Sri Kumaraswamy vs Sri Tharanath R
2024 Latest Caselaw 766 Kant

Karnataka High Court

Sri Kumaraswamy vs Sri Tharanath R on 9 January, 2024

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                                                               NC: 2024:KHC:1032
                                                           RFA No. 536 of 2012




                           IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                              DATED THIS THE 9TH DAY OF JANUARY, 2024

                                               BEFORE
                                 THE HON'BLE MR JUSTICE C M JOSHI
                            REGULAR FIRST APPEAL NO. 536 OF 2012 (MON)
                      BETWEEN:

                            SRI. KUMARASWAMY,
                            S/O KRISHNA SETTEE,
                            R/AT NO. 428, 13TH MAIN ROAD,
                            14TH CROSS, LAKKASANDRA EXTENSION,
                            WILSON GARDEN, BANGALORE- 560 030,
                            ALSO AT: THE OFFICE OF DIRECTOR,
                            STUDENTS WELFARE, BANGALORE UNIVERSITY,
                            BANGALORE - 560 065.
                            SINCE DEAD BY HIS LEGAL REPRESENTATIVES:

                      1.    RADHA C.R,
                            W/O LATE KUMARASWAMY K,
                            AGED 56 YEARS,
Digitally signed by
VIJAYALAKSHMI
BN                    2.    RAGHAVENDRA VISHWAS,
Location: High              S/O LATE KUMARASWAMY K,
Court of
Karnataka                   AGED 28 YEARS,

                            BOTH ARE RESIDING AT:
                            NO.29, 2ND CROSS,
                            GANGAMMA LAYOUT, AMRUTHAHALLI,
                            BANGALORE - 560 092.
                                                                   ...APPELLANTS
                      (BY SRI. T.S. CHANDRAPRABHA, ADVOCATE)
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                                              NC: 2024:KHC:1032
                                           RFA No. 536 of 2012




AND:

SRI. THARANATH R,
AGED ABOUT 28 YEARS,
S/O N.V. RAMACHANDRAIAH,
R/AT NO. 63, (39/4), 1ST MAIN ROAD,
"B" CROSS, NEW GUDDADAHALLI,
MYSORE ROAD, BANGALORE - 26.
                                                 ...RESPONDENT
(BY SMT. VIDHYA G.K, ADVOCATE FOR
    SRI. T.N. VISWANATHA, ADVOCATE)

       THIS RFA IS FILED UNDER SEC.96 R/W ORDER 41 RULE
1 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED
9.12.2011 PASSED IN O.S.NO.3457/2008 ON THE FILE OFK
THE XIX ADDL. CITY CIVIL & SESSIONS JUDGE, BANGALORE,
DECREEING THE SUIT FOR RECOVERY OF MONEY.

       THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE

COURT DELIVERED THE FOLLOWING:

                           JUDGMENT

Both the appellants and respondent are present before

this Court along with their counsels.

2. The parties are duly identified by the learned counsels

appearing for them.

3. Both the parties submit that the matter has been

settled amicably out of Court and the appellants have paid a

sum of Rs.1,77,500/- today through demand draft and the

NC: 2024:KHC:1032

balance of the amount which is in deposit before this Court in a

sum of Rs.47,500/- be paid to the respondent. Thus, the total

settlement arrived is at Rs.2,25,000/- towards full and final

settlement of the claim of the plaintiff/respondent herein.

4. The said settlement being just and proper in the

interest of the parties, joint memo is accepted.

5. The impugned judgment of the Trial Court in O.S.

No.3457/2008 dated 09.12.2011 is hereby set aside and the

suit is disposed of in terms of the joint memo filed by the

parties. There shall be a decree accordingly.

6. The amount which is in deposit before this Court be

paid to the respondent herein. Court fee paid by the appellants

be refunded to them.

Sd/-

JUDGE

VS

CT: BHK