IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 8953 OF 2017 (Arising out of SLP (C) No. 12145 of 2016) G. VENKATAPATHY ... Appellant VERSUS SHANKAR VEERAPPA ... Respondent O R D E R Leave granted. Nobody has appeared on behalf of the respondent in spite of service of notice. The brief facts involved in the instant matter are that an agreement of sale dated 24.11.2005 was entered into between the appellant herein being the vendor and the respondent herein being the purchaser in respect of land bearing Sy. No. 2/2 (presently Sy. No. 3/1) measuring 0.18 Guntas situated at Somashettihalli Village, Yeshwanthpur Hobli, Bengaluru North Taluka, for a total sale consideration of Rs.12,25,000/- and an amount of Rs.5,20,000/- was paid as advance amount towards it. It was agreed to between the parties that the respondent herein had to pay the balance sale consideration and then the appellant herein had to execute the registered sale deed in favour of the respondent within a period of three months from the date of agreement. It is alleged that the respondent failed to comply with the terms and conditions of the agreement which stipulated that 1
CIVIL APPEAL NO. 8953/ 2017 (@ SLP (C) No. 12145/ 2016) the entire sale transaction had to be completed within a period of three months and, therefore, the respondent had committed breach of contract. The respondent filed Civil Suit under Order VII Rule 1 of the Code of Civil Procedure(CPC) seeking specific performance but the Trial Court vide its order dated 15.11.2014 impounded the agreement of sale dated 24.11.2005 and the Registry of the Court was directed to calculate the duty and penalty on the agreement of sale dated 24.11.2005. Aggrieved, the respondent filed writ petition before the High Court. It is the case of the respondent that agreement dated 24.11.2005 does not indicate that as on the date of the execution of the agreement the possession has been delivered and that ratio in the case of ' Danappagouda Fakkiragouda Patil v. Kamalawwa and Anr.' reported in 2006(4) KCCR 2439 and in the case of ' N. Srinivasa v. Murulesh and Ors.' reported in ILR 2014 KAR 4350 would squarely apply to the facts in hand. Per contra, the respondent (petitioner herein) relied upon the provisions of Article 5(e)(i) of Schedule (1) of Karnataka Stamps Act. The High Court, vide its impugned judgment and final order dated 09.12.2015, allowed the writ petition observing that the agreement in question does not indicate about possession having been delivered on the date of the agreement dated 24.11.2005. However, subsequently, in view of the endorsement made on 13.7.2006, possession had been delivered, which is subsequent 2
CIVIL APPEAL NO. 8953/ 2017 (@ SLP (C) No. 12145/ 2016) to the agreement and as such the order directing the plaintiff to pay duty and penalty would not arise and the order of the trial Court is liable to be set aside. The moot question, therefore, is as to whether the agreement dated 24.11.2005 executed between the parties, on the basis of which suit for specific performance has been filed by the respondent, needed registration and adequate stamp duty. Admittedly, the document is unregistered and proper stamp duty which is required has not been paid thereon as per the Stamp Act. On the objection taken by the appellant/defendant, the trial Court had passed orders dated 15.11.2014 directing impounding of the document and also calling upon the Registry to calculate the duty and penalty thereupon. It would be interesting to note that thereafter on 06.01.2015, the counsel for plaintiff had submitted before the Trial Court that plaintiff was ready to pay duty and penalty on the aforesaid agreement dated 24.11.2005. However, in spite of this statement, the respondent thereafter filed the aforesaid writ petition which has been allowed by the High Court. The order of the High Court would reflect that the main reason given by the High Court while allowing the writ petition is that the agreement in question does not indicate that the possession having been delivered on the date of the agreement. This observation is clearly contrary to record and in the light of averments which are made in the agreement, inasmuch as, last two lines of the 3
CIVIL APPEAL NO. 8953/ 2017 (@ SLP (C) No. 12145/ 2016) agreement clearly record that the appellant had handed over the vacant possession to the purchaser (plaintiff/respondent) on the date of the agreement. The order of the High Court is, therefore, unsustainable and is hereby set aside. The appeal is allowed restoring the order of the Trial Court. ......................., J. [ A.K. SIKRI ] ........................, J. [ ASHOK BHUSHAN ] New Delhi; July 11, 2017. 4
CIVIL APPEAL NO. 8953/ 2017 (@ SLP (C) No. 12145/ 2016) ITEM NO.13 COURT NO.7 SECTION IV-A S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (C) No. 12145/2016 (Arising out of impugned final judgment and order dated 09-12-2015 in WP No. 31318/2015 passed by the High Court of Karnataka at Bangalore) G. VENKATAPATHY Petitioner(s) VERSUS SHANKAR VEERAPPA Respondent(s) Date : 11-07-2017 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE A.K. SIKRI HON'BLE MR. JUSTICE ASHOK BHUSHAN For Petitioner(s) Mr. Anand Sanjay M. Nuli, Adv. Mr. Dharm Singh, Adv. M/s. Nuli & Nuli, AOR For Respondent(s) Mr. Nitin Kumar Thakur, AOR (NP) UPON hearing the counsel the Court made the following O R D E R Leave granted. The appeal is allowed in terms of the signed order. (NIDHI AHUJA) (MALA KUMARI SHARMA) COURT MASTER COURT MASTER [Signed order is placed on the file.] 5
ITEM NO.49 COURT NO.7 SECTION IVA S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (C) No(s). 12145/2016 (Arising out of impugned final judgment and order dated 09/12/2015 in WP No. 31318/2015 passed by the High Court of Karnataka at Bangalore) G. VENKATAPATHY Petitioner(s) VERSUS SHANKAR VEERAPPA Respondent(s) (With interim relief and office report) Date : 09/05/2017 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE A.K. SIKRI HON'BLE MR. JUSTICE ASHOK BHUSHAN For Petitioner(s) Mr. Anand Sanjay M. Nuli,Adv. Mr. Malla Rao,Adv. Mr. Dharm Singh,Adv. Mr. Manish Gupta,Adv. For M/s. Nuli & Nuli,Advs. For Respondent(s) Mr. Nitin Kumar Thakur,Adv. UPON hearing the counsel the Court made the following O R D E R Nobody appeared on behalf of the respondent even on the second call. Same was the position on the last date of hearing. Respondent is accordingly proceeded as ex-parte. List the matter for disposal on 11 th July, 2017. (SAPNA BISHT) (MALA KUMARI SHARMA) SR. P.A. COURT MASTER
pITEM NO.49 COURT NO.7 SECTION IVA S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGSPetition(s) for Special Leave to Appeal (C) No(s). 12145/2016(Arising out of impugned final judgment and order dated 09/12/2015in WP No. 31318/2015 passed by the High Court of Karnataka atBangalore)G. VENKATAPATHY Petitioner(s) VERSUSSHANKAR VEERAPPA Respondent(s)(With interim relief and office report)Date : 09/05/2017 This petition was called on for hearing today.CORAM : HON'BLE MR. JUSTICE A.K. SIKRI HON'BLE MR. JUSTICE ASHOK BHUSHANFor Petitioner(s) Mr. Anand Sanjay M. Nuli,Adv. Mr. Malla Rao,Adv. Mr. Dharm Singh,Adv. Mr. Manish Gupta,Adv. For M/s. Nuli & Nuli,Advs. For Respondent(s) Mr. Nitin Kumar Thakur,Adv. UPON hearing the counsel the Court made the following O R D E R Nobody appeared on behalf of the respondent even on thesecond call. Same was the position on the last date of hearing.Respondent is accordingly proceeded as ex-parte.List the matter for disposal on 11 th July, 2017. (SAPNA BISHT) (MALA KUMARI SHARMA) SR. P.A. COURT MASTER
ITEM NO.49 COURT NO.8 SECTION IVA S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (C) No. 12145/2016 (Arising out of impugned final judgment and order dated 09/12/2015 in WP No. 31318/2015 passed by the High Court of Karnataka at Bangalore) G. VENKATAPATHY Petitioner(s) VERSUS SHANKAR VEERAPPA Respondent(s) (With interim relief and office report) Date : 04/05/2017 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE A.K. SIKRI HON'BLE MR. JUSTICE ASHOK BHUSHAN For Petitioner(s) Mr. Anand Sanjay M. Nuli, Adv. Mr. Dharm Singh, Adv. M/s. Nuli & Nuli. For Respondent(s) Mr. Nitin Kumar Thakur, Adv.(NP) UPON hearing the counsel the Court made the following O R D E R Nobody appeared on behalf of the respondent even on the second call. In the interest of justice, the matter stands adjourned to 09 th May, 2017. (Nidhi Ahuja) (Mala Kumari Sharma) Court Master Court Master
LISTING ON 04.05.2017 COURT NO. 8 ITEM NO. 49 SEC.IV-A IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION PETITION FOR SPECIAL LEAVE TO APPEAL (CIVIL) NO. 12145 OF 2016 WITH PRAYER FOR INTERIM RELIEF G. VENKATAPATHY ...PETITIONER -VERSUS- SHANKAR VEERAPPA ...RESPONDENT OFFICE REPORT The matter above mentioned was listed before the Hon’ble Court on 03.05.2016, when the Court was pleased to pass the following order: “Issue notice.” Accordingly, show cause notice was issued on 20.05.2016 to sole respondent through Registered A.D. Post. Mr. Nitin Kumar Thakur, Advocate has filed Vakalatnama/Memo of Appearance on behalf of sole respondent. Service of show cause notice is complete. The matter above mentioned was listed before the Registrar Court on 24.08.2016 and when lastly listed on 04.10.2016, the following order was passed: “Four weeks time, as a last chance, is given to the learned counsel for the sole respondent to file the counter affidavit. After expiry of four weeks, the matter shall be processed for listing before the Hon'ble Court under the Rules.” It is submitted that counsel for the sole respondent has not filed counter affidavit so far. The matter above mentioned is, therefore, listed before the Hon’ble Court with this Office Report. Dated this the 03 rd day of May, 2017. ASSISTANT REGISTRAR Copy to: M/s. Nuli & Nuli, Advocates Mr. Nitin Kumar Thakur, Advocate ASSISTANT REGISTRAR -RJ
ITEM NO.49 COURT NO.8 SECTION IVA S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGSPetition(s) for Special Leave to Appeal (C) No. 12145/2016(Arising out of impugned final judgment and order dated 09/12/2015in WP No. 31318/2015 passed by the High Court of Karnataka atBangalore)G. VENKATAPATHY Petitioner(s) VERSUSSHANKAR VEERAPPA Respondent(s)(With interim relief and office report)Date : 04/05/2017 This petition was called on for hearing today.CORAM : HON'BLE MR. JUSTICE A.K. SIKRI HON'BLE MR. JUSTICE ASHOK BHUSHANFor Petitioner(s)Mr. Anand Sanjay M. Nuli, Adv.Mr. Dharm Singh, Adv.M/s. Nuli & Nuli. For Respondent(s)Mr. Nitin Kumar Thakur, Adv.(NP) UPON hearing the counsel the Court made the following O R D E RNobody appeared on behalf of the respondent even on thesecond call.In the interest of justice, the matter stands adjournedto 09 th May, 2017. (Nidhi Ahuja) (Mala Kumari Sharma) Court Master Court Master
ITEM NO.87 REGISTRAR COURT. 2 SECTION IVA S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS BEFORE THE REGISTRAR MR. M V RAMESH Petition(s) for Special Leave to Appeal (C) No(s). 12145/2016 G. VENKATAPATHY Petitioner(s) VERSUS SHANKAR VEERAPPA Respondent(s) (with interim relief and office report) Date : 04/10/2016 This petition was called on for hearing today. For Petitioner(s) M/s. Nuli & Nuli,Adv. Mr. Anand Sanjay M. Nuli, Adv. For Respondent(s) Mr. Nitin Kumar Thakur,Adv. Mr. C. S. Nagesh, Adv. UPON hearing the counsel the Court made the following O R D E R Four weeks time, as a last chance, is given to the learned counsel for the sole respondent to file the counter affidavit. After expiry of four weeks, the matter shall be processed for listing before the Hon'ble Court under the Rules. (M V RAMESH) Registrar PS
LISTING ON 04.10.2016 BEFORE REGISTRAR COURT NO.2 ITEM NO. 87 SEC.IV-A IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION PETITION FOR SPECIAL LEAVE TO APPEAL (CIVIL) NO. 12145 OF 2016 WITH PRAYER FOR INTERIM RELIEF G. Venkatapathy ...Petitioner -Versus- Shankar Veerappa ...Respondent OFFICE REPORT The matter above mentioned was listed before the Registrar Court on 24.08.2016, when the following order was passed: “ Four weeks time is given to the Ld. Counsel for the sole respondent to file the counter affidavit. List again on 4.10.2016. ” It is submitted that Mr. Nitin Kumar Thakur, Advocate has not filed counter affidavit on behalf of sole respondent so far. Service of show cause notice is complete. The matter above mentioned is listed before the Registrar Court with this Office Report. Dated this the 3 rd day of October, 2016. ASSISTANT REGISTRAR Copy to: M/s. Nuli & Nuli, Advocates Mr. Nitin Kumar Thakur, Advocate ASSISTANT REGISTRAR -RJ
\ITEM NO.87 REGISTRAR COURT. 2 SECTION IVA S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS BEFORE THE REGISTRAR MR. M V RAMESHPetition(s) for Special Leave to Appeal (C) No(s). 12145/2016G. VENKATAPATHY Petitioner(s) VERSUSSHANKAR VEERAPPA Respondent(s)(with interim relief and office report)Date : 04/10/2016 This petition was called on for hearing today.For Petitioner(s) M/s. Nuli & Nuli,Adv. Mr. Anand Sanjay M. Nuli, Adv. For Respondent(s) Mr. Nitin Kumar Thakur,Adv. Mr. C. S. Nagesh, Adv. UPON hearing the counsel the Court made the following O R D E RFour weeks time, as a last chance, is given to the learnedcounsel for the sole respondent to file the counter affidavit.After expiry of four weeks, the matter shall be processed forlisting before the Hon'ble Court under the Rules. (M V RAMESH) RegistrarPS
ITEM NO.98 REGISTRAR COURT. 2 SECTION IVA S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS BEFORE THE REGISTRAR MR. M V RAMESH Petition(s) for Special Leave to Appeal (C) No(s). 12145/2016 G. VENKATAPATHY Petitioner(s) VERSUS SHANKAR VEERAPPA Respondent(s) (with interim relief and office report) Date : 24/08/2016 This petition was called on for hearing today. For Petitioner(s) M/s. Nuli & Nuli,Adv. For Respondent(s) Mr. Nitin Kumar Thakur,Adv. UPON hearing the counsel the Court made the following O R D E R Four weeks time is given to the Ld. Counsel for the sole respondent to file the counter affidavit. List again on 4.10. 2016. (M V RAMESH) Registrar MG
LISTING ON 24.08.2016 BEFORE REGISTRAR COURT NO.2 ITEM NO. 98 SEC.IV-A IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION PETITION FOR SPECIAL LEAVE TO APPEAL (CIVIL) NO. 12145 OF 2016 WITH PRAYER FOR INTERIM RELIEF G. Venkatapathy ...Petitioner -Versus- Shankar Veerappa ...Respondent OFFICE REPORT The matter above mentioned was listed before the Hon'ble Court on 03.05.2016, when the Court was pleased to pass the following order: “Issue notice.” Accordingly, show cause notice was issued on 20.05.2016 to sole respondent by Registered A.D. Post. Mr. Nitin Kumar Thakur, Advocate has filed Vakalatnama/Memo of appearance on behalf of sole respondent, but he has not filed counter affidavit so far. Service of show cause notice is complete. The matter above mentioned is listed before the Registrar Court with this Office Report. Dated this the 23 rd day of August, 2016. ASSISTANT REGISTRAR Copy to: M/s. Nuli & Nuli, Advocates Mr. Nitin Kumar Thakur, Advocate ASSISTANT REGISTRAR -RJ
ÈITEM NO.98 REGISTRAR COURT. 2 SECTION IVA S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS BEFORE THE REGISTRAR MR. M V RAMESHPetition(s) for Special Leave to Appeal (C) No(s). 12145/2016G. VENKATAPATHY Petitioner(s) VERSUSSHANKAR VEERAPPA Respondent(s)(with interim relief and office report)Date : 24/08/2016 This petition was called on for hearing today.For Petitioner(s) M/s. Nuli & Nuli,Adv. For Respondent(s) Mr. Nitin Kumar Thakur,Adv. UPON hearing the counsel the Court made the following O R D E RFour weeks time is given to the Ld. Counsel for the solerespondent to file the counter affidavit.List again on 4.10. 2016. (M V RAMESH) RegistrarMG
ITEM NO.5 COURT NO.12 SECTION IVA S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (C) No(s). 12145/2016 (Arising out of impugned final judgment and order dated 09/12/2015 in WP No. 31318/2015 passed by the High Court of Karnataka at Bangalore) G. VENKATAPATHY Petitioner(s) VERSUS SHANKAR VEERAPPA Respondent(s) (With interim relief and office report) Date : 03/05/2016 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE A.K. SIKRI HON'BLE MR. JUSTICE R.K. AGRAWAL For Petitioner(s) Mr. Anand Sanjay M. Nuli, Adv. Mr. Dharm Singh, Adv. M/s. Nuli & Nuli For Respondent(s) UPON hearing the counsel the Court made the following O R D E R Issue notice. (Rashi Gupta) (Tapan Kr. Chakraborty ) SR.P.A. COURT MASTER
LISTED ON 03.05.2016 COURT NO.12 ITEM NO.5 SEC.IV-A IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION PETITION FOR SPECIAL LEAVE TO APPEAL (CIVIL) NO. 12145 OF 2016 WITH PRAYER FOR INTERIM RELIEF G. Venkatapathy ...Petitioner(s) -Versus- Shankar Veerappa ...Respondent(s) OFFICE REPORT The Special Leave Petition above mentioned has been filed against the final Judgment and Order dated 09.12.2015 passed by the High Court of Karnataka at Bengaluru in WP No. 31318 of 2015 (GM-CPC). It is submitted that there was a delay of 9 days in refiling the SLP and the same has been condoned by the Additional Registrar of Sec-IB. The matter above mentioned is, therefore, listed before the Hon'ble Court with this Office Report. Dated this the 2 nd day of May, 2016. ASSISTANT REGISTRAR Copy to: M/s. Nuli & Nuli, Advocate 123 Lawyers Chambers ASSISTANT REGISTRAR dkm
0 ITEM NO.5 COURT NO.12 SECTION IVA S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (C) No(s). 12145/2016 (Arising out of impugned final judgment and order dated 09/12/2015 in WP No. 31318/2015 passed by the High Court of Karnataka at Bangalore) G. VENKATAPATHY Petitioner(s) VERSUS SHANKAR VEERAPPA Respondent(s) (With interim relief and office report) Date : 03/05/2016 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE A.K. SIKRI HON'BLE MR. JUSTICE R.K. AGRAWAL For Petitioner(s) Mr. Anand Sanjay M. Nuli, Adv. Mr. Dharm Singh, Adv. M/s. Nuli & Nuli For Respondent(s) UPON hearing the counsel the Court made the following O R D E R Issue notice. (Rashi Gupta) (Tapan Kr. Chakraborty) SR.P.A. COURT MASTERSignature Not VerifiedDigitally signed byASHWANI KUMARDate: 2016.05.0417:07:41 ISTReason: