IN THE HIGH COURT OF KARNATAKA, BENGALURU DATED THIS THE 06TH DAY OF DECEMBER, 2019 PRESENT THE HON’BLE MRS. JUSTICE B.V.NAGARATHNA AND THE HON’BLE MS. JUSTICE JYOTI MULIMANI R.F.A. No.45/2018 (SP) BETWEEN:
B. RAVI S/O LATE EREGOWDA AGED ABOUT 47 YEARS R/AT. MANJUSHRI NILAYA B.KATIHALLI, KOPPALU KASABA HOBLI HASSAN TALUK AND DISTRICT – 576 101.
... APPELLANT (By SRI. VIGHNESHWAR S SHASTRI, ADVOCATE ) AND A RAMESH S/O LATE ANNAJIGOWDA AGED ABOUT 55 YEARS R/AT. MAVINAKERE VILLAGE HOLEKOTE HOBLI H.N.PURA TALUK HASSAN DISTRICT-576101 ... RESPONDENT (BY SRI. CHETHAN B. ADVOCATE FOR RESPONDENT) THIS RFA IS FILED UNDER SECTION 19 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 23.10.2017 PASSED IN OS NO.119/2015 ON THE FILE OF THE ADDITIONAL, SENIOR CIVIL JUDGE, HASSAN DECREEING THE SUIT FOR SPECIFIC PERFORMANCE.
THIS APPEAL COMING ON FOR ORDERS THIS DAY, NAGARATHNA J., DELIVERED THE FOLLOWING:-
J U D G M E N T This appeal is listed on the memo filed for disposal of appeal. However, learned counsel for the respective parties submit that a compromise has been arrived at between the parties and therefore, the appeal may be disposed of in terms of the settlement arrived at between the parties.
2. An application under Order XXIII Rule 3 read with Section 151 of the Code of Civil Procedure, 1908 (CPC) has also been filed. The defendant in O.S.No.119/2015 has filed this appeal assailing the judgment and decree passed in the said suit dated 23/10/2017 by the Addl. Senior Civil Judge, Hassan. The said suit was filed by the respondent/plaintiff seeking the relief of specific performance of an agreement to sell dated 13/08/2014. By the impugned judgment and decree, the said suit was decreed.
3. Learned counsel for the respective parties submit that since the parties have settled their dispute in Ex.No.32/2018, on the file of the Addl. Senior Civil Judge, Hassan, the compromise petition has been filed and hence, the appeal may be disposed of accordingly.
4. The parties are present before this Court.
They have been identified by their respective counsel.
5. When queried by this Court, the parties stated that they have indeed arrived at a settlement and that the same has been arrived at by them on their free volition and without there being any coercion or undue influence from any quarter and that they would abide by the terms of the compromise arrived at which are stated in the application under Order XXIII Rule 3 read with Section 151 of the CPC. The same is taken on record. The terms of the statement are as under:
“The appellant and respondent above named most humbly submits as follows:
1. The Appellant/Defendant has filed the above appeal challenging the Judgment and decree dated 23.10.2017 passed by the Additional Senior Civil Judge Hassan in O.S.NO.119/2015, decreeing the suit for specific performance. The Respondent/ Plaintiff initiated Ex.No.32/2018 before the executing court. During the pendency of the said execution proceedings both Appellant/Defendant and respondent/Plaintiff have compromised the matter at the intervention of elders and well- wishers.
2. The Appellant/Defendant has paid an amount of Rs.13,00,000/- (Rupees Thirteen lakh only) received under the registered agreement of sale dated 13/08/2014 and also with interest and cost i.e., totally a sum of Rs.25,00,000/-(Rupees twenty five lakh only) to the Respondent/Plaintiff.
3. The respondent/Plaintiff also agreed for cancellation of the registered agreement of sale dated 13/08/2014 before the Hassan Sub registrar office whenever the Appellant/Defendant calls for cancellation.
4. The Respondent/Plaintiff has deposited Rs.7,00,000/-(Rupees Seven lakh only) on 13/07/2017 in O.S.No.119/2015 (Judicial deposit No.459/2017-18, R.O. No.75484) said amount to be received by the Respondent/Plaintiff and Appellant/Defendant has no right over the said deposit.
5. It is agreed between the parties in the compromise petition filed in the execution proceedings that the above stated terms to be incorporated in the present compromise petition which were already stated in the compromise petition filed in execution proceeding No.32/2018 before the Additional Senior Civil Judge, Hassan.
6. Further the Appellant/Defendant is entitled to receive court fee paid in the above appeal.
7. Under the above circumstances the Hon’ble court be pleased to set aside the Judgment and decree dated: 23/10/2017 passed by the Additional Senior Civil Judge, Hassan in O.S.No.119/2015 and above appeal may kindly be disposed off in terms of above compromise in the interest of justice and equity.”
6. The order sheet of Ex.No.32/2018 has also been appended. On perusal of the terms of the settlement, we find that they are lawful and that there is no legal impediment for accepting the compromise arrived at between the parties. In the circumstances, the appeal is disposed of in terms of the compromise arrived at between the parties by modifying the impugned judgment and decree in the aforesaid terms.
7. In view of the dispose of the appeal, Registry to refund 75% of the Court fee paid by the appellant to be paid to the appellant in the name of the appellant under Section 66(2)(c) of the Karnataka Court Fees and Suits Valuation Act, 1958.
8. At this stage, learned counsel for the appellant submits that the appellant was unwell and therefore, he may be permitted to receive the cheque drawn in the name of the appellant.
9. The Registry to refund the amount paid by way of cheque drawn in favour of the appellant to appellant’s counsel.
10. The amount of Rs.7.00 lakh deposited by the respondent/plaintiff before the trial Court to be refunded to him by the trial Court.
11. Office to draw up a decree in the aforesaid terms forthwith.
Sd/- JUDGE Sd/- JUDGE S*