTION 100 OF CPC, 1908,
                         PRAYING TO CALL FOR THE TRIAL COURT RECORDS AND ALLOW THE
                         APPEAL AND SET ASIDE THE JUDGEMENT & DECREE DTD:15.11.2016
                         PASSED BY THE COURT OF I ADDITIONAL DISTRICT AND SESSIONS
                         JUDGE BALLARI, IN R.A.NO.43/2014 AND THE JUDGMENT AND
                         DECREE DTD 01.09.2014, PASSED BY THE LEARNED II ADDL. SENIOR
                         CIVIL JUDGE, BALLARI IN O.S. NO.108/2011 AND THE SUIT MAY BE
                         DISMISSED AS PRAYED FOR AND ETC.

                              THIS APPEAL, COMING ON FOR ADMISSION           THIS   DAY,
                         JUDGMENT WAS DELIVERED THEREIN AS UNDER:
                                 -2-
                                            NC: 2025:KHC-D:13893
                                          RSA No. 100767 of 2017


HC-KAR




                         ORAL JUDGMENT

(PER: THE HON'BLE MR. JUSTICE C M JOSHI)

Learned counsel appearing for both the sides, together file

a petition under Order XXIII Rule 3 of the Code of Civil

Procedure, recording the settlement reached between the

parties. The appellant and the respondent are present along with

their counsels and are duly identified.

2. On perusal of the compromise petition, this Court is

satisfied that the said settlement is legal and is in the interest of

both the parties. The appellant who is present before this Court

submits that he would pay a sum of Rs.19,00,000/- within the

stipulated period mentioned in the compromise petition and on

his failing to pay the said amount to the respondent, the

respondent is at liberty to execute the decree for specific

performance of the contract of agreement of sale. Therefore, the

compromise entered into between the parties is accepted.

3. The impugned judgments of the Trial Court and the

First Appellate Court are set-aside and the appeal is disposed off

in terms of the compromise petition. A decree to be drawn in

NC: 2025:KHC-D:13893

HC-KAR

terms of the compromise petition and the compromise petition

shall be part of the decree. The Court fee paid is to be refunded

to the appellant as per law.

SD/-

(C M JOSHI) JUDGE

RKM/CT:PA