Karnataka High Court
Mallangouda S/O Veeranagouda Kanihal vs Rajashekar Kajagar S/O Late ... on 1 July, 2024
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NC: 2024:KHC-K:4446
RSA No. 200194 of 2019
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 1ST DAY OF JULY, 2024
BEFORE
THE HON'BLE Mrs JUSTICE K S HEMALEKHA
REGULAR SECOND APPEAL NO.200194 OF 2019 (MON)
BETWEEN:
MALLANGOUDA
S/O VEERANAGOUDA DEVAREDDY
AGE: 59 YEARS, OCC: BUSINESS,
R/O. K.H.B. COLONY, SINDHANUR,
TQ. SINDHANUR, DIST. RAICHUR-584101.
...APPELLANT
(BY SMT. REKHA PATIL, ADV. FOR
SRI G. G. CHAGASHETTI, ADVOCATE)
AND:
RAJASHEKAR KAJAGAR
S/O LATE MALLIKARJUN
AGE: 50 YEARS, OCC: AGRICULTURIST,
R/O. NEAR IDAGA MAIDANA, MANVI,
Digitally signed TQ. MANVI,
by SUMITRA
SHERIGAR DISTRICT: RAICHUR-584101.
Location: HIGH ...RESPONDENT
COURT OF
KARNATAKA (BY SMT. HEMA L.K., AND SRI LAXMIKANT H.K., ADVOCATES)
THIS RSA IS FILED U/S 100 OF CPC, PRAYING TO ALLOW
THE ABOVE REGULAR SECOND APPEAL AND TO SE ASIDE THE
JUDGMENT AND DECREE DATED: 15.06.2018 PASSED BY THE
SENIOR CIVIL JUDGE AND JMFC SINDHANUAR SITTING AT MANVI
IN R.A.NO.16/2015, DISMISSING THE APPEAL AND CONFIRMING
THE JUDGMENT AND DECREE DATED 13.03.2015 PASSED BY THE
LEARNED CIVIL JUDGE AND JMFC, MANVI IN O.S. NO.107/2009
AND ETC.
THIS APPEAL, COMING ON FOR REPORTING SETTLEMENT,
THIS DAY, THE COURT DELIVERED THE FOLLOWING:
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NC: 2024:KHC-K:4446
RSA No. 200194 of 2019
JUDGMENT
Learned counsel for the appellant and learned
counsel appearing for the respondent submit that both
parties have settled the matter amicably and files
compromise petition under Order XXIII Rule 3 of CPC duly
signed by the parties and their respective counsel.
2. The terms of the compromise read as under:
"a) The appellant/defendant has agreed to pay
Rs.4,00,000/- (Rupees Four Lakhs only) through DD
No.501506 Drawn on 01/07/2024 to the respondent
Rajashekhar S/o Kajagar for full and final settlement
of claim made by the Respondents has defendants
in OS No.107/2009.
b) That the respondent Rajashekhar S/o Kajagar
has agreed to receive the said amount as full and
final settlement. Further the respondent/plaintiff
hereby undertakes that he will not claim any
amount in respect of the suit claim.
c) The respondent/plaintiff also undertakes that
he will not initiate any legal proceedings in respect
of suit claim."
3. As per the compromise, the appellant-
defendant has agreed to pay a sum of Rs.4,00,000/-
through DD No.501506 drawn on 01.07.2024 to the
respondent-plaintiff towards full and final settlement of the
NC: 2024:KHC-K:4446
claim made by the respondent-plaintiff. Photocopy of the
DD is annexed along with the compromise.
4. The appellant and the respondent are present
before the Court and duly identified by their respective
counsel and the respondent acknowledges the receipt of
DD for a sum of Rs.4,00,000/-. When a query is made by
this Court to the parties, the appellant and the respondent
have volunteered that they have agreed the terms of the
compromise. This compromise petition forms part and
parcel of this order.
5. In terms of the compromise petition, the
Regular Second Appeal stands disposed of, decree to be
drawn accordingly.
6. In light of the settlement arrived at, the
appellant is entitled for refund of Court fee. Registry is
directed to refund the Court fee to the appellant in
accordance with law.
Sd/-
JUDGE
MBM/CT: VD
