Sri Venkatesha Naidu vs Sri P Sanjeeva Murthy Rao
2023 Latest Caselaw 7493 Kant

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                                                      NC: 2023:KHC:39021
                                                     RFA No. 870 of 2019




                 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                   DATED THIS THE 2ND DAY OF NOVEMBER, 2023

                                        BEFORE
                   THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR
                   REGULAR FIRST APPEAL NO.870 OF 2019 (MON)
            BETWEEN:

            1.   SRI VENKATESHA NAIDU
                 NOW AGED ABOUT 68 YEARS
                 S/O J M NAIDU

            2.   SMT. R VASANTHA AND NOT VASANTHAMMA
                 NOW AGED ABOUT 60 YEARS
                 W/O SRI. VENKATESHA NAIDU

                 BOTH ARE R/AT VG FLOOR MILL AND
                 VG TRAVELS, NO.90/5, 26TH MAIN,
                 1ST STAGE , 2ND MAIN, BTM LAYOUT,
                 BANGALORE 560 076.
                                                             ...APPELLANTS
            (BY SRI. IMRAN PASHA, ADVOCATE)
            AND:
                 SRI P SANJEEVA MURTHY RAO
                 SINCE DEAD BY HIS LRS
Digitally
signed by
VANDANA S   1.   SRI. GURURAJA P S
Location:        AGED ABOUT 47 YEARS
HIGH             S/O LATE P SANJEEVA MURTHY RAO
COURT OF
KARNATAKA   2.   SMT. T R NANDINI DATTA
                 AGED ABOUT 49 YEARS
                 D/O LATE P SANJEEVA MURTHY RAO

            3.   SMT. P S MANJU BHASHINI
                 AGED ABOUT 66 YEARS
                 W/O LATE P SANJEEVA MURTHY RAO

                 ALL ARE R/AT OPP TO RAGHAVENDRA SWAMY MUTT
                 NEAR RAILWAY GATE, TUMKUR.
                                                            ...RESPONDENTS
            (BY SRI. C N SATYANARAYANA SHASTRY, ADVOCATE)
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                                              NC: 2023:KHC:39021
                                             RFA No. 870 of 2019




     THIS RFA IS FILED UNDER SECTION 96 R/W ORDER 41 RULE
1 OF CPC AGAINST JUDGMENT AND DECREE DATED 31.01.2019
PASSED IN O.S.NO.4665/2002 ON THE FILE OF THE XXXI
ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BANGALORE,
DECREEING THE SUIT FOR RECOVERY OF MONEY.

      THIS APPEAL, COMING ON FOR FURTHER HEARING, THIS
DAY, THE COURT DELIVERED THE FOLLOWING:

                           JUDGMENT

This appeal by the defendants in O.S.No.4665/2002 on the

file of the XXXI Addl. City Civil & Sessions Judge, Bengaluru, is

directed against the impugned judgment and decree dated

31.01.2019 passed by the Trial Court, whereby the said suit filed by

the respondents - plaintiffs was decreed in their favour directing

the appellants - defendants to pay a sum of Rs.3,45,200/- together

with interest at 18% per annum from the date of the suit till

payment within a period of three months, failing which the

appellants have been directed to pay interest at 24% per annum for

the delayed period.

2. A Joint Memo is filed by both sides reporting amicable

settlement between the parties. The said Joint Memo is signed by

appellant No.1 and respondent No.1 as well as their respective

counsel, who have identified the parties and all of them are

NC: 2023:KHC:39021 RFA No. 870 of 2019

physically present before this Court today and admit having filed

the aforesaid Joint Memo.

3. As per the settlement arrived at between the parties,

the appellants have agreed to pay a total sum of Rs.10 lakhs to the

respondents towards full and final settlement / satisfaction of the

judgment and decree passed by the Trial Court as well as all the

claims of the respondents - plaintiffs against the appellants. The

details of the total sum of Rs.10 lakhs agreed to be paid by the

appellants to the respondents are as under:

a) Rs.8,30,000/- which has been deposited by

the appellants before this Court in the present appeal.

b) Rs.81,435/- which is the Court Fee paid by

the appellants on the Memorandum of Appeal.

c) Rs.88,565/- which will be paid by the

appellants in favour of the respondents on or before

20.11.2023.

4. The parties have agreed that the aforesaid sum of

Rs.8,30,000/- which is in deposit before this Court shall be

released / disbursed in favour of the respondents forthwith. So

also, it is agreed that the Court Fee of Rs.81,435/- paid on the

NC: 2023:KHC:39021 RFA No. 870 of 2019

Memorandum of Appeal shall be released / disbursed in favour of

the respondents forthwith. The appellants have also agreed to pay

the balance sum of Rs.88,565/- to the respondents on or before

20.11.2023.

5. Being satisfied that the settlement / compromise

entered into between the parties is lawful, I deem it just and

appropriate to accept the Joint Memo and dispose of the appeal by

suitably modifying the impugned judgment and decree in terms of

the Joint Memo of settlement entered into between the parties.

6. In the result, I pass the following:

ORDER

(i) Appeal is disposed of in terms of the Joint

Memo filed by the parties.

(ii) The impugned judgment and decree dated

31.01.2019 passed in O.S.No.4665/2002 by the XXXI

Addl. City Civil & Sessions Judge, Bengaluru, is modified

in terms of the Joint Memo filed by the parties.

(iii) Registry is directed to release a sum of

Rs.8,30,000/- which has been deposited by the appellants

NC: 2023:KHC:39021 RFA No. 870 of 2019

before this Court in the present appeal in favour of the

respondents forthwith without any delay;

(iv) Registry is also directed to release a sum of

Rs.81,435/- which is the Court Fee paid on the

Memorandum of Appeal in favour of the respondents

forthwith without any delay.

(v) The appellants shall pay the balance sum of

Rs.88,565/- to the respondents on or before 20.11.2023.

(vi) Registry to draw decree accordingly.

Sd/-

JUDGE

SV