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2025 Supreme(Online)(Kar) 19153
KARNATAKA HIGH COURT
K. S. HEMALEKHA, J, VIJAYA M. PATIL, Member
VIJAY KUMAR S/O SHANMUKHAYYA GORATI – Appellant
Versus
SYED JABBAR S/O MOHAMMED ALI – Respondent
RFA NO. 200010 OF 2025
For the Appellants/Petitioners: SRI VINAYAK APTE
For the Respondents: SRI DESHPANDE G.V., SRI ANANTH S. JAHAGIRDHAR
Court recognizes and enforces voluntary settlements made by parties under CPC Order 23 Rule 3, validating agreements related to property disputes.
Headnote:(A) CPC - Order 23 Rule 3 - Compromise between parties regarding property dispute - Both parties reached an amicable settlement regarding a property purchase and related liabilities, with detailed terms on payment and registering deeds outlined in the compromise petition. (Paras 2-4)
(B) Court's authority in consent matters - The court affirms its jurisdiction under CPC to approve voluntary settlements agreed upon by parties in civil disputes. (Para 4)
Facts of the case:
The appellant and respondent settled a property sale dispute amicably with conditions regarding payment and property registration.
Findings of Court:
The appeal is disposed of based on the agreed terms in the compromise.
Issues: Main issues include the validation of the compromise agreement and its enforcement.
Ratio Decidendi: The court validated the compromise agreement under the CPC and affirmed the resolution of the case, ensuring mutual obligations are fulfilled.
Result: Appeal disposed of as per compromise agreement.
| Table of Content |
|---|
| 1. court affirms its authority in settling disputes amicably. (Para 1) |
| 2. parties reached a mutual compromise on terms of property sale. (Para 2 , 3) |
| 3. the court validates and enforces the compromise under cpc. (Para 4) |
THIS REGULAR FIRST APPEAL COMING ON FOR CONCILIATION BEFORE LOK ADALAT, THIS DAY, THE FOLLOWING ORDER IS PASSED:
CONCILIATION ORDER Both parties along with their respective learned counsel are present.
2. Learned counsel for both parties have filed compromise petition under Order 23 Rule 3 of CPC and settled by way of compromise duly signed by them. Both have agreed as to the terms and conditions of compromise petition voluntarily, same is lawful. Said compromise between the parties reads as follows:
3. Compromise petition reads as follows :- “Petition U/o 23 Rule 3 of CPC For Compromise With the intervention of well wishers the parties to the lis have amicably settled their dispute in respect of the suit schedule property on the following terms and conditions;
1) The Respondent admits that in pursuance with the registered agreement for sale dated: 26.10.2015 bearing document No: 10282/2015-16 has agreed to purchase the scheduled property mentioned therein bearing CTS No: 1992/3, Sheet No: 181, Chalta No: 47, Block No: III in all measuring 22x40ft = 880 Sqft (6.70 Mtrs x 12.40 mtrs = 83.8 Sqmtrs), situated at Roza-B, Kalaburagi from the sole appellant for consideration of rs.35,00,000/- and he has paid the part consideration amount of rs.10,00,000/- to the appellant and the balance amount to be paid to the appellant is rs.25,00,000/-.
2) The Respondent further admits that after the filing of suit in O.S. No: 84/2017 the portion of schedule property measuring to the extent of 15ft x 22ft is acquired for the widening of the road but whereas the appellant did not receive any compensation amount uptil now. Thus it is agreed by the appellant that the compensation amount pertaining to the said acquired property measuring to the extent of 15x22ft to be received by the Respondent and for which the appellant has no objection whatseover. Further the Respondent is entitled to take necessary steps for the enhancement of the amount of compensation as provided by law at his own costs and receive the enhanced compensation amount.
3) That In terms of compromise and the registered agreement of sale date 26/10/2015, the appellant has agreed to execute the registered sale deed of the scheduled property bearing CTS No: 1992/3, Sheet No: 181, Chalta No: 47, Block No: III in all measuring 22x40ft 880 Sqft (6.70 Mtrs x 12.40 mtrs = 83.8 Sqmtrs), situated at Roza-B, Kalaburagi, by receiving the balance consideration of Rs.25,00,000/-. The Respondent has Agreed to get the sale deed register on or before 30th August
2025 at his own costs by baring expenses of stamp duty and registration.
4) The Respondent in addition to the said amount of Rs.25,00,000/- has agreed to pay a sum of Rs.1,00,000/- towards litigation expenses to the appellant which the Respondent has paid in cash prior to execution of this compromise. The receipt of the said amount of Rs.1,00,000/- the appellant hereby acknowledges.
5) The Respondent has deposited some amount in E.P. No: 509/2024 on the file of II Addl. Senior Civil Judge, Kalaburagi in compliance with the decree passed in O.S. No: 84/2017 and as such the Respondent is entitled to receive the said amount from the executing Hon'ble Court for which the appellant has no objection. The Respondent has agreed to withdraw the E.P. No: 509/2024 in terms of this compromise.
6) The appellant shall get the E-Khata of the scheduled property prepared immediately and co- operate with Respondent for obtaining any other documents necessary for enabling registration of sale deed.
7) That in view of amicable settlement the entire court fee of Rs.1,62,125/- paid by the appellant while filing of the appeal may be refuded to him as per Sec. 89 of CPC in accordance with law.
8) The parties to bear their own costs.”
4. Com
