SHANTHA INDUSTRIAL ENTERPRISES Vs. SRIDHARA M

JUDGEMENT

(1.) Learned counsel for the petitioners files a memo seeking dispensation of notice to respondents 3 and 4. Memo is placed on record. At the request of learned counsel for petitioners, notice to respondents 3 and 4 is dispensed with.

(2.) Present petition is filed by the defendant Nos.1 to 4 being aggrieved by the order dtd. 22/2/2022 passed in O.S.2000/2017 on an application filed by defendant No.2 under Order XXIII Rule 3 of CPC on the file of LXIV Additional City Civil and Sessions Judge, CCH-65, Bengaluru city, in and by which the trial court dismissed the application filed by the petitioners herein.

(3.) The above suit in O.S.No.2000/2017 filed by the plaintiff/respondent No.1 for the relief of specific performance of a registered agreement dtd. 20/2/2014 purportedly executed by defendants 1 to 7 and also for a relief in the form of direction to the defendants to put the plaintiff in effective possession of the suit schedule properties to the extent of 7% of total area. It appears that the property subject matter of the aforesaid agreement was partly acquired by the Karnataka Industrial Areas Development Board and compensation in that regard was awarded. From the record it appears that the plaintiff had received a sum of Rs.8,25,00,000.00 in proportion to the 7% of the properties agreed to be purchased on the basis of the aforesaid agreement. Application under Order XXIII Rule 3 of CPC came to be filed by defendant No.2 contending that in receipt of Rs.8,25,00,000.00by the plaintiff was towards full and final settlement of his entire claim and as such plaintiff having received said sum nothing remains in the suit for consideration. Defendant No.2 relied upon joint affidavit and an indemnity agreement which were purportedly executed by plaintiff and submitted before the Karnataka Industrial Areas Development Board at the time of receiving the said amount. Based on the said documents defendant No.2 contended that the same amounts to an agreement between the parties towards full and final settlement of their claims. In furtherance thereof above application was filed before the trial court seeking to dispose of the suit as claim of the plaintiff having been fully settled.