Sri S M Patil vs The Oriental Bank Of Commerce
2023 Latest Caselaw 7854 Kant

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                                                       NC: 2023:KHC:41672
                                                    RFA No. 1418 of 2008




                IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                  DATED THIS THE 20TH DAY OF NOVEMBER, 2023

                                        BEFORE
                     THE HON'BLE MR JUSTICE V SRISHANANDA
                 REGULAR FIRST APPEAL NO. 1418 OF 2008 (MON)


               BETWEEN:

               SRI S M PATIL
               S/O M.S.PATIL,
               AGE:71 YRS
               ADVOCATE, R/O NO.1,
               SHANTHI NIKEHTAN
               NEAR COFFEE BOARD LAYOUT
               HEBBAL, KEMPAPURA
               BANGALORE-24
                                                             ...APPELLANT
               (BY SRI. R B SADASIVAPPA., ADVOCATE &
                   SRI. G.B. NANDISH GOWDA, ADVOCATE)

Digitally signed by AND:
R MANJUNATHA
Location: HIGH
COURT OF            THE ORIENTAL BANK OF COMMERCE
KARNATAKA           NO.24, H.J.S CHAMBERS
               RICHMOND ROAD, BANGALORE-25
               REP BY ITS MANAGER
                                                           ...RESPONDENT
               (BY SRI. PRASHANT N HEGDE., ADVOCATE)

                    THIS REGULAR FIRST APPEAL IS FILED U/S 96 CPC
               AGAINST THE JUDGMENT AND DECREE DATED 28.07.2008
               PASSED IN OS.No.6587/2003 ON THE FILE OF THE XXXIX
               ADDL.CITY CIVIL JUDGE, BENGALURU, DECREEING THE SUIT
               FOR RECOVERY OF MONEY AND CONSEQUENTLY DISMISSING
               THE COUNTER CLAIM AND ETC.,
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                                             NC: 2023:KHC:41672
                                          RFA No. 1418 of 2008




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


                         JUDGMENT

Appellant-Sri S.M.Patil and Sri M.Srinivasa Rao,

authorized signatory of the respondent bank are present.

2. Joint Memo is signed by both the parties. Contents

of the joint memo reads as under:

"The appellant and respondent submit that as suggested by this Hon'ble Court both the parties has discussed and agreed to settle the matter in dispute between themselves. Accordingly, the appellant has agree to withdraw the above appeal and not to claim any amount from the respondent Bank as his legal fee in O.S.No.6284/1991 and respondent bank has also agreed to withdraw suit claim in O.S.No.6587/2003 and withdraw the suit as not pressed.

WHEREFORE, appellant and respondent pray that this Hon'ble Court may be pleased to dismiss the above appeal as settled out of Court and order for refund of the Court fee paid in the above appeal and suit O.S.No.6587/2003 render justice and

NC: 2023:KHC:41672 RFA No. 1418 of 2008

equity. Both the parties to the above appeal admit that they have no claims against each other."

3. On enquiry with the parties, they submit that they

have redressed the differences and want to dispose of the

appeal in terms of the joint memo. Accordingly, there is

no impediment for this Court to dispose of the appeal in

terms of the joint memo. Hence, the following:

ORDER

(i) Appeal is disposed of in terms of the joint memo.

(ii) Office is directed to draw modified decree in terms of the joint memo by appending the copy of the joint memo as part of the decree.

(iii) In view of the settlement between the parties, appellant is entitled to refund of permissible Court fee before this Court and before the Trial Court which he has paid on counter claim and the plaintiff-bank who is the respondent is entitled to refund of permissible Court fee before the Trial Court.

NC: 2023:KHC:41672 RFA No. 1418 of 2008

(iv) Original title deeds belonging the appellant filed by the plaintiff-bank is entitled to be returned to the appellant, before the Trial Court, under due identification, in view of the settlement.

   (v)      No order as to costs.



                                       Sd/-
                                      JUDGE




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