- 1 - NC: 2023:KHC:37392-DB RFA No. 2206 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF OCTOBER, 2023 PRESENT THE HON'BLE MR JUSTICE P.S.DINESH KUMAR AND THE HON'BLE MR JUSTICE T.G. SHIVASHANKARE GOWDA REGULAR FIRST APPEAL NO. 2206 OF 2022 (SP) BETWEEN: 1. SMT. YUVARAJ S/O RAMALINGAM AGED ABOUT 43 YEARS 2. SMT. Y ABIRAMI W/O YUVARAJ AGED ABOUT 32 YEARS BOTH ARE RESIDING AT NAGAVARA MAIN ROAD ARABIC COLLEGE POST BENGALURU–560 048. …APPELLANTS (BY SHRI. VINOD PRASAD, ADVOCATE) AND: 1. SRI. S. MUNINANJAPPA S/O LATE SHAMANNA AGED ABOUT 71 YEARS 2. SRI. SHANTHARAJU S/O S. MUNINANJAPPA AGED ABOUT 38 YEARS BOTH ARE RESIDING AT NO.187, 1TH A MAIN ROAD NARASIPURA LAYOUT Digitally signed by YASHODHA N Location: HIGH COURT OF KARNATAKA - 2 - NC: 2023:KHC:37392-DB RFA No. 2206 of 2022 VIDYARANYAPURA BENGALURU–560 097. …RESPONDENTS (BY SHRI. S.B. HALLI, ADVOCATE) THIS RFA IS FILED UNDER SECTION 96 R/W ORDER 41 RULE 1 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 07.08.2021 PASSED IN OS No.1968/2015 ON THE FILE OF THE XIV ADDITIONAL CITY CIVIL JUDGE, BANGALORE, PARTLY DECREEING THE SUIT FOR SPECIFIC PERFORMANCE OF AGREEMENT. THIS RFA, COMING ON FOR ORDERS, THIS DAY, P.S.DINESH KUMAR, J., DELIVERED THE FOLLOWING: JUDGMENT This appeal by the defendants is filed challenging the order dated 07.08.2021 in O.S.No.1968/2015 passed by the XIV Additional City Civil Judge, Bangalore. 2. Heard Shri Vinod Prasad, learned advocate for the appellants and Shri S.B.Halli, learned advocate for the respondents. 3. Shri Halli submitted that parties have settled the dispute whereunder appellants had promised to pay Rs.32 Lakhs. Out of the said amount, the appellants have paid Rs.11.80 Lakhs and they have violated the undertaking given to this court on 11.09.2023. The appellants have been taking adjournments and not complying with the order. - 3 - NC: 2023:KHC:37392-DB RFA No. 2206 of 2022 4. Shri Vinod Prasad again seeks time to pay the balance amount. 5. This appeal is dismissed for violation of the undertaking dated 11.07.2020. 6. At this stage, Shri Vinod Prasad requested time till 29.10.2023 to make the payment. 7. Shri Halli submitted that if application for recalling is made along with the demand draft, he shall have no objection for recalling of this order. His submission is placed on record. Sd/- JUDGE Sd/- JUDGE YN List No.: 1 Sl No.: 24