KAUSALYA THIRUPUVANAM Vs. K.RAGHAVA REDDY & ASSO

JUDGEMENT

(1.) This review petition is filed under Sec. 114 r/w. Order XLVII Rule 1 of Civil Procedure Code challenging the judgment dtd. 15/2/2023 passed in RFA No.1294/2022, whereby this Court disposed of the RFA based on the compromise petition filed by the parties.

(2.) The brief facts of the case are that the first petitioner is the daughter and the second and third petitioners are the great-grandsons of late V.Ramalingam Mudaliyar. The second respondent is a Trust created as per the order under the Probate, Will and Testament of late V.Ramalingam Mudaliar dtd. 10/9/1942. In the said Will, late V.Ramalingam Mudaliar, settler of the second respondent had detailed the charitable activities that are to be undertaken by the Trust. Later, the Trust was registered under the Trust Deed dtd. 13/6/2012 and got renamed the "People Charity Fund Trust" as "People Charity Fund". In addition to the original object, the power to sell or otherwise transfer the property of the Trust is included as an object of the Trust.

(3.) The case of the first respondent is that the original Board of Trustees entered into an agreement of sale dtd. 13/6/1984 agreeing to sell 16,000 sq.ft. immovable property bearing No.28 situated at Dickenson Road, Civil Station, Bangalore - 560004 to the first respondent for a sale consideration of Rs.10,00,000.00 (rupees ten lakhs only), out of which Rs.2,00,000.00 (rupees two lakhs only) has been paid on the date of the agreement and the balance sale consideration has to be paid at the time of the registration of the sale deed. Since the representatives of the Trust have failed to perform their part of the contract, the first respondent herein filed a suit in O.S.No.2495/1987 seeking specific performance of the contract against the Trust and seeking a direction to the Trust to execute the sale deed. After the contest, the said suit was decreed by the trial court by judgment and decree dtd. 21/2/1997. The same has been challenged by the Trust by filing a regular first appeal before this Court in RFA No.306/1997. This Court, by judgment and decree dtd. 13/6/2008 allowed the appeal and dismissed the suit. Being aggrieved by the same, the first respondent herein approached the Supreme Court in SLP No.250/2009. Subsequently, the Supreme Court granted leave, it was renumbered as Civil Appeal No.5122/2009. The Supreme Court vide its order dtd. 25/10/2016 dismissed the first respondent's appeal. After the firm had been registered, the first respondent filed a fresh suit before the City Civil Court, Bangalore in O.S.No.7566/2016. On appearance, the first defendant in O.S.No.7566/2016 filed a written statement and also filed IA for rejection of the plaint under Order VII Rule 11(a) of CPC. The trial court, by order dtd. 14/7/2022 rejected the plaint for want of cause of action and barred by law. Being aggrieved by the same, first respondent herein filed a regular first appeal before this Court in RFA No.1294/2022. This Court, on 20/7/2022 admitted the appeal and counsel represented the respondents. Thereafter, on 15/2/2023, the parties filed a compromise petition under Order 23 Rule 3 r/w. Sec. 151 of CPC, before this Court. This Court, accepting the compromise petition, disposed of the appeal on 15/2/2023. Being aggrieved by the order dtd. 15/2/2023 passed in RFA No.1294/2022, the petitioners herein have filed this review petition.