Dinesh H R vs Sri. Sathish H K
2023 Latest Caselaw 9680 Kant

Karnataka High Court

Dinesh H R vs Sri. Sathish H K on 7 December, 2023

Author: K.Somashekar

Bench: K.Somashekar

                                           -1-
                                                   NC: 2023:KHC:44372-DB
                                                  COMAP No. 464 of 2023




                    IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                      DATED THIS THE 7TH DAY OF DECEMBER, 2023

                                        PRESENT
                        THE HON'BLE MR JUSTICE K.SOMASHEKAR
                                          AND
                         THE HON'BLE MR JUSTICE RAJESH RAI K
                         COMMERCIAL APPEAL NO. 464 OF 2023
               BETWEEN:

                     DINESH H R
                     S/O RAJAPPA
                     AGED ABOUT 48 YEARS
                     R/A NO.122/1, GOPAL CIRCLE
                     KUSHALANAGAR HOBLI
                     SOMVARPETE TALUK
                     KODAGU DISTRICT-571234.
                                                            ...APPELLANT
               (BY SRI. SARAVANA S - ADVOCATE)

               AND:
Digitally
signed by D    1.    SRI. SATHISH H K
K BHASKAR            S/O KITTAPPA GOWDA
Location:            AGED ABOUT 47 YEARS
High Court
of Karnataka         R/A 1ST MAIN, VIJAYANAGARA LAYOUT
                     NEAR HOSMANE CIRCLE
                     CHIKKAMAGALUR-577101.

               2.    SMT LALITHA H S
                     W/O SUNDARKUMAR
                     AGED ABOUT 42 YEARS
                     R/AT NO.12, GOMMANAKOLLI
                     VILLAGE, MULLUSOGE POST
                     KUSHALANAGAR HOBLI
                     SOMVARPETE TALUK
                     KODAGU DISTRICT-571234.
                                                         ...RESPONDENTS
                                  -2-
                                        NC: 2023:KHC:44372-DB
                                       COMAP No. 464 of 2023




     THIS COMAP FILED UNDER SECTION 13(1) OF THE
COMMERCIAL COURTS ACT, 2015 R/W SECTION 96 OF THE
CODE OF CIVIL PROCEDURE, 1908, PRAYING TO: (A) SET
ASIDE THE ORDER DATED 12/03/2022 PASSED BY THE
HON'BLE PRINCIPAL DISTRICT AND SESSIONS JUDGE,
CHIKKAMAGALURU IN COM.O.S.NO.44/2021 VIDE ANNEX-A.
(B) CONSEQUENTLY, SET ASIDE THE COMPROMISE DECREE
DATED 12/03/2022 PASSED IN COMMERCIAL O.S.NO.44/2021
BY THE PRINCIPAL DISTRICT AND SESSIONS JUDGE,
CHIKKAMAGALURU VIDE ANNEXURE A1.

     THIS COMAP, COMING ON FOR ORDERS, THIS DAY,
K. SOMASHEKAR .J., DELIVERED THE FOLLOWING:
                          JUDGMENT

Learned counsel Sri Saravana S for appellant is present

before the Court physically and referred the provision of

Section 13 (1) of Commercial Court Act relating to

maintainability of the appeal.

However, the order sheet reveals as the matter between

the parties was settled before the Lok Adalath in the presence

of Advocate Conciliator and Judge Conciliator. The parties filed

compromise petition under Order 23 Rule 3 of CPC and

contents of the same were read over to both parties and they

had agreed to the same.

In the meanwhile, learned counsel for the appellant has

filed a memo seeking liberty to the parties to pursue the

available remedies in accordance with law. Therefore, the

NC: 2023:KHC:44372-DB

memo is placed on record. Consequently, liberty is granted to

the parties to avail the remedies in accordance with law.

Further, learned counsel for the appellant submits for

refund of court fees. Therefore, the Registry is directed to

refund the court fess in accordance with law.

Sd/-

JUDGE

Sd/-

JUDGE

RJ