Sri.M.S.Krishnappa vs Sri.A.K.S.Rajan Nambiar
2023 Latest Caselaw 5994 Kant

                                                 -1-
                                                             NC: 2023:KHC:30556
                                                           RFA No. 1734 of 2020




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                            DATED THIS THE 28TH DAY OF AUGUST, 2023

                                              BEFORE
                              THE HON'BLE MR JUSTICE H.P.SANDESH
                          REGULAR FIRST APPEAL NO. 1734 OF 2020 (INJ)
                   BETWEEN:

                   1.   SRI. M.S. KRISHNAPPA
                        S/O SRI SONAKA @ SONAKAPPA
                        AGED ABOUT 69 YEARS,

                   2.   SRI. LOKESH
                        S/O SRI M S KRISHNAPPA
                        AGED ABOUT 33 YEARS,

                   3.   SRI. NARAYANA MURTHY
                        S/O SRI M S KRISHNAPPA
                        AGED ABOUT 29 YEARS,

                        ALL ARE RESIDING AT NO.4,
                        VENKATESHWARA LAYOUT
                        (NEAR OUTER RING ROAD)
                        MAHADEVAPURA VILLAGE
                        K R PURAM HOBLI
Digitally signed
by SHARANYA T           BANGALORE EAST TALUK
Location: HIGH          BANGALORE - 560 048
COURT OF                                                           ...APPELLANTS
KARNATAKA          (BY SRI. AMARESH A. ANGADI, ADVOCATE)
                   AND:

                   1.   SRI. A.K.S. RAJAN NAMBIAR
                        S/O SRI R.K.N. NAMBIAR
                        AGED ABOUT 71 YEARS,
                        RESIDING AT NO.1294
                        1ST MAIN, NEW THIPPASANDRA
                        HAL 3RD STAGE
                        BANGALORE - 560 075
                                                                  ...RESPONDENT
                   (BY SMT. JAYA NAMBIAR, ADVOCATE
                    FOR SRI. V.S. BIJU, ADVOCATE)
                                   -2-
                                                       NC: 2023:KHC:30556
                                                  RFA No. 1734 of 2020




      THIS RFA IS FILED UNDER SECTION 96 OF CPC AGAINST THE

JUDGMENT      AND   DECREE       DATED      29.02.2020         PASSED    IN

OS.NO.25137/2014 ON THE FILE OF THE LXXIII ADDITIONAL CITY

CIVIL AND SESSIONS JUDGE, MAYO HALL UNIT, BENGALURU

(CCH 74), DECREEING THE SUIT FOR PERMANENT INJUNCTION.


      THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE

COURT DELIVERED THE FOLLOWING:



                               JUDGMENT

The matter was referred to the Bangalore Mediation

Centre (BMC), the BMC settled the dispute between the parties

and parties have also entered into settlement dated

14.08.2023. The settlement has been reduced into writing and

parties have signed the same and agreement is also placed on

record.

2. In terms of settlement arrived between the parties,

the respondent herein has agreed to pay a sum of

Rs.55,00,000/- to the appellants herein as well as to the

daughters of the appellant No.1. Out of the agreed amount of

Rs.55,00,000/-, a sum of Rs.5,00,000/- has already been paid

by the respondent in favour of the appellant No.1-

NC: 2023:KHC:30556 RFA No. 1734 of 2020

Sri M.S.Krishnappa by way of cheque dated 17.06.2023 and an

amount of Rs.10,00,000/- will be paid by the respondent in

favour of appellant No.1 by way of post dated cheque dated

21.08.2023 and also an amount of Rs.10,00,000/- will be paid

by the respondent in favour of appellant No.2-Sri Lokesh by

way of cheque dated 21.08.2023.

3. Other amount of Rs.10,00,000/- will be paid in

favour of appellant No.3-Sri Narayana Murthy by way of cheque

dated 21.08.2023 and also an amount of Rs.10,00,000/- will be

paid in favour of Mrs. Vijayalakshmi by way cheque dated

21.08.2023 and another amount of Rs.10,00,000/- will be paid

by the respondent in favour of Mrs. Roopadevi vide cheque

dated 21.08.2023 and the appellants herein have

acknowledged and admitted the same.

4. Having taken note of the agreement between the

parties, total amount of Rs.55,00,000/- is acknowledged by

way of the above terms of the agreement. Hence, the

agreement between the parties is accepted and accordingly,

the RFA is disposed of.

NC: 2023:KHC:30556 RFA No. 1734 of 2020

5. In view of disposal of the main appeal, pending

I.A.No.2/2020 does not survive for consideration and the same

is disposed of.

Sd/-

JUDGE

GBB