Karnataka High Court
Smt. Sunanda vs Sri. T M Jaganmohan on 6 January, 2023
Bench: N S Gowda
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RFA No. 1179 of 2018
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 6TH DAY OF JANUARY, 2023
BEFORE
THE HON'BLE MR JUSTICE N S SANJAY GOWDA
REGULAR FIRST APPEAL NO. 1179 OF 2018 (SP/DE/IN)
BETWEEN:
1. SMT. SUNANDA
W/O BASAVARAJU
AGED ABOUT 47 YEARS
2. SRI. BASAVARAJU
S/O LATE LINGAPPA
AGED ABOUT 56 YEARS
BOTH ARE R/AT NO.121
14TH CROSS, MUNESHWARA BLOCK
MAHALAKSHMIPURAM
BANGALORE-560086
...APPELLANTS
(BY SRI. A G BALLOLLI, DVOCATE)
AND:
Digitally signed
by BELUR SRI. T. M. JAGANMOHAN
RANGADHAMA S/O TAMANNA
NANDINI
AGED ABOUT 78 YEARS
Location: High
Court of R/A NO.3/B, 14TH MAIN
Karnataka 2ND STAGE, WEST OF CHORD ROAD
SHANKARMATT MAIN ROAD
MAHALAKSHMIPURAM
BANGALORE-86
...RESPONDENT
(BY SRI. SURESHA M., ADVOCATE)
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RFA No. 1179 of 2018
THIS RFA IS FILED UNDER SECTION 96 OF CPC,
AGAINST THE JUDGMENT AND DECREE DATED 21.03.2018
PASSED IN O.S. NO.1563/2012 ON THE FILE OF THE XVIII
ADDL. CITY CIVIL AND SESSIONS JUDGE, BENGALURU
DECREEING THE SUIT FOR SPECIFIC PERFORMANCE AND
INJUNCTION.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
JUDGMENT
On 24.06.2022 the matter was referred to the Bengaluru
Mediation Centre to enable the possibilities of an amicable
settlement.
2. Before the Bengaluru Mediation Centre, the parties
have settled the differences and also entered into a
'Memorandum of Settlement' which reads as under:
MEMORANDUM OF SETTLEMENT UNDER SECTION 89 OF
CPC READ WITH RULES 24 AND 25 OF THE KARNATAKA
CIVIL PROCEDURE (MEDIATION RULES), 2005
I. The appellants have filed the above appeal against the
respondent against the judgment and decree dated
21.03.2018 passed in O.S.No.1563/2012 on the file of the
XVIII Addl. City Civil Judge, Bengaluru, to set aside the
said order.
II. The aforesaid appeal was referred to mediation for
resolving the dispute between the parties. In the course
RFA No. 1179 of 2018
of mediation, the appellants and the respondent along
with their respective counsels were present, they have
resolved their dispute and have agreed to the following
terms and conditions:-
1. The appellants have agreed to pay Rs.5,00,000/-
(Rupees Five Lakhs Only) as full and final settlement
against the claim of the respondent. Out of the said sum
of Rs.5,00,000/- (Rupees Five Lakhs Only) a sum of
Rs.4,09,600/- (Rupees Four Lakhs Nine Thousand and Six
Hundred Only) has been deposited by the appellants
before the Hon'ble High Court of Karnataka, Bengaluru in
pursuant to the conditional interim order granted. The
appellants have no objections to withdraw the said
amount by the respondent. Balance amount of
Rs.90,400/- (Rupees Ninety Thousand Four Hundred
Only) has been paid during the pendency of the above
appeal. The respondent acknowledges the receipt of the
said amount.
2. The respondent has agreed to return all the original
documents pertaining to the above case to the appellants.
III. In view of the aforesaid agreement entered into
between the parties, the parties pray that this Hon'ble
Court be pleased dispose off the above appeal and to pass
appropriate order in terms of this agreement.
RFA No. 1179 of 2018
3. In view of the above, the appeal shall stand
disposed of in terms of the 'Memorandum of Settlement'. As
agreed upon in the 'Memorandum of Settlement', the amount in
deposit shall be made over to the respondent. Office to return
the court fee.
SD/-
JUDGE
BRN
