The State Of Karnataka vs M N Lokesh S/O Late M S Nanjappa Gowda
2023 Latest Caselaw 11284 Kant

Karnataka High Court

The State Of Karnataka vs M N Lokesh S/O Late M S Nanjappa Gowda on 20 December, 2023

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                                                      NC: 2023:KHC:46501-DB
                                                        RFA No. 1713/2010



                     IN THE HIGH COURT OF KARNATAKA AT BENGALURU
                       DATED THIS THE 20TH DAY OF DECEMBER, 2023
                                         PRESENT
                         THE HON'BLE MRS JUSTICE K.S.MUDAGAL
                                               AND
                          THE HON'BLE MR JUSTICE K V ARAVIND
                       REGULAR FIRST APPEAL NO. 1713/2010 (DEC)
                BETWEEN:

                1.    THE STATE OF KARNATAKA
                      REPRESENTED BY THE SECRETARY
                      TO GOVERNMENT OF KARNATAKA
                      PUBLIC WORKS DEPARTMENT
                      M.S. BUILDING, BANGALORE-01

                2.    THE EXECUTIVE ENGINEER
                      PWD DIVISION
                      CHITRADURGA - 577 701                ... APPELLANTS


                (BY SRI. BASAVARAJ GODACHI, AGA)
                AND:

                M N LOKESH
                S/O LATE M S NANJAPPA GOWDA
Digitally
signed by K S   AGED ABOUT 45 YEARS
RENUKAMBA       CONTRACTOR BY PROFESSION
Location:       HINDU,
High Court of
Karnataka       R/O BEHIND SRIRAJ THEATRE
                SRINAGAR, TUMKUR      - 572 102              ...RESPONDENT

                (BY SRI.PRADEEP KUMAR R.H., ADVOCATE FOR
                    SRI.SHANMUKHAPPA, ADVOCATE)

                      THIS REGULAR FIRST APPEAL IS FILED UNDER SECTION 96 OF
                CPC,    SETTING ASIDE THE JUDGMENT AND DECREE DATED
                21.12.2009 PASSED IN O.S.25/2003 ON THE FILE OF THE I-ADDL.
                CIVIL JUDGE (SR. DN), CHITRADURGA, DECREEING THE SUIT FOR
                DECLARATION AND RECOVERY OF MONEY.
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                                                 NC: 2023:KHC:46501-DB
                                                    RFA No. 1713/2010



     THIS APPEAL COMING ON FOR ORDERS                         THIS    DAY,
K.S.MUDAGAL J., DELIVERED THE FOLLOWING:

                                  JUDGMENT

Sri Pradeep Kumar. R.H, learned Counsel submits vakalat

for Sri. A.B Channabasavaiah the Special Power of Attorney

Holder of the respondent along with the copy of the Special

Power of Attorney. The same is taken on record.

2. Sri T.S Mallikarjuna, the Executive

Engineer/appellant No.2, Sri. A.B Channabasavaiah the Special

Power of Attorney Holder of the respondent and both side

Counsel are present.

3. Heard the parties and perused the mediation report

and memorandum of settlement submitted by the Bengaluru

Mediation Centre.

4. Parties admit that they have voluntarily executed

the memorandum of settlement and terms of the same.

5. As per the terms of the memorandum of

settlement, the respondent has agreed to receive

Rs.35,08,878/ plus GST applicable on that on or before

08.03.2024 and the appellant has agreed to refund EMD and

security deposit of Rs.2,78,000/- to the respondent on or

NC: 2023:KHC:46501-DB

before 08.03.2024. The respondent has accepted for the said

amount in full settlement of his claim.

6. Memorandum of settlement is found admissible

under the law. Therefore the same is recorded. The appeal

deserves to be allowed in terms of the memorandum of

settlement. Hence the following:

ORDER

The appeal is allowed.

The impugned judgment and decree is hereby set aside.

The suit in O.S.No.25/2003 on the file of the I-Additional

Civil Judge (Senior Division), Chitradurga is decreed in terms of

memorandum of settlement submitted by the parties.

Draw decree accordingly.

Sd/-

JUDGE

Sd/-

JUDGE

PKN