Sri A B Eshwarappa vs Sri B Shekar
2023 Latest Caselaw 6967 Kant

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                                                        NC: 2023:KHC:35848
                                                        RFA No. 29 of 2023




                     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                          DATED THIS THE 4TH DAY OF OCTOBER, 2023

                                           BEFORE
                           THE HON'BLE MR JUSTICE K.NATARAJAN
                       REGULAR FIRST APPEAL NO. 29 OF 2023 (MON)
                   BETWEEN:

                   SRI A. B. ESHWARAPPA,
                   S/O. LATE A. L. BASAVARAJAPPA,
                   PRESENTLY AGED ABOUT 44 YEARS,
                   RESIDING AT 'VAIDDYANATHESWARA NILAYA',
                   5TH CROSS, BASAVESHWARA BADAVANE,
                   CHAKRANAGARA MAIN ROAD,
                   ANDRAHALLI, BENGALURU - 560 091.
                                                              ...APPELLANT
                   (BY SRI H. V. DEVARAJU, ADVOCATE)

                   AND:
                   SRI B. SHEKAR,
                   S/O. SRI BASAVAIAH,
Digitally signed   PRESENTLY AGED ABOUT 44 YEARS,
by
MADHUSHREE         R/AT NO.667, 16TH MAIN, 6TH CROSS,
H
                   SRINIVASANAGARA, BANK COLONY,
Location: High
Court of           BENGALURU - 560 050.
Karnataka
                                                             ...RESPONDENT
                   (BY SRI K. MURTHY, ADVOCATE)

                        THIS RFA IS FILED UNDER SECTION 96 OF CPC AGAINST
                   THE JUDGMENT AND DECREE DATED 18.11.2022 PASSED IN
                   OS NO.5247/2017 ON THE FILE OF THE LXIV ADDITIONAL CITY
                   CIVIL AND SESSIONS JUDGE, (CCH 65) BENGALURU CITY
                   DECREEING THE SUIT FOR RECOVERY OF MONEY.

                       THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE
                   COURT DELIVERED THE FOLLOWING:
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                                                  NC: 2023:KHC:35848
                                                  RFA No. 29 of 2023




                             JUDGMENT

This appeal is filed by the appellant under Section 96 of

CPC for setting aside the judgment and decree passed by the

LXIV Addl. City Civil and Sessions Judge (CCH-65), Bengaluru

City, (for short hereinafter referred to as 'trial Court') in

O.S.No.5247/2017 dated 18.11.2022.

2. The parties are referred to as per their original

rankings before the trial court.

3. During pendency of this appeal, the

appellant/defendant and the respondent/plaintiff filed the joint

compromise petition under Order 23 Rule 3 read with Section

151 of CPC and also present before the Court along with their

respective counsel.

4. It was submitted that as per the decree, the trial

Court directed the appellant/defendant to pay Rs.4,00,000/-

together with interest at 9% p.a. till realization and now under

the compromise, appellant/defendant and the

respondent/plaintiff settled their issue for Rs.5,00,000/- as full

and final settlement. Out of which, Rs.4,00,000/- payable today

to the respondent/plaintiff by way of cheque bearing

NC: 2023:KHC:35848 RFA No. 29 of 2023

No.049995 and appellant/defendant agreed to pay remaining

amount of Rs.1,00,000/- to respondent/plaintiff by way of Post

Dated Cheque bearing No.049996 dated 29.03.2024.

5. Respondent/plaintiff and his counsel have accepted the

compromise in presence of the Court. It is also agreed by the

parties that if the cheque payment is not honor,

respondent/plaintiff can approach this Court for re-opening of

the case in accordance with law.

6. As such, there is no impediment for this Court to

accept the compromise application and dispose of the appeal in

terms of the compromise application.

7. Accordingly, the appeal is disposed of in terms of the

compromise application.

Office to draw decree accordingly.

Office to refund the Court fee to the appellant in

accordance with law.

Sd/-

JUDGE

MKM CT: BHK