Karnataka High Court
K N Raghavendra vs Muniyappa on 15 September, 2009
Bench: K.L.Manjunath, B.V.Nagarathna
_. 1 M
IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 15""; DAY OF' SEPTEMBER, 2009
PRESENT
THE HON'BLE MRJUSTECE K.L.MANJU;~g'zm"i;_~ .. A
AND
THE HONBLE MRS.JUST1c3;§ B,\_fiNAGSAf?g§Ti~::\1A.CS:_" 'V: S 1:'
£903 9099
BETWEEN: 1' A' A
K N RAGHAVENVDRA
AGE 46 YRS ~
S/O LATE K.S. NARA'{_Ai\IA _
NO.33/35;--SOURASTRPET._'»._ ' "
BANGALoRE:--53 "
'''' A ...APPELLANT
(By Sii; B N
AND: A A A A
MUNIYAPP-Av
A. MAJOR ....... ..
V. ., § S/O VENKATAPPA
V _ " 0. W0 DOODATHOGURU VILLAGE
" . BEC_iU__R~,HOBL1
BAN(3ug\LORE SOUTH TALUK
~ 2. RESPONDENT
if Y H GANESH BHAT, ADV.)
TEIS RFA FILED U/S. 96 R/W. ORDER 4} R 1 OF CPC
AGAINST THE JUDGMENT AND DECREE DT. 21.9.2000
PASSED IN O.S.NO.293/93 BY THE HND ADDL. CIVIL
JUDGE, SR.DN., BANGALORE RURAL DISTRICT,
BANGALORE, DISMISSING THE SUIT FOR SPECIFIC
PERFORMANCE OF AGREEMENT DT. 7.12.92 AND PARTLY
ALLOWING THE SUIT.
<51?
,.2_
This RFA coming on for HEARING on this day.
MANJUNATH J. delivered the following:»«
JUDGMENT
The parties have filed a joint memo. It appellant and respondent. 'I'ho.ugh the" the respondent are not parties with an abux'ldant"ac'tionf~--._p'[i'i#9ey are also parties to the coinpromise; it respondent are present. They_d:haye'..heen.'identified by their respective advocatese partijesh 'admit the signature. The respondent. has agreed to vpapyga" l,25,00,000/~ in full and_fihal:%Settlen1ent_'Vof Velaiinllof the parties within a period of The respondent further agreesdthatp if as agreed upon has not paid Within sixéllfnovnths, tilllthe entire amount is paid, he would 'i V' . interest"at""i'2% p.a and the respondent further agree "thatel not allowing the schedule property till the larnountagijced upon Rs.1,25,00.000/- is paid to the plaintiff and the';<:e shall be a charge on the plaint schedule property. £2. The respondent further agrees that he would file an undertaking to the effect that he will not allowing the property till the amount of Rs.1.25,00.000/- and the charge shall be agreed in the plaint within the stipulated time. 3""