Karnataka High Court
Srinivas Shenoy vs S. Raghavendra Shenoy on 6 November, 2025
Author: S.R.Krishna Kumar
Bench: S.R.Krishna Kumar
-1-
NC: 2025:KHC:44796
RFA No. 322 of 2024
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 6TH DAY OF NOVEMBER, 2025
BEFORE
THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR
REGULAR FIRST APPEAL NO. 322 OF 2024 (MON)
BETWEEN:
SRINIVAS SHENOY
AGED ABOUT 45 YEARS
S/O ROHIDAS SHENOY
PROP SHREE VASTHSA INFOTECH
KABETTU
KARKALA TOWN
R/AT HADIMANE, A C ROAD
KABETU, KARKALA KASABA
KARKALA TALUK
...APPELLANT
(BY SMT. VINITHA P. C., ADVOCATE)
AND:
Digitally signed
by NAGAVENI S.RAGHAVENDRA SHENOY
Location: High AGED ABOUT 41 YEARS
Court of
Karnataka S/O S.RAMESH SHENOY
R/AT SRI GANESH MILLS
NEAR KASHI MUTT, SURATHKAL
MANGALORE TALUK - 575 014.
...RESPONDENT
(BY SMT. HALEEMA AMEEN, ADVOCATE)
THIS RFA IS FILED UNDER SEC.96 R/W ORDER 41 RULE
1 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED
06.03.2021 PASSED IN OS NO.97/2014 ON THE FILE OF
-2-
NC: 2025:KHC:44796
RFA No. 322 of 2024
HC-KAR
SENIOR CIVIL JUDGE AND ACJM, KARKALA., PARTLY
DECREEING THE SUIT FOR RECOVERY OF MONEY.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR
ORAL JUDGMENT
This appeal by the defendant in O.S.No.97/2014 is
directed against the impugned judgment and decree dated
06.03.2021, passed by the Senior Civil Judge and ACJM,
Karkala, whereby the said suit filed by the respondent - plaintiff
against the appellant - defendant for recovery of money and
other reliefs, which was partly decreed by the trial Court and
directed the appellant - defendant to pay a sum of `7,32,660/-
together with future interest at 9% per annum from the date of
suit, till realisation of decreetal amount and costs in a sum of
`61,208/- in favour of the respondent - plaintiff.
2. The parties have filed a compromise petition reporting
amicable settlement of the dispute between the parties, which
is signed by both the parties and their respective learned
counsel, all of whom are physically present before this Court
NC: 2025:KHC:44796
HC-KAR
and have been identified by their respective learned counsel.
The parties admit the terms and conditions indicated in the
compromise petition. The said compromise petition reads as
under:
"COMPROMISE PETITION UNDER ORDER XXIII RULE 3
READ WITH SECTION 151 OF CPC FOR RECORDING A
COMPROMISE
Appellant/Petitioner and Respondent jointly submits as
follows:
1. The Appellant/Petitioner being aggrieved by the
judgment and decree dated 6.3.2021 passed by the
Senior Civil Judge, ACJM, Karkala in O.S. No. 97/2014 has
filed the above appeal.
Respondent has filed a suit for recovery of money
of Rs.7,32,660/- against the Appellant /Petitioner. The
said suit was decreed on 6.3.2021 directing the
appellant/petitioner to pay the decretal amount from the
date of the suit along with 9% interest till the realization.
Now both the parties are intending to settle the matter on
the basis of following terms and conditions.
TERMS AND CONDITIONS:
1. The appellant/petitioner and respondent have
agreed to close the appeal on the decretal amount of
Rs.7,32,660/- +7% interest from the date of suit which
amounts to Rs.12,96,808/- + cost of Rs.61,208/-, all
together Rs. 13,58,016/-. Out of which appellant has
deposited sum of Rs.2,00,000/- before the execution
court Senior Civil Judge and ACJM, Karkala in Ex. Pet.
No.43/2022 deducting the said amount it is
Rs.11,58,016/- is the balance to be paid. The
appellant/petitioner has agreed to release the court fee of
Rs.1,25,000/- in favour of respondent, hence the balance
of the amount has to be paid is Rs. 10,33,016/- + legal
fees Rs.6,000/-, i.e. Rs.10,39,016/-. Both the
appellant/petitioner and respondent as full and final
NC: 2025:KHC:44796
HC-KAR
settlement have agreed to close the appeal on payment of
Rs.10,50,000 with 5 installments to Respondent.
The payment schedule is as follows:
Date Instalment Amount
5.12.2025 First instalment Rs.3,00,000/-
5.1.2026 Second Instalment Rs.2,00,000/-
5.2.2026 Third Instalment Rs.2,00,000/-
5.3.2026 Fourth Instalment Rs.2,00,000/-
5.4.2026 Fifth Instalment Rs.1,50,000/-
2. The respondent has parallelly initiated Proceedings
under Section 138 of Negotiable Instruments Act which is
ended up with conviction on 7.1.2025 in Crl. A. No.
541/2017 before this Hon'ble Court. In terms of the
settlement arrived between the parties, the respondent
undertakes that the conviction warrant will be kept in
abeyance till the realization of the entire agreed amount.
He further undertakes that on realization of the entire
amount he will not execute the conviction order
(warrant)against the appellant/petitioner.
3. Respondent undertakes to withdraw the execution
petition filed by him before the Senior Civil Judge and
ACJM, Karkala in Ex. Pet. No.43/2022 on 05.04.2026 that
is the date of payment of the last instalment of Rs.
1,50,000/-.
4. The appellant has agreed to transfer the amount to
Respondent's account bearing No. 910010036363745,
IFSC Code UTIB0001137 stands in the name of
Raghavendra Shenoy and respondent has agreed for the
same.
5. In view of the settlement the W.P. No. 4819/2024
filed by the appellant will not survive and it may be
disposed off in terms of this compromise petition.
NC: 2025:KHC:44796
HC-KAR
6. In view of the above it is most respectfully prayed
that this Hon'ble Court may please to record the
compromise between the parties as per the terms herein
and dispose the appeal in the interest of justice and
equity."
In view of the aforesaid facts and circumstances, I deem
it just and appropriate to dispose of this appeal in terms of the
compromise petition and modify the impugned judgment and
decree in terms of the compromise petition.
3. In the result, the following:
ORDER
a. The regular first appeal is hereby disposed off, in
terms of the compromise petition as referred to
supra, entered into between the appellant and the
respondent.
b. The impugned judgment and decree dated
06.03.2021, passed by the Senior Civil Judge and
ACJM, Karkala, in O.S.No.97/2014 stands modified
in terms of the compromise petition.
c. The Registry is directed to refund the entire Court
fee paid on the memorandum of appeal to the
respondent forthwith without any delay.
NC: 2025:KHC:44796
HC-KAR
d. The amount of `2,00,000/- deposited by the
appellant in Execution Petition No.43/2022, is
directed to be released/disbursed by the Executing
Court in favour of the respondent - plaintiff
immediately and without any delay.
e. The entire Court fee paid by the respondent -
plaintiff in the suit before the trial Court in
O.S.No.97/2014 is directed to be released in favour
of the respondent - plaintiff immediately without
any delay.
f. Registry of this Court is directed to draw the decree
accordingly.
g. Re-list on 05.04.2026 at 02.30 p.m. to report
compliance.
Sd/-
(S.R.KRISHNA KUMAR)
JUDGE
NVJ
CT:SS
