Karnataka High Court
Smt. Arifa Begum vs Mr. Nohammed Ameen on 28 May, 2024
Author: K.Natarajan
Bench: K.Natarajan
-1-
NC: 2024:KHC:17923
RFA No. 2166 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 28TH DAY OF MAY, 2024
BEFORE
THE HON'BLE MR JUSTICE K.NATARAJAN
REGULAR FIRST APPEAL NO. 2166 OF 2023 (MON)
BETWEEN:
SMT. ARIFA BEGUM,
W/O LATE MOHAMMED MOOSA,
AGED ABOUT 68 YEARS,
R/A NO.32/1, ANJANEYA SWAMY TEMPLE STREET,
MARAPPA GARDEN, BENSON TOWN POST,
BENGALURU - 560 046.
...APPELLANT
(BY SRI. SATISH V., ADVOCATE)
AND:
1. MR. NOHAMMED AMEEN,
S/O LATE MR. MOHAMMED MOOSA,
AGED ABOUT 43 YEARS,
R/A NO.32/1, ANJANEYA SWAMY TEMPLE STREET,
MARAPPA GARDEN, BENSON TOWN POST,
BENGALURU - 560 046.
Digitally signed by
VEDAVATHI A K 2. M/S CELESTIUM FINANCIAL
Location: High
Court of Karnataka HAVING ITS REGISTERED OFFICE AT
NO.699, AVINASHI ROAD,
COIMBATORE - 641 037.
TAMIL NADU, HAVING ITS BRANCH OFFICE AT
SAMSKRITI BUILDING NO.81,
80 FEET ROAD, RMV 2ND STAGE
BENGALURU - 560 094.
REPRESENTED BY ITS MANAGER.
...RESPONDENTS
(BY SRI. NISHANTH NANDAGOPAL, ADVOCATE FOR R2;
VIDE DATED:1/12/2023, NOTICE TO R1 IS DISPENSED
WITH)
-2-
NC: 2024:KHC:17923
RFA No. 2166 of 2023
THIS REGULAR FIRST APPEAL IS FILED UNDER SECTION
96 R/W ORDER 41 RULE 1 OF CPC., A0AINST THE JUDGMENT
AND DECREE DATED 14.10.2019 PASSED IN OS NO.9843/2015
ON THE FILE OF XV ADDITIONAL CITY CIVIL AND SESSIONS
JUDGE, BENGALURU., DECREEING THE SUIT FOR RECOVER OF
MONEY.
THIS APPEAL, COMING ON FOR REPORTING
SETTLEMENT, THIS DAY, THE COURT DELIVERED THE
FOLLOWING:
JUDGMENT
Though the matter has come up for hearing of
interlocutory application, the learned counsel for the
appellant as well as respondent made submission that
they have filed joint memo for having settled the matter,
hence the matter is taken up for disposal.
2. This appeal is filed by the appellant defendent
No.2 for setting aside the judgment and decree passed by
the XV Additional City Civil and Sessions Judge, Bangalore
in O.S.No.9843/2015 dated 14.10.2019 for having
decreed the suit of the respondent and directing the
appellant to pay Rs.4.95 lakhs with interest at the rate of
21.6% per annum.
NC: 2024:KHC:17923
3. During the pendency of the appeal, both the
appellants and respondent No.2 appeared before the
Court along with their counsels and filed joint compromise
memo. The appellant undertakes to pay Rs.5 lakhs
towards full and final settlement and the same was
accepted by the respondent Nos.1 and 2/plaintiff by filing
joint memo by the respondent Nos.1 who is the defendant
No.1 and the respondent No.2 who was the plaintiff. The
respondent No.1 is the son of the appellant, who is
defendant No.2 in the Trial Court. As per the terms of the
compromise the appellant is liable to pay Rs.5 lakhs
towards full and final settlement in 5 installments, as
under,
"Ist Payment 30-06-2024 Rs. 1 lakh
IInd Payment 30-07-2024 Rs. 1 lakh
IIIrd Payment 30-08-2024 Rs. 1 lakh
IVth Payment 30-09-2024 Rs. 1 lakh
Vth Payment 30-10-2024 Rs. 1 lakh"
4. The submission of the parties is placed on record.
NC: 2024:KHC:17923
5. In view of the settlement, the appeal is
disposed of.
6. Draw decree Accordingly.
7. The appellant/defendant No.2 is entitled for
refund of court fee as per the law.
8. It is needless to say that the execution court shall
clear the charges created on the property. However,
directed to keep the execution case pending until 5
installments are paid. Therefore until clearing, the
execution petition shall be kept pending.
Sd/-
AKV JUDGE
CT:SK
