Sri R K Muniyan vs M/S Kapil Agencies
2022 Latest Caselaw 3179 Kant

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

  DATED THIS THE 23RD DAY OF FEBRUARY, 2022

                      BEFORE

        THE HON'BLE MR. JUSTICE M.I.ARUN

            RFA NO.642 OF 2017 (MON)

BETWEEN:

SRI. R.K.MUNIYAN
S/O KANNAN
AGED ABOUT 53 YEARS
OM SHAKTHI INDUSTRIES
NO.15, 10TH CROSS
RAJAGOPALNAGAR
PEENYA II STAGE
BENGALURU - 560 058                 ... APPELLANT

(BY SRI.B.N.PUTTALINGAIAH, ADV.)

AND:

M/S KAPIL AGENCIES
PROPRIETORY ORGANIZATION
S-6, SUNDHER INDUSTRIAL ESTATE
AVALAHALLI VILLAGE
NEW TIMBER YARD LAYOUT
MYSORE ROAD
BENGALURU - 560 026                ... RESPONDENT

(BY SRI.SAKET BISANI, ADV.)

     THIS RFA IS FILED UNDER SECTION 96 OF CPC.,
AGAINST THE JUDGMENT AND DECREE DATED 25.1.2017
PASSED IN OS.NO.8336/2014 ON THE FILE OF THE XXXI
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ADDL. CITY CIVIL AND SESSIONS JUDGE, BENGALURU
CITY, DECREEING THE SUIT FOR RECOVERY OF MONEY.

    THIS RFA COMING ON FOR ORDERS THIS DAY, THE
COURT DELIVERED THE FOLLOWING:

                       JUDGMENT

The matter was referred to Bangalore Mediation

Centre. The parties entered into a compromise before the

mediation and the memorandum of settlement dated

23.12.2021 is entered into between the parties.

Thereafter, due to certain untoward incident in the family

of the appellant, the parties further negotiated the terms

and a memo is filed in this regard on 23.02.2022.

2. The memo is taken on record. The said memo is

signed by the learned counsel representing the parties.

The learned counsel for the appellant and the respondent

submit that the appeal be disposed of in terms of the

memo.

3. The appeal stands disposed of in terms of the memo

reporting settlement dated 23.02.2022. In view of

disposal of the appeal, pending I.A., if any, does not

survive for consideration and it stands disposed of.

4. Office to draw modified decree accordingly. Office is

further directed to verify and refund the court fee to the

appellant, if he is entitled.

Sd/-

JUDGE

hkh.