AND

DECREE

DT.12.11.09

PASSED

IN

R.A.NO.41/07 ON THE FILE OF THE PRESIDING OFFICER,

FAST TRACK COURT-I, YADGIR, ALLOWING THE APPEAL

AND SETTING ASIDE THE JUDGEMENT AND DECREE

DTD.20.06.2007 PASSED IN O.S.NO.78/2006 ON THE FILE

OF THE CIVIL JUDGE,(SR.DN), SHORAPUR.

THIS APPEAL COMING ON FOR ORDERS, THIS DAY,

THE COURT DELIVERED THE FOLLOWING:

3

JUDGMENT

Present appeal is by the plaintiff aggrieved by the

Judgment

and

Order

dated

12.11.2009

passed

in

R.A.No.41/2007 on the file of the Presiding Officer, Fast

Track Court at Yadgir (hereinafter referred to as 'the First

Appellate Court'), in and by which, the First Appellate

Court while partly allowing the appeal, set aside the

Judgment and Decree dated 20.06.2007 passed in

O.S.No.78/2006 on the file of Civil Judge (Sr.Dn.),

Shorapur (hereinafter referred to as 'the Trial Court').

2. Appellant/plaintiff had filed a suit for specific

performance of the agreement dated 21.12.1999 which

was

executed

by

the

original

Defendant

No.1

Sri.Bheemaraya in favour of the plaintiff herein agreeing to

convey the suit schedule property for a total sum of

Rs.80,000/- Thus contended that a sum of Rs.75,000/-

was paid and balance sum of Rs.5,000/- was to be paid.

Since the defendant neglected to perform his part of the

contract, a suit in O.S.No.78/2006 was filed by the

4

appellant/plaintiff herein. The Trial Court, on appreciation

of evidence, decreed the suit directing the plaintiff to

deposit balance sum of Rs.5,000/- within 30 days and

further directed the defendant to execute a deed of sale

within 30 days after payment of Rs.5,000/-. Aggrieved by

the same, original defendant had filed regular appeal in

R.A.No.41/2007 which was allowed as noted hereinabove.

Aggrieved by the same, the appellant/plaintiff is before

this Court.

3. The original defendant Bheemaraya passed away

during the pendency of the appeal. His wife, daughter and

two sons have been bought on record as his legal

representatives, Respondent Nos.1(a) to 1(d). That the

parties have arrived at a settlement amicably resolving the

matter. Parties are personally present before this Court.

They are duly identified by their respective counsel.

4. In furtherance of which, a compromise petition

under Order XXIII Rule 3 of CPC is filed which contains the

following terms and conditions:

5

"1)

That due to the intervention of the elders

and well-wishers, the parties to this appeal

have settled their dispute amicably and arrived

at the compromise on the following terms and

conditions:

TERMS AND CONDITIONS

a)

That the respondents 1(a) to 1(d) agree

and admit that one Bhimraya S/o Shivanna

Paga (the original respondent herein)was the

absolute and exclusive owner of the land

bearing Sy.No.2/1, measuring 1 acre 1 gunta

with 9 gunta of phot kharab, totally measuring

1 acre 10 gunta, situated at Shorapur. During

his life time i.e., on 21-12-1999, the said

Bhimraya executed a regd. agreement for sale

bearing document No.1088 of 1999-2000

registered in the office of Sub-Registrar,

Shorapur

by

receiving

major

part

of

consideration i.e., Rs.75,000/- out of the total

consideration amount of Rs.80,000/-. The

respondents No.1(a) to 1(d) agree and admit

that the said agreement for sale was executed

for legal and family necessities i.e., to perform

the marriage ceremony of R-1(d) namely

Nirmala. Further, respondents No.1(a) to 1(d)

agree and admit that the said amount of

consideration

was

utilized

towards

the

marriage expenses.

b)

That due to some differences of opinion

between the appellant herein and deceased

Bhimraya, Suit O.S.No.78 of 2006 was filed

seeking the relief of specific performance of

contract, which was decreed by the Trial Court.

However,

the

appeal

filed

by

deceased

6

Bhimraya in R.A.No.41 of 2007 was allowed

and the decree for specific performance was

set aside. Hence, this present Regular Second

Appeal

is

preferred

by

the

appellant/

purchaser.

c)

That since there was no interim order,

the

appellant

herein

had filed

execution

petiti