Karnataka High Court
M/S.Neelambari Constructions vs Rajshekhar B. Math on 8 March, 2025
HIGH COURT LEGAL SERVICES COMMITTEE
DHARWAD BENCH
BEFORE THE LOK ADALAT
IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 8TH DAY OF MARCH, 2025
CONCILIATORS PRESENT
THE HON'BLE MR. JUSTICE S.G. PANDIT
AND
SHRI R.H. ANGADI, MEMBER
R.F.A.No.100479/2019
LOK ADALAT No.109/2025
BETWEEN:
1. M/S.NEELAMBARI CONSTRUCTIONS
NO.1, PANJIKAR BUNGALOW,
SARASWATPUR, DHARWAD,
REPRESENTED BY ITS PARTNER,
APPELLANTS NO.2 and 3.
2. SHRI SHRIDHAR GOPALRAO PANJIKAR
AGE: 46 YEARS, OCC: BUSINESS,
PANJIKAR BUNGALOW, SARASWATPUR, DHARWAD.
3. MRS. ABOLI A. PANJIKAR
AGE: 64 YEARS, OCC: BUSINESS,
PANJIKAR BUNGALOW, SARASWATPUR, DHARWAD.
...APPELLANTS
(BY SHRI I.Y. PATIL, ADVOCATE)
AND:
RAJSHEKHAR B. MATH
AGE: 50 YEARS, OCC: BUSINESS,
R/O: KEDAR VILLA, MARATHA COLONY, DHARWAD.
...RESPONDENT
(BY SHRI S.A. SONDUR, ADVOCATE)
THIS RFA IS FILED UNDER SECTION 96 AND U/O XLI
RULE 1 OF CPC., PRAYING TO, SET ASIDE THE JUDGMENT AND
DECREE DATED 04.06.2019 PASSED BY I ADDL. SENIOR CIVIL
JUDGE AND CJM., DHARWAD IN OS NO.5/2011 BY DISMISSING
THE SUIT OF THE RESPONDENT AND THEREBY ALLOWING THIS
APPEAL IN THE INTEREST OF JUSTICE AND EQUITY.
THIS RFA COMING ON FOR CONCILIATION BEFORE LOK
ADALAT AFTER BEING REFFERED BY THE COURT, THE
FOLLOWING CONCILIATION ORDER IS PASSED:
CONCILIATION ORDER
The partners of the 1st appellant firm-M/s.
Neelambari Constructions, viz., Shri. Shridhar Gopalrao
Panjikar (appellant No.2) and Mrs. Aboli A. Panjikar
(appellant No.3) are present and are identified by their
counsel, Sri. I.Y.Patil. The respondent-Sri. Rajshekhar
B.Math and his counsel Sri. S.A.Sondur, are also present.
2. The appeal is directed against the judgment
and decree dated 04.06.2019 passed in O.S. No.5/2011
by the I Additional Senior Civil Judge & CJM, Dharwad,
wherein the appellants/defendants No.1 to 3 are directed
to pay a sum of Rs.50,00,000/- to the respondent/plaintiff
with future interest at the rate of 9% per annum from the
date of the suit till its realization.
3. Today, before the Lok Adalat, the parties have
filed an application under Order XXIII Rule 3 read with
Section 151 of the Code of Civil Procedure, 1908, wherein
the appellants have agreed to pay to the
respondent/plaintiff a sum of Rs.1,00,00,000 (Rupees One
Crore only) under four different demand drafts of
Rs.25,00,000/- each on or before 08.04.2025 before the
Executing Court in Ex.P. No.155/2019 pending on the file
of the I Additional Senior Civil Judge and CJM, Dharwad in
full and final settlement of the claim. Further, the parties
have also agreed that the respondent/plaintiff shall
withdraw the criminal appeals in Crl.Appeal Nos.100359,
100360, 100361, 100362, 100363 of 2017 pending before
this Court. The respondent/plaintiff has also agreed to give
consent to sell the attached property if necessary, subject
to the condition that the appellants shall deposit the
consideration amount before the Executing Court. The
parties have further agreed that in case, the appellants fail
to pay the amount as agreed, the aforesaid criminal
appeals pending before this Court would get restored and
they are at liberty to recover the decreetal amount as per
law. The terms of the compromise petition reads as
follows:
Herein the Appellants and Respondent respectfully
submits joint compromise Petition as under -
2. It is submitted that, the Appellants herein has
challenged the judgment and decree dated 04-06-
2019 passed in OS.No.5/2011 by the learned I
Addl. Senior Civil Judge and CJM Dharwad. Now
the appellants and respondent in the appeal have
amicably settled case under the appeal before this
Hon'ble court as per terms and conditions
mentioned herein below:
vii. The Appellants have agreed to pay total amount of
Rs.1,00,00,000/- (Rupees One Crore Only) to the
respondent in 4 demand drafts of Rs.25,00,000/-
each (twenty five lakhs) as against the decreetal
amount towards full and final settlement and
Respondent has agreed to receive the same as full
and final settlement of his claims in judgment and
decree mentioned above.
viii. That, appellants herein, are agreed to pay the
entire amount on or before 08-04-2025 before the
executing court in Execution Petition No.155/2019
pending on the file of I Addl. Senior Civil Judge and
CJM Dharwad, and the same is agreed by the
Respondent.
ix. The Respondent herein is agreed to withdraw the
Crl Appeals i.e.,
(1)Crl Appeal No. 100359/2017
(2)Crl Appeal No. 100360/2017
(3)Crl Appeal No. 100361/2017
(4)Crl Appeal No. 100362/2017
(5)Crl Appeal No.100363/2017 which are filed
against the Appellants herein and pending before
this Hon'ble Court.
Χ. The Respondent herein, is agreed to give the
consent to sale the properties which are attached
before the judgment by the I Addl Senior Civil
Judge and CJM Dharwad to generate the fund as
and when required subject to the Appellants
depositing the consideration amount to before the
Execution Court by the Purchaser or by the
Appellants.
xi. If the Appellants failed to pay the amount as
stated supra the orders will revive and the Criminal
Appeal will be restored before this Hon'ble Court
and the respondent herein is entitled to recover
the decretal amount as per law.
xii. That both parties to the settlement have read over
the above-mentioned terms and conditions and
they have voluntarily with free will subscribed their
signature to this compromise petition, the above-
mentioned compromise is not immoral and not
opposed to public policy.
The compromise petition is taken on record. We are
satisfied with the terms of the compromise which are in
accordance with law.
4. The appeal stands disposed of in terms of the
compromise petition.
5. The appellants would be entitled for refund of
the court fee paid on the appeal memo in accordance with
law. As agreed, the Court fee shall be credited to the bank
account of appellant No.3, the details of which is as under:
Aboli A. Panjikar,
S.B. A/c No.50100563736696,
HDFC BANK, Opposite to NTTF,
Dharwad.
Registry to draw the decree in terms of the
compromise petition.
Sd/-
JUDGE
Sd/-
MEMBER
KMS,CT:VP
