Managind Director And Ors vs M/S A.R Sales Corporations And Ors
2023 Latest Caselaw 10028 Kant

Karnataka High Court

Managind Director And Ors vs M/S A.R Sales Corporations And Ors on 9 December, 2023

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HIGH COURT LEGAL SERVICES COMMITTEE, KALABURAGI
              BEFORE THE LOK-ADALAT

           IN THE HIGH COURT OF KARNATAKA
                  KALABURAGI BENCH


     DATED THIS THE 09TH DAY OF DECEMBER, 2023

               CONCILIATORS PRESENT

         THE HON'BLE MR. JUSTICE C M JOSHI
                         AND
         SRI. LIYAQAT FAREED USTAD, MEMBER

                R.F.A. No.200198/2023
                Lok Adalat No.446/2023

BETWEEN:

1.   THE MANAGING DIRECTOR,
     KARNATAKA NIRAVARI NIGAM
     COFFEE BOARD, 1ST FLOOR,
     BENGALURU-560001.
2.   THE CHIEF ACCOUNTS OFFICER,
     KARNATAKA BUILDING,
     BELUR, DHARWAD-580001.
3.   THE CHIEF ENGINEER,
     IRRIGATION PROJECT ZONE,
     KALABURAGI-585101.
4.   THE EXECUTIVE ENGINEER,
     KARNATAKA NIRAVARI NIGAM,
     BENNITORA PROJECT, DIVISION NO.4,
     HEBBAL, TQ: CHITTAPUR,
     DIST: KALABURAGI-585101.
                                     ... APPELLANTS
(BY SRI. SANJEEVKUMAR C PATIL, ADVOCATE)
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AND:

1.   M/S A.R. SALES CORPORATIONS,
     THROUGH ITS PROPRIETOR,
     ASHOK S/O MALLAPPA MADGI,
     AGE: 62 YEARS, R/O GODUTAI NAGAR,
     KALABURAGI-585101.

2.   THE STATE OF KARNATAKA,
     THROUGH DEPUTY COMMISSIONER,
     KALABURAGI-585101.

3.   THE SECRETARY TO GOVERNMENT
     OF KARNATAKA,
     WATER RESOURCES DEPARTMENT,
     BENGALURU-300001.
                                      ... RESPONDENTS

(BY SRI. SHRAVANKUMAR MATH, ADVOCATE FOR R1)

THIS REGULAR FIRST APPEAL IS FILED UNDER ORDER RULE 41 RULE 1 AND 2 OF CPC, PRAYING TO ALLOW THE APPEAL AND SET ASIDE THE JUDGMENT AND DECREE DATED 09.06.2023 PASSED IN O.S.NO.87/2015 PASSED BY THE III ADDL. SENIOR CIVIL JUDGE, KALABURAGI AND DISMISS THE SUIT AND ETC.

THIS APPEAL COMING ON FOR CONCILIATION BEFORE LOK ADALAT, THIS DAY, THE FOLLOWING ORDER IS PASSED:

CONCILIATION ORDER The learned counsel for the appellants and the

learned counsel appearing for respondent No.1 along

with their counsel are present.

2. A compromise petition under Order 23 Rule

3 of CPC, has been filed, signed by the respective

parties as well as the learned counsel appearing for

both the appellants and respondent No.1.

3. It is stated that the parties have settled

their dispute amicably without any force or fraud by

way of compromise. The aforesaid parties have affixed

their signatures to the petition voluntarily. The

appellant No.4 has agreed to pay a sum of

Rs.19,84,607/- inclusive of the cost and the interest

till 31.10.2023. The respondent No.1 has also agreed

to receive the same as a full and final settlement of

the claim involved in the suit. Respondent Nos.2 and

3 are the formal parties.

4. Having satisfied with the said settlement is

just and proper, the compromise petition is accepted.

The suit as well as the appeal before the Court is

disposed of in terms of the compromise petition.

5. The parties who are present before the

Court submits that they have settled the entire

dispute and accepts the terms of compromise.

6. The appeal is disposed of in terms and

conditions of the compromise petition. The decree of

the Trial court shall stand modified accordingly.

Decree shall be drawn in terms of the

compromise petition.

Admissible Court fee shall be refunded in favour

of the appellant No.4.

Sd/-

(C M JOSHI) JUDGE

Sd/-

(LIYAQAT FAREED USTAD) MEMBER msr