IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF NOVEMBER, 2019 PRESENT THE HON'BLE MRS. JUSTICE B.V.NAGARATHNA AND THE HON’BLE MR. JUSTICE SURAJ GOVINDARAJ R.F.A. NO.1539 OF 2019 (SP) BETWEEN:
1. SMT. GOWRAMMA AGED ABOUT 55 YEARS W/O LATE SRI. K. NAGARAJ 2. SRI. N. RAGHAVENDRA AGED ABOUT 36 YEARS S/O LATE SRI. K. NAGARAJ 3. SMT. RANJITHA AGED ABOUT 29 YEARS D/O K. NAGARAJ ALL RESIDING AT:
4TH SHOP LANE TATA SILK FARM BASAVANAGUDI BANGALORE-560004. ... APPELLANTS (BY SMT. CHAMPOO.K.S, ADVOCATE FOR M/S SASTRY & CO.,) AND:
SRI. RAVI KUMAR. R AGED ABOUT 56 YEARS S/O SRI. K.M. RAMAREDDY R/A NO.18, 7TH CROSS, 30TH MAIN BSK 3RD STAGE BANGALORE-560085 ... RESPONDENT (BY SRI. M.S. NAGARAJA, ADVOCATE) THIS APPEAL IS FILED UNDER SECTION 96 RULE 1 OF CODE OF CIVIL PROCEDURE, 1908 AGAINST THE JUDGMENT AND DECREE DATD 11.01.2019 PASSED IN OS NO.586/2015 ON THE FILE OF THE XL ANDDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU DECREEEING THE SUIT FOR SPECIFIC PERFORMANCE.
***** THIS APPEAL COMING ON FOR ADMISSION, THIS DAY, NAGARATHNA J., DELIVERED THE FOLLOWING:-
JUDGMENT 1. Though this appeal is listed for admission, with the consent of both the parties, it is heard finally.
2. The defendants in O.S.No.586/2015 have filed this appeal assailing the judgment and decree passed by the XL Additional City Civil and Sessions Judge, at Bengaluru in the said suit dated 11th January 2019. The said suit was filed by the respondent-plaintiff seeking the relief of specific performance of the agreement dated 14.12.2012. By the impugned judgment and decree, the suit has been decreed with costs directing the appellants- defendants herein to execute the registered sale deed in the name of the respondent-plaintiff by receiving balance consideration amount of Rs.5,00,000/- within a period of three months, failing which, the sale deed will be executed through the process of court.
3. Learned counsel for the appellants submits that the impugned judgment and decree is virtually an ex- parte one as the appellants herein who are the defendants in the suit did not cross-examine the plaintiffs’ witnesses viz., PWs-1 and 2 nor they let in any evidence in the matter. Therefore, the appeal may be allowed and remanded so as to grant an opportunity to the appellants to cross examine the plaintiffs’ witnesses and to let in their evidence also and to participate in the suit proceedings.
4. Learned counsel for the respondent submitted that if this Court is to remand the matter, then, the same could be subject to payment of costs to the respondent- plaintiff, who has been granted a decree of specific performance. He further submitted that this Court may remand the matter subject to the suit proceedings being concluded within the time frame.
5. Submission of the learned counsel for the plaintiff is placed on record.
6. In the circumstances, we find that it is unnecessary to pass a judgment in detail while remanding the matter to the trial court as the learned counsel for the respondent has consented to remand the matter to the trial court.
7. Therefore, the impugned judgment and decree passed by the XL Additional City Civil and Sessions Judge, at Bengaluru in O.S.No.586/2015 dated 11th January 2019 is set aside. The matter is remanded to the trial court in order to given an opportunity to the appellants to cross- examine PWs.1 and 2 and to let in their evidence and to participate in the suit proceedings subject to payment of costs of Rs.30,000/- to the plaintiff.
Since the parties are represented by their respective counsel, they shall appear before the concerned trial Court on 3rd December 2019 without expecting any separate notices from the said Court. On the said date or any other date to be stipulated by the trial court, the appellants shall pay costs of Rs.30,000/- to the respondent-plaintiff.
Since the suit is of the year 2015 and the impugned judgment and decree of the trial court has been set aside, at the instance of the appellants herein, the appellants shall cooperate for expeditious disposal of the suit.
The trial court shall dispose of the suit within a period of six months from 3rd December 2019.
Since the appeal is disposed of at this stage by a consent order, appellants are entitled to refund of 75% of the court fee paid by them before this Court under Section 66(2)(c) of the Karnataka Court Fees and Suits Valuation Act, 1958.
Ordered accordingly.
It is needless to observe that the trial court shall not commence further proceedings in the suit until and unless costs of Rs.30,000/- is paid by the appellants to the respondent-plaintiff.
In view of disposal of the appeal, I.A.No.2/2019 stands disposed.
Sd/- JUDGE Sd/- JUDGE Prs*