Karnataka High Court
Arun Vincent Rajkumar vs S Mala on 22 June, 2022
Bench: S.R.Krishna Kumar
1
IN THE HIGH COURT OF KARNATAKA, BENGALURU
DATED THIS THE 22ND DAY OF JUNE, 2022
BEFORE
THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR
R.F.A.NO.2258 OF 2019 (MON)
BETWEEN
1. ARUN VINCENT RAJKUMAR
S/O.A.J.RAJKUMAR
AGED ABOUT 43 YEARS
2. ANIL CORNALIUS RAJKUMAR
S/O.A.J.RAJKUMAR
AGED ABOUT 40 YEARS
BOTH RESIDING AT NO.301
8TH 'A' MAIN, 1ST BLOCK
HRBR LAYOUT
BENGALURU-560 043
...APPELLANTS
(BY SRI.N.KRISHNAMURTHY, ADVOCATE)
AND
1. S.MALA
W/O.R.SRINIVASAN
AGED ABOUT 47 YEARS
2. R.SRINIVASAN
S/O.RAJA GOPALAN
AGED ABOUT 55 YEARS
BOTH RESIDING AT NO.434,
9TH 'A' MAIN, 1ST BLOCK
HRBR LAYOUT, KALYANANAGAR
BENGALURU-560 043
...RESPONDENTS
(BY SRI.S.V.LAKSHMINARAYANA, ADVOCATE)
2
THIS APPEAL IS FILED UNDER SECTION 96 OF CPC.,
AGAINST THE JUDGMENT AND DECREE DATED 04.07.2019 PASSED
IN OS.NO.7198/2012 ON THE FILE OF THE XXIX ADDITIONAL CITY
CIVIL AND SESSIONS JUDGE, BENGALURU, DECREEING THE SUIT
FOR RECOVERY OF MONEY AND ETC.
THIS APPEAL COMING ON FOR ORDERS, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
JUDGMENT
Parties have filed joint memo of settlement, which is
duly signed by the parties as well as their respective counsel.
2. The said joint memo reads as under:
"The Appellants and the Respondents above
named file the following Joint Memo as hereunder:
1) The appellants have filed the above Appeal,
challenging the judgment and decree passed in
O.S.No.7198/2012, in favour of the Respondents,
directing the Appellants to pay a sum of
Rs.5,40,000/- together with interest at the rate of
6% per annum from the date of suit till date of
realisation.
2) The parties herein submit that the 1st Appellant herein
and the 1st Respondent herein have entered into a
Memorandum of Settlement dated 01/06/2022 which
was filed before the Hon'ble High Court of Karnataka in
Crl.R.P.No.580/2015. A copy of the Memorandum of
Settlement dated 01/06/2022 is annexed to this Joint
Memo.
3) As per the said Memorandum of Settlement dated
01/06/2022, it has been agreed and undertaken that
the Appellants would withdraw the above Appeal and
the Respondents would withdraw the execution case
pending in Ex.No.3680/2019 before the executing
Court in CCH No.30, on the condition that the
Appellants pay the Respondents a sum of
Rs.3,00,000/- by way of a Demand Draft dated
31/05/2022 bearing No.023346 drawn on HDFC Bank,
Banaswadi Branch, Bengaluru in favour of the 1st
Respondent, at the time of closure of
R.F.A.No.2258/2019 before this Hon'ble Court and
Ex.No.3680/2019 pending consideration on the file of
the City Civil Court, at Bengaluru (CCH-30).
4) The Respondents hereby acknowledge having
received the aforesaid Demand Draft this day before
this Hon'ble Court and state that they have no further
claims of whatsoever nature against the Appellants in
respect of the Judgment and Decree passed in
O.S.No.7198/2012 and hereby agree and undertake to
unconditionally withdraw the execution case in
Ex.No.3680/2019 on the next date of hearing i.e.,
18/06/2022.
5) The Respondents further agree that the Appellants are
herein entitled to refund of the sum of Rs.1,00,000/-
deposited b them before the executing court in
Ex.No.3680/2019.
6) In view of the settlement arrived at between the parties
herein as stated hereinabove, the Appellants pray that
this Hon'ble Court be pleased to grant refund of the
Court Fees paid by them in the above Appeal.
7) The parties herein further pray that this Hon'ble Court
be pleased to direct the Office to return all documents
produced and marked by them as exhibits in the suit in
O.S.No.7198/2012.
Wherefore, the parties herein pray that this Hon'ble
Court may be pleased to accept the Joint Memo and
dispose the above Appeal in terms of this Joint Memo, in
the interest of justice and equity."
3. In view of the aforesaid joint memo of settlement
filed by the parties and being satisfied with the terms and
conditions thereto, the appeal is disposed of in terms of the
joint memo by setting aside the impugned judgment and
decree passed by the trial Court and substituting the same
with the terms and conditions of the said compromise petition.
Registry is directed to draw up decree accordingly.
4. Registry is directed to refund 100% Court fee
(entire court fee) paid by the appellants on the memorandum
of appeal as per amendment to Section 66 of the Karnataka
Court Fees and Suits Valuation (Amendment) Act, 2020.
5. The appellants are permitted to take refund/return
of a sum of Rs.1,00,000/- (Rupees One Lakh only) deposited
by them before the Executing Court in Ex.No.2630/2019.
6. Registry is also directed to return all the original
documents produced by both parties in O.S.No.7198/2012
after keeping a photostat copy of the same in the file.
Sd/-
JUDGE
BMC
CT:AN
