Karnataka High Court
M/S Mangalam Granites vs Sri. S. P. Mahendran on 1 June, 2023
Bench: H T Prasad
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RFA No. 552 of 2017
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 1ST DAY OF JUNE, 2023
BEFORE
THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD
REGULAR FIRST APPEAL NO. 552 OF 2017 (MON)
BETWEEN:
M/S MANGALAM GRANITES
NO. 14/1, KUNIGAL ROAD
OPPOSITE NANDI FARM
NELAMANGALA
BANGALORE RURAL DISTRICT
M/S MANGALAM GRANITES
ASHWATH NAGAR
BANGALORE - 560 094.
REPRESENTED HEREIN BY ITS
AUTHORISED SIGNATORY
SRI. NARAYANDAS JAJU
...APPELLANT
(BY SRI. RAVISHANKAR R H., ADVOCATE)
Digitally signed
by AND:
DHANALAKSHMI
MURTHY
Location: High SRI. S. P. MAHENDRAN
Court of M/S GOLDEN GRANITES SY NO.8
Karnataka
MAREGOWDANAHALLY VILLAGE
BEMMATHI POST, KONANURU
ARKALAGUD TALUK
HASSAN DISTRICT.
...RESPONDENT
(BY SRI.S.VIVEKANANDA.,ADVOCATE FOR
SMT. V.GANGA BAI, ADVOCATE)
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RFA No. 552 of 2017
THIS RFA IS FILED UNDER SECTION 96 R/W ORDER XLI
RULE 1 & 2 OF CPC., AGAINST THE JUDGMENT AND DECREE
DATED:25.08.2016 PASSED IN OS NO.15/2013 ON THE FILE
OF THE SENIOR CIVIL JUDGE AND JMFC., ARKALGUD, PARTLY
DECREEING THE SUIT FOR RECOVERY OF MONEY.
THIS APPEAL, COMING ON FOR HEARING, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
JUDGMENT
This appeal is filed by the defendant under Section 96
of Civil Procedure Code challenging the judgment and
decree dated 25.08.2016 in O.S.No.15/2013 passed by
the Senior Civil Judge and JMFC, Arkalgud, whereby the
suit filed by the plaintiff has been partly decreed for a sum
of Rs.6,79,171/-.
2. For the sake of convenience, the parties are
referred to as per their rankings before the trial court.
3. After service of notice the parties have settled
the matter. Today, they have filed a compromise petition
under Order 23 Rule 3 r/w. Section 151 of CPC.
4. The parties are present before the Court and
submit that they have mutually entered into an agreement
RFA No. 552 of 2017
and they have settled the matter as per the compromise
petition. They have been identified by their respective
counsel. The compromise petition is taken on record and
the same is extracted below:
" I. Respondent herein had instituted a suit
seeking recovery of Rs.6,79,171/- (Rupees Six
Lakhs Seventy Nine Thousand One Hundred
Seventy One Only) along with interest from the
Appellant herein in O.S.No.15/2013 before the
Hon'ble Senior Civil Judge & JMFC at Arkalgud
(hereinafter referred to as Trial Court). After service
of summons appellant herein entered appearance
and filed Written Statement.
II. After hearing the parties, the Trial Court by
Judgment and Decree dated 15/2013 partly
decreed the said Suit and directed the Appellant
herein to pay an amount of Rs.6,79,171/- (Rupees
Six Lakhs Seventy Nine Thousand One Hundred
Seventy One Only) within one month from the date
of the said Judgment failing which interest was
ordered to paid at the rate of 8% per annum from
the date of due till date of realization.
RFA No. 552 of 2017
III. Respondent herein filed Execution Petition in
Ex.Pet No.161/2016 in order to execute the said
Judgment and Decree.
IV. Appellant herein in the meanwhile filed the
above Appeal challenging the above said Judgment
and Decree dated 25.08.2016 in O.S.No.15/2013
passed by the Trial Court. This Hon'ble Court by
Order dated 29.11.2019 granted an order of stay of
operation of the said judgment and decree subject
to the condition that the Appellant herein deposits
50% of the Decretal Amount along with interest
accrued thereon in the Trail Court.
V. As per the order dated 29.11.2019 passed by
this Hon'ble Court, the Appellant herein has
deposited the said 50% of decretal amount along
with interest before the Trial Court, the details of
which are as under:
Amount Rs.6,02,588/-
Deposited (Rupees Six Lakshs Two Thousand
Five Hundred Eighty Eight Only
Date of 10.01.2020
Deposit
J.D.No. 131/19-2020
Dated 20.01.2020
R.O.No. 35862
Dated: 18.01.2020
DD No. 450657
DD Drawn SBI Arkalgud
RFA No. 552 of 2017
On
DD Date 09.01.2020
Case Number Ex.Pet No.161/2016 in
O.S.No.15/2013
Court Senior Civil Judge & JMFC,
Arkalgud
Designation
VI. At the intervention of well wishers, the parties
to the above Appeal have agreed to amicably
resolve their disputes/ differences inter se and
settle the matter.
VII. Having settled the matter amongst
themselves, the Parties are desirous of recording
the same by this Compromise Petition, on the
following terms and conditions:
1. Appellant herein agrees to pay a sum of
Rs.4,00,000/- (Rupees Four Lakhs Only) towards
full and final settlement of all the dues to the
Respondent under the Judgment and Decree dated
25.08.2016 in O.S.No.15/2013 passed by the Trial
Court and the Respondent hereby accepts the same
towards full and final satisfaction of all dues from
the Appellant under the said Judgment and Decree;
2. It is agreed between the parties that out of
total amount deposited by the Appellant before the
RFA No. 552 of 2017
Trial Court i.e Rs.6,02,588/- (Rupees Six Lakhs Two
Thousand Five Hundred Eighty Eight Only), the
Respondent herein is entitled to withdraw an
amount of Rs.4,00,000/- (Rupees Four Lakhs Only)
from the Trial Court which shall be considered as
payment of the amounts as per this Compromise by
the Appellant to the Respondent towards full and
final satisfaction of his claim. The balance amount
of Rs.2,02,588/-(Rupees Two Lakhs Two Thousand
Five Hundred Eighty Eight Only) out of the amount
deposited before the Trial Court (details furnished
above) as stated shall be taken back by the
Appellant herein.
3. All parties hereby agree and confirm that this
settlement arrived at between themselves is mutual
and most equitable amongst themselves;
4. The Parties hereby declare and state that they
have entered into, executed and admitted
execution of this Compromise Petition out of their
own free will and volition, without any coercion or
undue influence, and that they jointly and/or
severally accept to be unconditionally bound by the
terms and conditions of this Compromise. The
terms of this Compromise Petition shall be binding
upon the heirs, assigns, legal representatives and
any person claiming right through them.
RFA No. 552 of 2017
5. The Parties hereby agree and declare that
none of them have any further claims against any
of the other and all disputes and differences in
relation to this Appeal has completely settled, fully
and finally by this Compromise.
6. Any breach of the terms of this Compromise
by parties, shall entitle the other parties to execute
the decree that may be passed in terms hereof.
7. The parties to the Appeal agree that the
Appeal may be decreed in terms of the compromise
terms mentioned above.
Wherefore the parties pray that this Hon'ble
Court be pleased to dispose the above Appeal in
terms of this Compromise Petition and order refund
of Court Fees paid on the Appeal by Appellant to
the Appellant in accordance with law leaving the
parties to bear their respective costs, in the interest
of justice and equity."
5. Accordingly, appeal is disposed of in terms of the
compromise petition.
RFA No. 552 of 2017
Office is directed to draw the decree in terms of the
compromise petition.
Since the matter is settled out of Court, as per the
provisions of Section 66 of the Karnataka Court-Fees and
Suits Valuation Act, 1958, office is directed to refund the
court fee in favour of the appellant, after due verification.
Sd/-
JUDGE
CM
