The High Court
Case Details
- 1 - NC: 2025:KHC:11047-DB RFA No. 982 of 2014 C/W RFA No. 1185 of 2014 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF MARCH, 2025 PRESENT THE HON'BLE MRS JUSTICE ANU SIVARAMAN AND THE HON'BLE MR JUSTICE RAJESH RAI K REGULAR FIRST APPEAL NO. 982 OF 2014 (SP) C/W REGULAR FIRST APPEAL NO. 1185 OF 2014 IN RFA No. 982/2014 BETWEEN: SRI.B.V.SRIKUMAR S/O LATE VENKATARAMAIAH AGED ABOUT 54 YEARS R/AT NO.62, 5TH MAIN ROAD CHAMARAJPET BANGALORE-560 018 (BY SRI. H.V. KRISHNAMURTHY AND SRI. LEELADHAR H.P, ADVOCATES) AND: SRI.A.PADMANABHA S/O V.M ANJINAPPA AGED ABOUT 44 YEARS R/AT NO. 17, DOKKANAHALLI INDIRANAGAR, BANGALORE-560 038
Legal Reasoning
(BY SRI. SAGAR B.B AND SRI. S.K. SRINIVAS, ADVOCATES) …APPELLANT …RESPONDENT Digitally signed by HARIKRISHNA V Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:11047-DB RFA No. 982 of 2014 C/W RFA No. 1185 of 2014 THIS RFA IS FILED U/SEC.96 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 16.06.2014 PASSED IN O.S.1130/2006(OLD NO.1128/2005) ON THE FILE OF THE SENIOR CIVIL JUDGE, ANEKAL, PARTLY DECREEING THE SUIT FOR SPECIFIC PERFORMANCE. IN RFA NO. 1185/2014 BETWEEN: SRI. A. PADMANABHA AGED ABOUT 42 YEARS, S/O V.M. ANJANAPPA, R/AT NO.17, DOOKANAHALLI, INDIRANAGAR, BANGALORE-560 038. (BY SRI. SAGAR B.B AND SRI. S.K. SRINIVAS, ADVOCATES) AND: SRI. B.V. SRIKUMAR AGED ABOUT 54 YEARS, S/O LATE VENKATARAMAIAH, RESIDING AT NO.62, 5TH MAIN ROAD, CHAMARAJPET, BANGALORE-560 018. (BY SRI. H.V. KRISHNAMURTHY AND SRI. LEELADHAR H.P, ADVOCATES) ...APPELLANT ...RESPONDENT THIS RFA IS FILED U/SEC.96 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 16.06.2014 PASSED IN O.S.1130/2006 (OLD 1128/2005) ON THE FILE OF THE SENIOR CIVIL JUDGE, ANEKAL, PARTLY DECREEING THE SUIT FOR SPECIFIC PERFORMANCE. THESE APPEALS, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS JUSTICE ANU SIVARAMAN and HON'BLE MR JUSTICE RAJESH RAI K - 3 - NC: 2025:KHC:11047-DB RFA No. 982 of 2014 C/W RFA No. 1185 of 2014 ORAL JUDGMENT (PER: HON'BLE MRS JUSTICE ANU SIVARAMAN) A compromise petitions have been filed in these appeals under Order 23 Rule 3 r/w Section 151 of CPC. 2. The terms of the agreement are extracted hereunder: 1] It is submitted that the land bearing Survey No.42 (New No. 42/1) of Vaderahalli village, Jigani Hobli, Anekal Taluk measuring 1 acre 14 guntas, wherein the appellant herein entered into an agreement in respect of the schedule property and paid the part sale consideration. The plaintiff in this regard had filed the suit in O.S. No.1130/2006 (OS No.1128/2005) before the trial Court 1.e., Senior Civil Judge & JMFC at Anekal for the relief of specific performance of agreement of sale dated 21.05.2003 against the respondent/defendant. The respondent had contested the above suit and subsequently vide judgment and decree dated 16.06.2004, the Hon'ble Court was pleased to dismiss the suit in regard to specific performance of agreement of sale and partly decreed the suit of the plaintiff with cost. Being aggrieved against the portion of the said judgment and decree, the appellant/plaintiff has preferred the above Regular First Appeal before this Hon'ble Court. - 4 - NC: 2025:KHC:11047-DB RFA No. 982 of 2014 C/W RFA No. 1185 of 2014 2. In view of the facts entered into and settlement between the appellant and the respondent herein have arrived at a mutual understanding in the terms of settlement herein below, wherein the respondent has agreed to execute the registered Sale Deed of the suit schedule property in favour of appellant on the following terms and conditions: - a) The respondent agreed in addition to advance payment of sale consideration paid by the appellant herein, the appellant herein has agreed to pay additional sum of Rs.55 lakhs (Rupees Fifty Five lakhs only) to the respondent herein about time lapse took place for the completion agreement of sale and the respondent herein has agreed to receive the said additional sum of sale consideration as full and final settlement for executing the registered sale deed in favour of the appellant herein in respect of the schedule property. b) It is submitted now the said property bearing No.42 was changed to Survey No.42/1 of Vaderahalli village, Jigani Hobli, Anekal Taluk, Bengaluru Rural District which is morefully detailed hereunder to this compromise petition. c) It is further agreed that the respondent/defendant has not only agreed to - 5 - NC: 2025:KHC:11047-DB RFA No. 982 of 2014 C/W RFA No. 1185 of 2014 receive the said additional sale consideration towards execution of registered sale deed in respect of schedule property, he has under-took to get the signatures of his family members as consenting witnesses to the registered sale deed at the time of registration as stated above. d) The respondent/defendant further submits that the additional sale consideration will be paid by the appellant out of which an amount of Rs.5 Lakhs (Rupees Five Lakhs Only) has been paid towards advance sale consideration by way of NEFT/RTGSCNRBR52025021199535323 dated 11.02.2025 through Canara bank South end Road Branch Bengaluru the sale consideration of Balance of Rs.50 Lakhs (Rupees Fifty Lakhs) will be paid at the time of Registration with all Original documents. e) It is further agreed that the respondent in the meantime undertake to get 11-E sketch and other relevant documents in respect of the suit schedule property on or before 31st March 2025 and hand over the said relevant documents in respect of the schedule property to the appellant and confirm the same in regard to execution of registered sale deed in favour of the appellant in respect of schedule property. - 6 - NC: 2025:KHC:11047-DB RFA No. 982 of 2014 C/W RFA No. 1185 of 2014 f) It is further agreed that the family members who are legally entitled for share in respect of the schedule property apart from other properties coming under the respondent/defendant have given consent to act as consenting witnesses to the registered sale deed which would be executed by the respondent in favour of the appellant and they would affix their signatures to the registered sale deed before the competent Sub-Registrar, Anekal Taluk, Anekal for due execution of registered Sale Deed in respect of schedule property with a prior notice of two days by the appellant herein. g) This Compromise is entered into between the appellant and the respondent and his family members and both the appellant and respondent hereby mutally agreed for the aforesaid proposal and withdraw the above Regular First Appeal before this Hon'ble Court on the terms and conditions as stated above in the ends of Justice. In view of the facts stated above, since the appellant is intending to withdraw the above filed by him, this Hon'ble Court be pleased to record the compromise in the terms as stated above and pass an appropriate order for withdrawal of the appeal. h). The appellant herein along with the respondent and his family members submit that, they have settled the matter amicably in the presence of - 7 - NC: 2025:KHC:11047-DB RFA No. 982 of 2014 C/W RFA No. 1185 of 2014 family members and well-wishers to keep the harmony as it was between them and continue the same in future and the said compromise arrived at by the appellant and the respondent is free from force, coercion, pressure, fraud etc., and they are compromising the matter with their free will and consent and knowing the consequences of the said compromise on the aforesaid terms as stated above. Hence, they have arrived at the said compromise of their own free will and conscious. WHEREFORE, the appellant and the respondent above named humbly prays that the Hon'ble Court be pleased to dispose of the above appeal in terms of compromise as stated above and dispose of the appeal as settled out of Court, in the ends of justice. SCHEDULE All that piece and parcel of the agricultural landed property bearing Survey bearing No.42/1 (Old No.42) measuring 1 acre 14 gunta situated at Vaderahalli village, Jigani Hobli, Anekal Taluk, Bengaluru District and being bounded on: East by: Remaining land of same survey number West by: Remaining land of same survey number North by: Road South by: Tulip Resorts - 8 - NC: 2025:KHC:11047-DB RFA No. 982 of 2014 C/W RFA No. 1185 of 2014 3. The parties are present before us today and they submit that the compromise has been entered into between the parties as their won free will and has been reduced to writing in the compromise petition. In view of the compromise entered into between the parties, the appeals are disposed of in terms of the compromise petition. 4. The compromise entered into between the parties will form part of the decree and that parties shall abide with the same and act accordingly. 5. Registry is directed to refund the Court fee as permissible in accordance with law after proper identification in both the matters. SD/- (ANU SIVARAMAN) JUDGE SD/- (RAJESH RAI K) JUDGE KTY List No.: 1 Sl No.: 21