Shri. Kempanna S/O. Babu Kumbar v. Shri. Iarafanahmad S/O. Abdulsattar Attar

NC:(2024:KHC-D:18020-DB( RFA(No.(100091(of(2024( ( (IN(THE(HIGH(COURT(OF(KARNATAKA,((

DHARWAD(BENCH(

THDATED(THIS(THE(9 (DAY(OF(DECEMBER,(2024(

PRESENT(

THE(HON'BLE(MR.(JUSTICE(SREENIVAS(HARISH(KUMAR(

(AND((

(THE(HON'BLE(MR.(JUSTICE(T.(G.(SHIVASHANKARE(GOWDA( ( REGULAR(FIRST(APPEAL(NO.(100091(OF(2024((SP)( (

BETWEEN:(( (

1., SHRI.,KEMPANNA,S/O.,BABU,KUMBAR, AGE.,53,YEARS,,OCC.,AGRICULTURE,, R/O.,BELAVI-591309,, TAL.,HUKKERI,,DIST.,BELAGAVI.,

,

2., SHRI.,SHRIPAL,S/O.,SATTEPPA,KAMATE, AGE.,51,YEARS,,OCC.,AGRICULTURE,, R/O.,BELAVI-591309,, TAL.,HUKKERI,,DIST.,BELAGAVI.,

,

3., SMT.,DEEPA,, W/O.,DUNDAPPA,HONAMANE,@,GHANAGER, AGE.,48,YEARS,,OCC.,HOUSEHOLD,WORK,, Digitallytisigned by0VISHAL R/O.,BELAVI-591309,, NINGAPPA PATTIHAL TAL.,HUKKERI,,DIST.,BELAGAVI., Location:0HIGH COURT0OF KARNATAKA , Date: 2024.12.17 13:20:200+0530 4., SHRI.,APPASAHEB,S/O.,MAYAPPA,SARAPURE, AGE.,57,YEARS,,OCC.,AGRICULTURE,, R/O.,BELAVI-591309,, TAL.,HUKKERI,,DIST.,BELAGAVI., …APPELLANTS, , (BY,SMT.,SURABHI,KULKARNI,,ADVOCATE), , AND:( (

1., SHRI.,IRAFANAHMAD,S/O.,ABDULSATTAR,ATTAR, AGE.,42,YEARS,, OCC.,AGRICULTURE,/,BUSINESS,, NC:(2024:KHC-D:18020-DB( RFA(No.(100091(of(2024( ( ( ( ( R/O.,HUKKERI-591309, TAL.,HUKKERI,,DIST.,BELAGAVI., ,

2., SHRI.,SHIVAGOUDA,S/O.,SHANKARGOUDA,PATIL, AGE.,40,YEARS,,OCC.,AGRICULTURE,, R/O.,JOND,GALLI,, HUKKERI,,TAL.,HUKKERI,, DIST.,BELAGAVI-591309., …RESPONDENTS, , (BY,, SRI.,S.M.,TONNE,,ADVOCATE,FOR,R1;, NOTICE,TO,R2,SERVED), ,, , THIS, RFA, IS, FILED, UNDER, SEC., 96, READ, WITH, ORDER, 41, RULE,1,,OF,CPC.,,, AGAINST,THE,JUDGMENT,AND,DECREE, DATED,

08.11.2023, PASSED, IN, O.S.NO.127/2018, ON, THE, FILE, OF, THE, SENIOR, CIVIL, JUDGE, HUKKERI,, DECREED, , THE, SUIT, FILED, FOR, SPECIFIC,PERFORMANCE,OF,CONTRACT., , , THIS, APPEAL,, COMING, ON, FOR, ADMISSION,, THIS, DAY,, ORDER,WAS,MADE,THEREIN,AS,UNDER;, , CORAM:, THE,HON'BLE,MR.,JUSTICE,SREENIVAS,HARISH,KUMAR, ,AND,, ,THE,HON'BLE,MR.,JUSTICE,T.,G.,SHIVASHANKARE,GOWDA, ( ORAL(ORDER( ( (PER:,THE,HON'BLE,MR.,JUSTICE,T.,G.,SHIVASHANKARE,GOWDA)( , ,, Appellants, No.1, to, 4/defendants, No.2, to, 5, are, present, before, the, Court, along, with, their, learned, Advocates., , Respondent, No.1/plaintiff, is, present, before, the, Court, along, with, his, learned, Advocate., , They, have, been,identified,by,their,respective,Advocates.,,Respondent, No.2/defendant,No.1,is,served,with,the,appeal,notice,but,

he has remained absent. For recording compromise between appellants and first respondent, his presence is not necessary.

¶2Appellants and the first respondent have filed compromise petition under Order XXIII Rule 3 read with Section 151 of CPC, narrating the facts of the case and the property purchased by the appellants from respondent No.2/defendant No.1. Now the appellants have agreed to pay the amount proportionate to the value of the property shown in the agreement dated 05.05.2015 which they purchased from the respondent No.2/defendant No.1 after the agreement dated 05.05.2015 came into being. They have also agreed to pay interest at 12% per annum from

05.05.2015 till 10.03.2025. Calculation works out to Rs.31,05,363/-. The respondent No.1/plaintiff is at liberty to proceed to obtain the sale deed for remaining 26 guntas as per the judgment and decree passed in O.S.No.127/2018 dated 08.11.2023 which is put in

execution in E.P.No.8/2024 on the file of Senior Civil Judge, Hukkeri.

¶3The terms of the compromise are read over both to the appellants and first respondent, they admitted the terms of settlement and the same is voluntary and legal. Hence, the compromise petition is accepted. The appeal is disposed of, in terms of the compromise petition.

¶4In case the appellants fail to pay Rs.31,05,363/- on or before 10.03.2025, the respondent No.1/plaintiff is at liberty to recover the same by proceeding against the property that the appellants have purchased from the respondent No.2/defendant No.1 with interest at 12% per annum, from 10.03.2025 till its realization.

¶5The judgment and decree of the Trial Court is modified accordingly and in terms of the compromise petition.

¶6Refund of Court fee is permitted in accordance with law.

¶7Pending Interlocutory Applications do not survive for consideration and the same are disposed of.

Sd/- (SREENIVAS HARISH KUMAR) JUDGE

Sd/- (T. G. SHIVASHANKARE GOWDA) JUDGE

NAA List No.: 1 Sl No.: 20