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2025 DAILYLAW 20051 (KAR)

SHRI. THIMME GOWDA v. SHRI. T. MANJE GOWDA

RSA/579/2018 · 2025-03-19

Ashok S Kinagi

body2025

Judgment text

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- 1 - NC: 2025:KHC:11608 RSA No. 579 of 2018 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE ASHOK S.KINAGI REGULAR SECOND APPEAL NO. 579 OF 2018 (SP) BETWEEN: 1. SHRI. THIMME GOWDA S/O. LATE RUDRE GOWDA AGED ABOUT 52 YEARS 2. SMT. PREMA W/O. THIMME GOWDA AGED ABOUT 46 YEARS 3. MS. GHANAVI D/O. THIMME GOWDA AGED ABOUT 19 YEARS 4. KUM. DHARSHINI D/O. THIMME GOWDA AGED ABOUT 17 YEARS MINOR REP. BY FATHER THIMME GOWDA ALL ARE R/AT SINGAPATNA VILLAGE KASABA HOBLI HASSAN TALUK AND DISTRICT-573 201. 5. SMT. APOORVA S.T. W/O. DHARMENDRA AGED ABOUT 24 YEARS R/AT SIDLAHOSALLI VILLAGE KATTAYA HOBLI HASSAN TALUK AND DISTRICT-573 201. Digitally signed by SUNITHA K S Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:11608 RSA No. 579 of 2018 6. MS. ARPITHA D/O. THIMME GOWDA AGED ABOUT 23 YEARS R/AT SINGAPATNA VILLAGE KASABA HOBLI HASSAN TALUK AND DISTRICT-573 201. …APPELLANTS (BY SRI. D. NAGARAJ, ADVOCATE) AND: 1. SHRI. T. MANJE GOWDA S/O. LATE PATEL THIMME GOWDA AGED ABOUT 51 YEARS R/AT UDDUR VILLAGE KASABA HOBLI HASSAN TALUK AND DISTRICT-573 201. …RESPONDENT (BY SRI. A. RAVISHANKAR, ADVOCATE) THIS RSA IS FILED UNDER SEC.100 OF CPC, AGAINST THE JUDGMENT AND DECREE DTD04.11.2017PASSED IN RA NO.413/2014 ON THE FILE OF THE II ADDITIONAL DISTRICT AND SESSIONS JUDGE, HASSAN, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 21.08.2014 PASSED IN OS.NO.247/2006 ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, HASSAN. THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 3 - NC: 2025:KHC:11608 RSA No. 579 of 2018 CORAM: HON'BLE MR JUSTICE ASHOK S.KINAGI ORAL JUDGMENT The appellants and respondent are present before the Court. The parties are identified by their respective learned counsel. They have filed memorandum of compromise petition. The terms of the compromise petition reads as under: 1. The Respondent had filed a suit for Specific Performance of Contract of the registered Sale Agreement dated 9.11.2005, directing the Defendants / Appellants herein to execute and register the sale deed in his favour with respect to the suit schedule property measuring 3 Acres 2 1½ guntas in Sy.No.53 of Singapatna Village, Kasaba Hobli, Hassan Taluk, more clearly described in the Schedule 'A' herein below, in O.S.247/2006 on the file of the 2nd Additional Civil Judge (Sr.Dn.), Hassan. 2. Upon contest, the said suit came to be decreed on 21.8.2014 with costs, holding that the Plaintiff /Respondent herein is entitled for specific performance of contract of the registered Sale Agreement dated 9.11.2005, with a direction to the Appellants herein to execute the registered sale deed in favour of the Respondent, by receiving the balance sale consideration of Rs.50,000/- from the Plaintiff. 3. The Appellants herein carried the matter in Appeal, challenging the judgment and decree of the Trial Court before the II Additional District and Sessions Judge, Hassan, in R.A.412/2014. Upon hearing, the First Appellate Court, dismissed the Appeal, vide judgment and decree dated 4.11.2017, confirming the judgment and decree of the Trial Court. 4. Aggrieved by the judgment and decree passed by the Trial Court, as well the First Appellate Court, the - 4 - NC: 2025:KHC:11608 RSA No. 579 of 2018 Defendants / Appellants herein have preferred the above Appeal. 5. As per the guidance of this Hon'ble Court, advise of the well-wishers, friends and relatives and upon mediation, conciliation, the parties have compromised their dispute under the following terms and conditions: i) The Appellants/Defendants have agreed to execute sale deed with respect to the portion of suit schedule property to an extent of 1 Acre 20 Guntas out of the larger extent of 3 Acres 2½ Guntas in Sy.No.53 of Singapatna Village, Kasaba Hobli, Hassan Taluk. The property to be conveyed in favour of the Plaintiff / Respondent herein is shown as Schedule-B to the Compromise Petition which is shown as Block-1 in the rough sketch attached to this compromise petition. ii) The Appellants have agreed to convey the Schedule-B property to this compromise petition in favour of Respondent / Plaintiff by receiving balance sale consideration of Rs.50,000/-. The Defendants / Appellants herein confirm that they will not claim any right whatsoever over the Schedule-B property to this compromise petition and interfere with the possession of the Respondent / plaintiff over the schedule 'B' property to this compromise petition. iii) The said schedule 'B' property to this compromise petition would be conveyed in favour of the Respondent/Plaintiff for his absolute enjoyment, without any fetters. The Plaintiff / Respondent herein is put in possession of this extent of property indicated in Schedule-B to this compromise petition. iv) The Plaintiff / Respondent herein confirms that he is put in possession of Schedule-B property to this compromise petition and he has no claim over the remaining extent of property i.e. 1 Acre 22½ Guntas in Sy.No.53 of Singapatna Village, Kasaba Hobli, Hassan Taluk, which is more clearly indicated as Schedule-C to this compromise petition, which is also shown as Block-II in the annexed rough sketch. v) The Appellants / Defendants covenant that they have not encumbered the property in any manner and the property conveyed to the Plaintiff/Respondent herein with - 5 - NC: 2025:KHC:11608 RSA No. 579 of 2018 respect to Schedule-B property to this compromise petition is free from encumbrance, minor claims and attachment. They further covenant that they would receive the balance sale consideration of Rs.50,000/- at the time of execution of sale deed in favour of the Respondent/Plaintiff Sri T. Manje Gowda. vi) The Plaintiff / Respondent herein covenants that he has no right over Schedule-C property to this compromise petition measuring 1 Acre 22½ Guntas and he shall have no right whatsoever over the said extent of property in Sy.No.53. vii) The Parties mutually agree that the A-Schedule property to this compromise petition is the suit schedule property. B-Schedule property to this compromise petition measuring 1 Acre 20 Guntas is to be conveyed in favour of the Respondent/Plaintiff T.Manjegowda by the Defendants / Appellants herein in terms of the Registered Sale Agreement dated 9.11.2005 as per the compromise entered into in the above Appeal before this Hon'ble Court. viii) Schedule-C property to this compromise petition measuring 1 Acre 22½ Guntas is the extent of land retained by the Defendants / Appellants herein out of the larger extent of schedule-A property to this compromise petition. ix) The Plaintiff and the Defendants agree that the boundaries mentioned to Schedule-B and Schedule-C property to this compromise petition are correct and the division made is clear and the parties can enjoy their respective shares independently without any disturbance from the other party. The Appellants/Defendants agree to convey schedule-B property to this compromise petition to the Plaintiff on or before 10th day from the day of securing IIE Stretch. x) The Respondent/Plaintiff has to bear the cost of registration of the sale deed with respect to Schedule-B property to this compromise petition. xi) The Defendants / Appellants are liable to furnish certified copy of the following documents: - 6 - NC: 2025:KHC:11608 RSA No. 579 of 2018 a) Palupatti b) Mutation c) Genealogical tree d) 11-E Sketch e) RTC f) Durasth xii) The Appellants/Defendants Thimmegowda have taken the responsibility of securing 11-E Sketch of the suit schedule property and also Phodi documents to ensure that the property conveyed to the Respondent/Plaintiff is distinguishable, identifiable with the other property retained by the Defendants. 6. The above compromise is entered into between the parties with their own volition and without there being any fraud, coercion or misrepresentation. The compromise is for the benefit of both the parties and to end the longstanding litigation between them. 7. The 1st Appellant / 1st Defendant Thimmegowda along with other appellants / defendants agree to secure 11E sketch and Phodi sketch within 30.04.2025 and after securing the document they shall intimate it to the Respondent/ Plaintiff or to their advocate and thereafter with in 10 days from the date of such intimation the appellants / defendants shall execute the sale deed infavour of the Plaintiff/respondent. 8. The decree to be drawn in pursuance to this compromise petition. In the event the defendants fail to execute the sale deed as per the terms of this compromise petition, the Plaintiff / Respondent is at liberty to get the sale deed executed through the agency of the court by filing necessary execution petition before the trial court with respect to Schedule 'B' to this compromise petition. 9. The rough sketch is attached to this compromise petition, indicating Schedule-B as Block-I and Schedule-C as Block-II properties. The larger property indicated as Schedule-A to this compromise petition is the suit schedule property. 10. The parties shall bear the cost of the litigation. - 7 - NC: 2025:KHC:11608 RSA No. 579 of 2018 11. The Court Fee paid by the Appellants may be refunded in terms of the compromise petition. Schedule-A property (suit schedule property) An agricultural property bearing Sy.No.53 M.R.No.5/01-02 dry land measuring 3 Acres 2 ½ Guntas, Assessment 6-00 situated at Singapatana Village, Kasaba Hobli, Hassan Taluk and bounded by: East : Property of Prakash West : Property of Venkatesh North : Property of Siddegowda South : Property of Venkategowda Schedule-B property (Property allotted in favour of Respondent/Plaintiff T.Manje Gowda) Agricultural property bearing Sy.No.53 dry land measuring 1 Acre 20 Guntas situated at Singapatna Village, Kasaba Hobli, Hassan Taluk and bounded by: East : Road and then property of Prakash West : Property of Venkatesh North : Property of Sidde Gowda South : Block-II - 1 Acre 22½ Guntas in this Survey number retained by Appellants. Schedule-C property (Property retained by Appellants / Defendants Sri Thimmegowda and his family members) Agricultural property bearing Sy.No.53 dry land measuring 1 Acre 22½ Guntas situated at Singapatna Village, Kasaba Hobli, Hassan Taluk and bounded by: East : Road and then property of Prakash West : Property of Venkatesh North : Block-II- 1 Acre 22½ Guntas in this Survey number conveyed to Respondent/plaintiff. South : Property of Venkatesh Gowda.” - 8 - NC: 2025:KHC:11608 RSA No. 579 of 2018 2. The contents of the compromise petition is read over to them in the language known to them. They have understood and accepted the terms and conditions of the compromise petition and prays to dispose of the appeal in terms of the compromise. 3. The compromise petition is placed on record. 4. Accordingly, the appeal is disposed of in terms of the compromise. 5. Office is directed to draw decree accordingly and refund the Court fee in favour of appellant No.6, as the other appellants have no objection to refund the Court fee in favour of appellant No.6. 6. Learned counsel for the appellants submits that the appellants have deposited a sum of Rs.1,00,000/- (Rupees One Lakh) and prays to refund the said amount in favour of the appellants. - 9 - NC: 2025:KHC:11608 RSA No. 579 of 2018 7. Submission is placed on record. Office is directed to refund the said amount with accrued interest in favour of appellant No.6. In view of the disposal of the appeal, I.A.No.1/2025 does not survive for consideration and is accordingly disposed of. Sd/- (ASHOK S.KINAGI) JUDGE SKS