IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

DATED THIS THE 14TH DAY OF NOVEMBER, 2016

PRESENT

THE HON'BLE MR. JUSTICE ASHOK B. HINCHIGERI

AND

THE HON'BLE MR. JUSTICE P.S. DINESH KUMAR

R.F.A.No.4023 OF 2012 C/W. R.F.A.CROB.No.100012 OF 2014

R.F.A.No.4023/2012:

BETWEEN:

Chandrahas, Shantappa Vernekar, Age: 61 years, Occ: Business And Agriculture, R/o.Shanti Colony, Vidyanagar, Hubli – 580 020. … Appellant

(By Sri C.N.Harlapur, Advocate)

AND:

1. Marigouda Gurangouda Patil, Aged about 36 years, Occ: Agriculture, R/o.Bammapur Oni, Hubli – 580 020.

• 2. Shankargouda Gurangouda Patil, Aged about 33 years, Occ: Agriculture R/o.Bammapur Oni, Hubli – 580 020.
• 3. Smt.Suprabhat, D/o.Gurangouda Patil, Aged about 30 years, Occ: Agricutlure, R/o.Bammapur Oni, Hubli – 580 020.
• 4. Mallikarjun Mallappa Shirur, Age: Major, Occ: Agricutlure, R/o.Gopankoppa, Hubli – 580 020.
• 5. Government of Karnataka, represented by the Deputy Commissioner Dharwad, Dist: Dharwad – 580 006.
• 6. Tahasildar, Hubli, Tq.Hubli – 580 020. … Respondents

(By Sri Mahesh Wodeyar, Advocate for R1 to R3: Sri Prakash K.Jawalkar, Advocate for R4: R5 & R6 deleted vide Court order dated 11.06.2012)

This R.F.A. is filed under Section 96 of CPC, 1908 against the judgment and decree dated 03.01.2012 passed in O.S.No.153/2009 on the file of the Prl. Senior Civil Judge Hubli, decreeing the suit filed for specific performance of contract, declaration, injunction and in the alternative for refund of earnest money, etc.

R.F.A.CROB.No.100012/2014:

BETWEEN:

• 1. Marigouda Gurangouda Patil, Aged about 47 years, Occ: Agriculture.
• 2. Shankargouda Guranagouda Patil, Aged about 38 years, Occ: Agriculture.
• 3. Smt.Suprabhat Gurangouda Patil, Aged about 35t years, Occ: Household work and Agriculture.

All are R/o.Bommapur Oni, Hubli – 580 020. …Cross objectors

(By Sri Mahesh Wodeyar, Advocate)

AND:

• 1. Chandrahasa Shantappa Vernekar, Aged about 61 years, Occ: Business, R/o.Shanti Colony, Vidyanagar, Hubli – 5.
• 2. Mallikarjun Mallappa Shirur, Major, Occ: Agriculture, R/o.Gopanakoppa, Hubli – 580 020.
• 3. Government of Karnataka, Rep. by its Deputy Commissioner, Dharwad, Dist: Dharwad – 580 008.

4. The Tahsildar, Hubli – 580 020. … Respondents

(By Sri C.N.Harlapur, Advocate for R1: Sri Prakash K.Jawalkar, Advocate for R2: R3 & R4 deleted vide Court order, dated 29.04.2015)

This R.F.A. Crob is filed under Order 41 Rule 22 of CPC against the judgment and decree dated 03.01.2012 passed in O.S.No.153/2009 on the file of the Prl. Senior Civil Judge Hubli, decreeing the suit filed for specific performance of contract, declaration, injunction and in the alternative for refund of earnest money, etc.

These R.F.A. and R.F.A. Crob coming on for hearing this day, Ashok B. Hinchigeri J, delivered the following:

J U D G M E N T

This appeal and the cross objection are filed against the judgment and decree, dated 03.01.2012 passed by the Court of the Principal Senior Civil Judge, Hubli in O.S.No.153/2009. The appellant's suit is decreed for refund of a sum of Rs.8,00,000/ with interest at 12% per annum.

2. The parties have arrived at a settlement and have filed a joint memo thereon. It is signed by the appellant and the respondent Nos. 1 to 3 in appeal (cross-objectors) and by their respective learned advocates. The said parties are present before the Court. They and their signatures are identified by their respective learned advocates. The parties state that they have entered into the compromise of their own volition and without any duress from anybody. The joint memo reads as follows:

"The joint memo on behalf of appellant and respondent No.1 to 3 is as under:

Both parties have settled their dispute in the following terms and conditions:

1) The respondent Nos. 1 to 3 have offered Rs.27,00,000/- (rupees twenty seven lakhs only) as full and final settlement of the claim of the appellant and the appellant has accepted the said offer.

2) The respondent No.2 has given Rs.15,00,000/- (rupees fifteen lakhs only) by D.D. bearing No.662/2016 dated 11.11.2016 issued by Karnataka Vikas Grameena Bank, Hubballi Main Branch, issued in favour of appellant.

3) The respondent No.2 has also issued post dated cheque bearing No.123340 dated 20.12.2016 drawn on Karnataka Vikas Grameena Bank, Head Office, Dharwad for Rs.12,00,000/- (rupees twelve lakhs only) in favour of appellant.

4) In case the said posted dated cheque issued by respondent No.2 is not honoured the parties will have liberty to proceed with the appeal and compromise stands cancelled.

5) In view of the above settlement the appellant withdraws the appeal and the same may be disposed off as not pressed. Similarly the respondent Nos. 1 to 3 also withdraw the Cross Appeal No.100012/2014 and same may be disposed of as not pressed.

6) The court fee paid by the appellant in this appeal may be ordered to be refunded in full to the appellant. Similarly court fee paid by the respondent Nos. 1 to 3 in Cross Appeal No.100012/2014 be ordered to be refunded to respondent No.2."

3. The appeal and the cross objections are disposed of in terms of the joint memo extracted hereinabove, as not pressed.

4. The office is directed to refund the 75% of the court fee to the appellant and cross objectors in accordance with law.

Sd/- JUDGE

Sd/- JUDGE

Cm/-