Karnataka High Court
Sri. Nanjappa vs Smt. Girijamma on 4 January, 2024
Author: S.R.Krishna Kumar
Bench: S.R.Krishna Kumar
-1-
NC: 2024:KHC:511
RFA No. 448 of 2021
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 4TH DAY OF JANUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR
REGULAR FIRST APPEAL NO.448 OF 2021 (MON)
BETWEEN:
SRI. NANJAPPA
AGED ABOUT 46 YEARS
RESIDING AT NO.12
MUNIKAKA VATRA
BEHIND RAJARAJESHWARI TEMPLE
KENCHENAHALLI
RAJARAJESHWARI NAGAR
BANGALORE - 560 098.
...APPELLANT
(BY SRI. K S HARISH, ADVOCATE)
AND:
SMT. GIRIJAMMA
WIFE OF LATE RAMANJINAPPA
AGED ABOUT 62 YEARS
RESIDING AT NO.48
SAPTAGIRI NILAYA
Digitally CHAMARAPPA COMPOUND
signed by
VANDANA S 1ST MAIN ROAD
Location: RAJARAJESHWARI NAGAR
HIGH BANGALORE - 560 098
COURT OF ...RESPONDENT
KARNATAKA (BY SRI. G.S. BALAGANGADHAR, ADVOCATE)
THIS RFA IS FILED UNDER SEC.96 R/W. ORDER XLI RULE 1
OF THE CPC AGAINST THE JUDGMENT AND DECREE DATED
02.01.2020 PASSED IN OS NO.3817/2015 ON THE FILE OF THE LXXV
ADDL. CITY CIVIL AND SESSIONS JUDGE, BENGALURU (CCH-76)
PARTLY DECREEING THE SUIT FOR RECOVERY OF MONEY.
THIS APPEAL, COMING ON FOR FURTHER HEARING, THIS
DAY, THE COURT DELIVERED THE FOLLOWING:
-2-
NC: 2024:KHC:511
RFA No. 448 of 2021
JUDGMENT
Parties have filed a Joint Memo / Compromise Petition,
which reads as under:
"(i) The above appeal was filed challenging the
judgment and decree dated 02.01.2020 passed by the
learned LXXV Additional City Civil & Sessions Judge,
Bengaluru (CCH-76) in O.S.No.3817/2015 whereby the
appellant / defendant was directed to pay a sum of
Rs.1,62,000/- (Rupees One lakh sixty two thousand only) to
the plaintiff together with interest at the rate of 10% per
annum on the said amount from the date of filing of the suit
until realization in full.
(ii) During the pendency of the above appeal, the
appellant had paid the entire principal amount of
Rs.1,62,000/- to the respondent and the respondent
acknowledges the receipt of the same.
(iii) Insofar as the interest is concerned, the parties
have agreed that instead of 10% p.a., the appellant shall pay
interest on Rs.1,62,000/- (Rupees one lakh sixty two
thousand only) at the rate of 6% p.a. from the date of suit.
(iv) The appellant has further agreed that he shall
pay a sum of Rs.55,000/- (Rupees fifty five thousand only) to
the respondent within a period of 4 weeks from today as full
and final settlement of the entire suit claim and the
respondent has agreed for the same.
NC: 2024:KHC:511
(v) The appellant had paid a sum of Rs.17,500/-
(Rupees seventeen thousand five hundred) as court fee on
the above appeal and the appellant has no objection for this
Hon'ble Court to release the same to the respondent. It is
further agreed that the Court fee paid by the respondent in a
sum of Rs.12,450/- (Rupees twelve thousand four hundred
and fifty only) on the plaint before the Trial Court shall also
be released to the respondent herein.
Wherefore, this Hon'ble Court may be pleased to
record the above terms of settlement and accordingly
dispose the above appeal by modifying the judgment and
decree of the Trial Court, in the interest of justice and
equity."
2. The parties submit that the present appeal arises out
of the impugned judgment and decree dated 02.01.2020 whereby
the appellant - defendant was directed to pay a sum of
Rs.1,62,000/- together with interest at 10% per annum on the said
amount from the date of the suit till realization. As per the
judgment and decree, the appellant - defendant would be liable to
pay a sum of Rs.1,62,000/- + Rs.84,000/-. However, by way of
amicable settlement parties have agreed that appellant would pay
interest at 6% per annum on the principal amount of Rs.1,62,000/-
from the date of the suit, till realization. The said interest at 6% per
NC: 2024:KHC:511
annum on Rs.1,62,000/- from the date of the suit till payment,
comes to around Rs.84,000/-.
3. As per the directions and orders of this Court, the
appellant has already paid the entire principal amount of
Rs.1,62,000/- to the respondent, who acknowledges the receipt of
the entire principal amount from the appellant. Insofar as the
interest is concerned, parties have agreed to pay a sum of
Rs.84,000/- to the respondent towards full and final settlement of
all claims of the respondents against the appellant. The details of
the interest payable to by the appellant to the respondent is as
under:
(i) Rs.55,000/- shall be paid by the appellant
to the respondent within a period of four weeks from
today.
(ii) Rs.17,500/- which is the Court fee paid on
the memorandum of appeal, which parties have agreed
shall be paid by the Registry to the respondent instead
of the appellant.
(iii) A sum of Rs.12,450/- paid by the
respondent - plaintiff shall be disbursed / released in
NC: 2024:KHC:511
favour of the respondent - plaintiff by the Registry of the
Trial Court.
4. The said Joint Memo is placed on record and the
impugned judgment and decree is modified accordingly.
5. In the result, I pass the following:
ORDER
(i) Appeal is hereby disposed of in terms of
the Joint Memo.
(ii) The impugned judgment and decree is
modified accordingly in terms of the Compromise
petition.
(iii) Appellant shall pay a sum of Rs.55,000/- to
the respondent within a period of four weeks from today.
(iv) Registry of this Court is directed to disburse
a sum or Rs.17,500/- paid by the appellant on the
Memorandum of Appeal to the respondent forthwith
without any delay.
NC: 2024:KHC:511
(v) Registry of the Trial Court is directed to
release a sum of Rs.12,450/- paid by the respondent -
plaintiff on the plaint back to the plaintiff forthwith
immediately upon receipt of a copy of this order.
Sd/-
JUDGE
SV
