- 1 - HC-KAR NC: 2025:KHC:44667-DB RFA No. 1917 of 2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF NOVEMBER, 2025 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MS. JUSTICE TARA VITASTA GANJU REGULAR FIRST APPEAL NO. 1917 OF 2017 BETWEEN: 1. SMT N VEENA W/O V SOMANNA AGED ABOUT 43 YEARS, PRESENTLY R/AT NO.16, 2ND CROSS 2ND BLOCK, HBR LAYOUT BEHIND BDA COMPLEX BANGALORE 43 …APPELLANT (BY SRI. ANIL KUMAR M V., ADVOCATE) AND: 1. K E SANDEEP S/O K ESHWAR RAO NO.362, 2CM, OMBR LAYOUT CHIKKA BANASAWADI BANGALORE 43 …RESPONDENT (BY SRI. H V NAVEEN KUMAR RAO., ADVOCATE) THIS RFA IS FILED UNDER SECTION 96 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 28.08.2017 PASSED IN O.S.NO.26748/2011 ON THE FILE OF THE LVII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, MAYO HALL UNIT, BENGALURU, REJECTING THE SUIT FOR SPECIFIC PERFORMANCE. Digitally signed by VASANTHA KUMARY B K Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:44667-DB RFA No. 1917 of 2017 THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE D K SINGH and HON'BLE MS. JUSTICE TARA VITASTA GANJU ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE D K SINGH) The present regular first appeal has been filed by the defendant in O.S.No.26748/2011 instituted by the respondent/plaintiff for specific performance of the agreement of sale dated 26.10.2008 executed between the parties for sale of Schedule-A and B properties of the plaint. 2. The Trial Court rejected the claim of the plaintiff for specific performance of the plaint, however the defendant has been directed to pay Rs.13,00,000/- within two months with interest at 12% per annum from 26.01.2009 till the date of realization of the said amount. The defendant has filed this appeal only with respect to the quantum of interest. It is not in dispute that the agreement of sale was in respect of the property and it was not a commercial transaction. 3. Therefore, we are of the view that the interest awarded by the Trial Court at 12% per annum is on higher side. - 3 - HC-KAR NC: 2025:KHC:44667-DB RFA No. 1917 of 2017 Considering the provisions of Section 34 of CPC and also taking note of the judgment and decree passed by the Trial Court, we reduce the interest to 8%. It is admitted by the respondent/ plaintiff that appellant/defendant has paid a sum of Rs.13,00,000/- on 07.07.2018. We, therefore, direct the Appellant/defendant to pay interest at 8% per annum from 26.01.2009 to 07.07.2018 on Rs.13,00,000/- within a period of two months. With the aforesaid, the appeal is disposed off. Sd/- (D K SINGH) JUDGE Sd/- (TARA VITASTA GANJU) JUDGE RKA List No.: 1 Sl No.: 8