H V Srinivasa Murthy vs B V Nagesha
2022 Latest Caselaw 5104 Kant

                             1


       IN THE HIGH COURT OF KARNATAKA AT BENGALURU

           DATED THIS THE 21ST DAY OF MARCH, 2022

                           BEFORE

    THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM

                R.F.A NO. 119 OF 2019(MON)

BETWEEN:

H V SRINIVASA MURTHY
S/O LATE H N VENKATARAMAIAH
AGED ABOUT 77 YEARS,
ENGINEERING CONTRACTOR(NOW RETIRED)
NO.486, 10TH 'F' MAIN ROAD
RAJAJINAGAR 4TH STAGE
BENGALURU-560010

                                               ...APPELLANT

(BY SRI.H V SRINIVAS, PARTY-IN-PERSON)

AND:

1. B V NAGESHA
S/O LATE B VENKATASUBBAIAH
AGED ABOUT 85 YEARS

2. B N NIRANJANI NAGESHA
W/O B V NAGESHA
AGED ABOUT 75 YEARS
RESPONDENTS 1 & 2 ARE
R/A NO.55, 1ST FLOOR
THEETRAVAPPAR STREET
TRIPLICANE, CHENNAI-05
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3. LAKSHMINARAYANA
FATHERS NAME NOT KNOWN
AGED 81 YEARS,
1ST FLOOR, PORTION OF PROPERTY NO.486/44
10TH 'F' MAIN ROAD, RAJAJINAGAR VI BLOCK
BENGALURU-560010
PRESENTLY R/AT
C/O SRI VISHVANATHA
BELLARA POST, CHIKKANAYAKANAHALLI TALUK

                                               ...RESPONDENTS

(BY SRI.RAJESH SHETTIGAR, ADVOCATE FOR R1 & R2;
R3 SERVED)

          THIS RFA IS FILED UNDER SEC.96 OF THE CPC,
AGAINST THE JUDGMENT AND DECREE DATED 26.09.2018 PASSED
IN OS NO.3852/1983 ON THE FILE OF THE XXXI ADDL.CITY CITY
CIVIL AND SESSIONS JUDGE, BANGALORE CITY PARTLY
DECREEING THE SUIT FOR RECOVERY OF MONEY.

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

                          JUDGMENT

This Court vide order dated 17.01.2022, at the

request of learned counsel for the parties referred the matter

to Bengaluru Mediation Centre to enable the parties to resolve

their disputes. After conducting several mediation sessions,

the matter is amicable resolved and an agreement is drawn in

terms of the settlement. The Bengaluru Mediation Centre vide

communication dated 7.3.2022 has sent the copy of

settlement agreement drawn in this appeal indicating that the

matter is amicably settled.

2. The appellant/party-in-person and the learned

counsel appearing for respondents 1 and 2 are present before

the Court.

3. The memorandum of settlement under Section 89

of the Code of Civil Procedure, 1908 read with Rules 24 and 25

of the Karnataka Civil Procedure(Mediation) Rules, 2005 is

admitted and taken on record.

4. The appeal is disposed of in terms of the

memorandum of settlement recorded by this Court.

5. Registry is directed to draw up the decree in terms

of the memorandum of settlement recorded by this Court.

6. The Office is directed to refund the Court fee in

terms of Para(III) of the memorandum of settlement after

proper identification.

At this juncture, the learned counsel appearing for

respondents 1 and 2 submits that the Court fee shall be

refunded to the duly authorised special power of attorney of

respondents 1 and 2, for which the appellant/party-in-person

has no objection.

Sd/-

JUDGE

*alb/-