Smt Praveena vs N Laxmana Gowda
2025 Latest Caselaw 10136 Kant

Karnataka High Court

Smt Praveena vs N Laxmana Gowda on 12 November, 2025

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                                                        NC: 2025:KHC:46013
                                                      RSA No. 705 of 2019


                HC-KAR



                    IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                     DATED THIS THE 12TH DAY OF NOVEMBER, 2025

                                        BEFORE
                         THE HON'BLE MR. JUSTICE RAJESH RAI K
                    REGULAR SECOND APPEAL NO. 705 OF 2019 (MON)
               BETWEEN:

               1.    SMT. PRAVEENA,
                     W/O LATE VASANTHA KUMAR,
                     AGED ABOUT 49 YEARS,
                     DIRECTOR,
                     ZILLA VOKKALIGARA SANGHA.

               2.    S.V.PRAVARDHAN,
                     S/O LATE VASANTH KUMAR,
                     AGED ABOUT 23 YEARS.

               3.    S.V.KRISHNA,
                     S/O LATE VASANTH KUMAR,
                     AGED ABOUT 21 YEARS.

                     ALL R/AT BUS STAND ROAD,
                     SAKHARAYAPATNA VILLAGE
Digitally signed     AND POST, KADUR TALUK,
by NANDINI R         CHIKKAMAGALURU DISTRICT-577 101.
Location: HIGH                                               ...APPELLANTS
COURT OF         (BY SRI MAHESH B J, ADVOCATE [PH])
KARNATAKA
               AND:

               N LAXMANA GOWDA,
               S/O LATE NIRVANE GOWDA,
               AGED ABOUT 49 YEARS,
               BUSINESSMAN,
               R/O MUGTHIHALLI VILLAGE AND POST,
               CHIKKAMAGALUR TALUK-577 101.
                                                            ...RESPONDENT
               (BY SRI GIRISH B BALADARE, ADVOCATE)
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                                            NC: 2025:KHC:46013
                                          RSA No. 705 of 2019


HC-KAR



     THIS RSA IS FILED U/S. 100 OF CPC., AGAINST THE
JUDGEMENT & DECREE DATED 21.01.2019 PASSED IN
R.A.NO.63/2018 ON THE FILE OF THE II ADDITIONAL SENIOR
CIVIL JUDGE, CHIKKAMAGALURU, ALLOWING THE APPEAL AND
SETTING ASIDE THE JUDGEMENT AND DECREE DATED
23.07.2018 PASSED IN OS.NO.521/2014 ON THE FILE OF THE
II ADDITIONAL CIVIL JUDGE, JR.DN., CHIKMAGALURU.

     THIS   APPEAL,   COMING   ON   FOR   REPORTING
SETTLEMENT, THIS DAY, JUDGMENT WAS DELIVERED THEREIN
AS UNDER:

CORAM: HON'BLE MR. JUSTICE RAJESH RAI K


                      ORAL JUDGMENT

Learned counsel appearing for the respective parties

filed a joint memo reporting the settlement arrived

between the parties. The memo reads as under:

"1. The Appellants have filed the above appeal challenging the Judgement and decree dated: 21-01- 2019 passed in R.A. No: 63/2018, whereby the appellate court having allowed the appeal consequently decreed the O.S. No: 521/2014, filed by the Respondent herein.

2. It is submitted that, now at the intervention of friends and well-wishers of both the parties and also at the advice of council of the respective parties, they have negotiated and settled the dispute among themselves amicably.

3. It is submitted that, in terms of the settlement, arrived between the parties, the appellants have agreed to pay a sum of Rs. 1,80,000/- (Rupees One Lakh Eighty Thousand only) towards full and final

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settlement of the claim made by the respondent/plaintiff in O.S. No: 521/2014 and further respondent has also agreed to receive Rs. 1,80,000/- towards full and final settlement of the claim made by him against the appellants herein in the said suit.

4. It is submitted that, today the appellants have paid the agreed amount of Rs. 1,80,000/- in favour of the respondent as follows -

a) Rs. 1.50.000/- (Rupees One Lakh Fifty Thousand only) by way of demand draft bearing No: 198679 dated: 10-11-2025 drawn on Canara Bank, in favour of the Respondent.

b) Rs. 30,000/- (Rupees Thirty Thousand only) by way of cash. The Respondent duly acknowledges the said payment.

5. That, in terms of the settlement, the Respondent shall not have any further claim against the appellants with respect to judgement and decree dated: 23-07-2018 passed in O.S. No:521/2014.

6. That, both the parties have arrived to the settlement in the manner referred above and executed this joint memo out of their free will and consent and there is no threat or coercion on either of the parties in any manner whatsoever.

WHEREFORE, both the parties above named humbly pray that, this Hon'ble court be pleased to permit the appellants to withdraw the above appeal, in terms of the above settlement. Further the office may kindly be directed to refund the court fee, through online transaction, to the account of the Appellant No.1, in the interest of justice and equity."

2. Both the parties are present before this Court

and the respondent acknowledged for having received a

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sum of Rs.30,000/- through cash and Rs.1,50,000/- by

way of Demand Draft bearing No.198679 dated

10.11.2025 drawn on Canara Bank.

3. The settlement is as per law and not opposed

by any statute. Hence, the same is accepted. In terms of

the joint memo, the appeal is disposed of.

Registry is directed to refund the Court Fee as per

law to appellant No.1.

Sd/-

(RAJESH RAI K) JUDGE

NR/-