Karnataka High Court
The Agumudi Modaliyar Sangha (R) vs Kannappa on 22 July, 2022
Bench: Ravi V Hosmani
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RSA No. 231 OF 2020
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 22ND DAY OF JULY, 2022
BEFORE
THE HON'BLE MR JUSTICE RAVI V HOSMANI
REGULAR SECOND APPEAL NO. 231 OF 2020 (MON)
BETWEEN:
1. THE AGUMUDI MODALIYAR SANGHA (R)
REP. BY ITS PRESENT SECRETARY
P.DORE S/O LATE PERUMAL
AGED 66 YEARS
'VISHNUPRIYA'
O.S.M. ROAD, 2ND CROSS
RAJUNAIDU ROAD
BHADRAVATHI-577 301
SHIVAMOGGA DISTRICT.
2. THE AGUMUDI MODALIYAR SAMUDAYA
BHAVAN NIRMANA SAMITHI
REP. BY ITS PRESIDENT
SRI KANNAPPA
S/O LOKANATHA MODALIYAR
AGED 68 YEARS
'VISHNUPRIYA'
O.S.M. ROAD
2ND CROSS, RAJUNAIDU ROAD
BHADRAVATHI-577 301
Digitally signed by SHIVAMOGGA DISTRICT.
VEENA KUMARI B ...APPELLANTS
Location: High
Court of Karnataka
[BY SRI P.N.HARISH, ADVOCATE (PH)]
AND:
1. KANNAPPA
S/O LOKANATHA MODALIYAR
AGED 68 YEARS
PRESIDENT OF AGUMUDI MODALIYAR
SAMUDHAYA BHAVAN
'VISHNUPRIYA'
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RSA No. 231 OF 2020
O.S.M. ROAD
2ND CROSS
RAJUNAIDU ROAD
BHADRAVATHI-577 301
SHIVAMOGGA DISTRICT.
3. SUBRAMANYA
S/O MUNISWAMY
AGED ABOUT 76 YEARS
R/O 2ND CROSS, LEFT SIDE
SUBHASHNAGARA, HOSAMANE,
BHADRAVATI-577 301
SHIVAMOGGA DISTRICT.
4. NANDAGOPAL
AGED ABOUT 73 YEARS,
R/O 1ST CROSS 1B
JAYASHREE CIRCLE
PRESIDENT OF THE AGUMUDI
MOODALIYAR SANGHA
BHADRAVATHI
...RESPONDENTS
(BY SRI N.RAMAKRISHNA, ADVOCATE FOR
SRI M.R.HIREMATHAD, ADVOCATE FOR R2(PH);
R1 AND R3 ARE SERVED AND UNREPRESENTED]
THIS R.S.A IS FILED UNDER SECTION 100 OF CPC., AGAINST
THE JUDGMENT AND DECREE DATED 19.09.2019 PASSED IN RA
NO.51/2014 ON THE FILE OF THE IV ADDL.DISTRICT AND SESSIONS
JUDGE, SHIMOGA, SITTING AT BHADRAVATHI DISMISSING THE
APPEAL FILED BY THE APPELLANTS HEREIN AND CONFIRMING THE
JUDGMENT AND DECREE DATED 16.10.2014 PASSED IN OS
NO.27/2008 ON THE FILE OF THE C/c PRL.SENIOR CIVIL JUDGE AND
JMFC., AT BHADRAVATHI..
THIS RSA COMING ON FOR ADMISSION THIS DAY, COURT
DELIVERED THE FOLLOWING:
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RSA No. 231 OF 2020
JUDGMENT
This appeal is filed by defendants no.1 and 2 challenging
impugned judgment and decree dated 16.10.2014 passed in
O.S.No.27/2008 by Prl. Senior Civil Judge & JMFC., Bhadravathi
and judgment and decree dated 19.09.2019 in R.A.No.51/2014
by IV Addl. District & Sessions Judge, Shivamogga, sitting at
Bhadravathi.
2. Appellants herein were defendants no.1 and 2 in suit,
while respondent no.1 was defendant no.3, respondent nos.2
and 3 were plaintiff and defendant no.4 respectively in suit. For
sake of convenience, parties shall hereinafter be referred to as
per their ranks in trial Court.
3. O.S.No.27/2008 was filed for recovery of
Rs.7,85,918/- with interest. On contest, suit was decreed
directing defendants to pay Rs.7,85,918/- with interest at 8%
per annum from date of suit till payment. Aggrieved, appeal
was filed by defendants no.1 to 3 in R.A.no.51/2014. First
appellate Court allowed appeal in part, set aside judgment and
decree against defendants no.3 and 4 and confirmed judgment
RSA No. 231 OF 2020
and decree against defendants no.1 and 2. Aggrieved by same,
defendants no.1 and 2 have filed this appeal.
4. Learned counsel on both side submit that matter was
settled between parties in Ex.P.No.13.2022, wherein a
compromise petition was filed. As per terms Decree holder -
respondent herein agreed to receive Rs.10,50,000/- in full and
final settlement of decree. In terms of settlement, judgment
debtor issued a cheque dated 28.03.2022 for Rs.6,00,000/-
drawn on Canara Bank, Bhadravathi in favour of Decree holder.
Balance amount of Rs.4,50,000/- it was agreed between parties
that amount of Rs.4,50,000/- deposited in this Court is ordered
to be released in favour of Decree holder.
5. From note in order sheet, it is seen that Rs.4,25,451/-
was deposited by appellant / judgment debtor on 21.12.2020
by way of demand draft dated 17.12.2020 bearing no.069249.
As per R.O.no.75/21.01.2021 and amount was ordered to be
kept in fixed deposit in Union Bank of India, C.T. Street Branch,
Bengaluru.
RSA No. 231 OF 2020
6. On verification from registry, it is stated that amount
in deposit with accrued interest of Rs.22,900/- would be
Rs.4,48,351/-.
7. Decree holder-respondent no.2 has today filed a
memo agreeing to receive sum of Rs.4,48,351/- instead of
Rs.4,50,000/- in full and final settlement as agreed between
parties.
8. Learned counsel for appellants has no objection to
same and submits that appeal may be disposed of as settled
between parties. He also seeks refund of court fee paid.
9. In view of above, appeal is disposed of as settled
between parties.
Registry is directed to release a sum of Rs.4,25,451/-
with accrued interest in favour of respondent no.2 -
Subramanya S/o Muniswamy on proper identification.
Registry is also directed to refund admissible court fee to
appellants.
Sd/-
JUDGE
Psg*
