Research › Search › Judgment

Karnataka High Court · body

2013 DIGILAW 1344 (KAR)

Saraswathi Bai v. L. Shivaprakash

2013-11-28

ASHOK B.HINCHIGERI

body2013
JUDGMENT 1. The parties have filed the joint compromise petition invoking Order XXIII Rule 3 of the CPC. It is signed by all the parties and their respective learned advocates. All the parties except the appellant No.5 are present before the Court. They state that they have entered into this settlement of their own volition and without any duress from anybody. They and their signatures are identified by their respective learned advocates. 2. The joint compromise petition is taken on record. It reads as follows: 1. The parties to the above appeal submit that the matter in dispute in the above appeal is amicably settled between the parties in the following manner at the intervention of the well-wishers of both the parties and the Hon'ble Court. 2. The respondent herein had filed the suit in O.S.No.7424/2001 on the file of the 17th Additional City Civil Judge, Bangalore for the relief of specific performance of the agreement dated 27.9.2000 executed by the deceased Smt.Saraswathi Bai, her son Sri R.Suresh Kumar Singh i.e. the 6th appellant herein and Smt.Shobha S.Singh W/o Sri R.Suresh Kumar Singh i.e. 7th appellant in the above appeal in favour of Sri L.Shivaprakash. According to the agreement dated 27.9.2000, the sale consideration was Rs.5.00 lakhs out of which Rs.3.00 lakhs was paid as advance by the respondent to the deceased Smt.Saraswathi Bai and appellants 6 & 7 though the defendants in the suit deny the claim of the respondent but however the trial court was pleased to decree the suit by its Judgment and Decree dated 21.7.2010 directing the defendants to execute the sale deed in favour of the respondent herein (plaintiff in the trial court) by receiving the balance amount of Rs.2.00 lakhs and also directed to give vacant possession of the suit property. 3. The Judgment and Decree of the trial court dated 21.7.2000 is challenged in the above appeal by the defendants to the suit. 4. The parties to the above appeal submit that the respondent has agreed to receive Rs.6.00 lakhs from the appellants in full and final settlement of all his claims under the decree of the trial court and he has no objections to allow the above appeal and set aside the impugned Judgment and Decree. 5. 4. The parties to the above appeal submit that the respondent has agreed to receive Rs.6.00 lakhs from the appellants in full and final settlement of all his claims under the decree of the trial court and he has no objections to allow the above appeal and set aside the impugned Judgment and Decree. 5. The Appellants have agreed to pay Rs.6.00 lakhs to the respondent herein and have paid Rs.6.00 lakhs to the respondent by way of Demand Draft bearing No.016559 for Rs.6.00 lakhs dated 25.11.2013 issued by Axis Bank, Sanjay Nagar Branch, Bangalore in full and final settlement of the claim of the respondent. 6. The parties to the above appeal submit that in view of the settlement between the parties, they have no other claims against each other. 7. The respondent reports the receipt of Rs.6.00 lakhs from the appellants by way of aforesaid Demand Draft and gives up all his claims under the impugned decree. Therefore under the circumstances, the parties to the above appeal pray that this Hon'ble Court be pleased to dispose off the above appeal in terms of the compromise petition, in the interest of justice and equity. The appellants further pray that this Hon'ble Court be pleased to order for refund of the full court fee paid on the appeal, in the interest of justice and equity. 3. Recording and accepting the joint compromise petition, the terms of which are extracted hereinabove, this appeal is disposed of. 4. The office is directed to return the entire Court fee to the appellants' side.