Karnataka High Court
M/S. Indian Gymkhana vs Dr.R.N.Ashok Kumar Xavier on 4 September, 2025
Author: Ravi V Hosmani
Bench: Ravi V Hosmani
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RFA No. 315 of 2015
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 4TH DAY OF SEPTEMBER, 2025
BEFORE
THE HON'BLE MR. JUSTICE RAVI V HOSMANI
REGULAR FIRST APPEAL NO. 315 OF 2015 (DEC/INJ)
BETWEEN:
M/S. INDIAN GYMKHANA
ESTABLISHED IN THE YEAR, 1932
HAVING ITS OFFICE AT NO.5
WHEELER ROAD, COX TOWN
BANGALORE-560 005
REP BY ITS HONORARY
SECRETARY
MR M GOPAL REDDY
...APPELLANT
(BY SRI SUBRAMANYA R., ADVOCATE)
AND:
DR.R.N.ASHOK KUMAR XAVIER
S/O LATE M ROYAL SINGH
Digitally signed by AGED ABOUT 56 YEARS
GEETHAKUMARI R/AT NO.33/1,
PARLATTAYA S NETAJI ROAD CROSS
Location: High FRAZER TOWN
Court of Karnataka BANGALORE-560 005
...RESPONDENT
(BY SRI SATYANAND B.S., ADVOCATE)
THIS RFA FILED UNDER SECTION 96 OF CPC., AGAINST THE
JUDGMENT AND DECREE DATED 23.09.2014 PASSED IN
O.S.NO.15465/2006 ON THE FILE OF IV ADDL. CITY CIVIL AND
SESSIONS JUDGE, MAYO HALL UNIT, BENGALURU (CCH-21),
DECREEING THE SUIT FOR DECLARATION AND MANDATORY
INJUNCTION.
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RFA No. 315 of 2015
HC-KAR
THIS APPEAL IS COMING ON FOR FINAL HEARING, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE RAVI V HOSMANI
ORAL JUDGMENT
Challenging judgment and decree dated 23.09.2014
passed by IV Addl. City Civil and Sessions Judge (CCH-21),
Mayo Hall Unit, Bengaluru, in O.S. no.15465/2006, this appeal
is filed by defendant.
2. It was submitted, during pendency of appeal, by
order dated 13.08.2025, matter was referred for mediation.
Parties have participated in mediation, which has resulted in
settlement and terms of which are drawn in agreement placed
before Court and prayed that appeal may be disposed of in
terms of settlement.
3. Terms of settlement reads as under:
"MEMORANDUM OF SETTLEMENT UNDER SECTION
89 OF CPC READ WITH RULES 24 AND 25 OF THE
KARNATAKA CIVIL PROCEDURE (MEDIATION)
RULES, 2005
I. The Respondent/Plaintiff had filed the suit in
O.S.No.15465/2006 on the file of the IV Addl.
City Civil and Sessions Judge, Bengaluru (CCH-
21) against the Appellant/defendant to declare
that the letter dated 05.03.2006 issued by the
Defendant/Appellant null and void and to restore
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the membership of the Respondent/Plaintiff on
the records of the Defendant/appellant Club i.e.
M/s. Indian Gymkhana and the same was decreed
in favour of the Respondent/plaintiff by its order
dated 23.09.2014. The Hon'ble Court has directed
Appellant/Defendant to restore the membership
of Respondent/Plaintiff on records of the club and
permit him to use and enjoy the facilities of the
Defendant/appellant Club i.e. M/s. Indian
Gymkhana.
II. The defendant/appellant herein filed the above
appeal challenging the order passed in
O.S.No.15465/2006 passed by the IV Addl. City
Civil and Sessions Judge, Bengaluru (CCH-21)
dated 23.09.2014.
III. The aforesaid appeal was referred to mediation
for resolving the dispute between the parties.
During the course of mediation, the
Appellant/Defendant and the Respondent/Plaintiff
along with their respective advocates were
present and resolved their disputes and they have
agreed and arrived the following terms and
conditions :
1. In view of this settlement the
Appellant/Defendant has agreed to restore
accommodate/admit the Respondent/Plaintiff as
ordinary member of the Appellant/Defendant club
i.e. M/s Indian Gymkhana by paying the
additional membership fee of Rs.1,44,831/-
(Rupees One Lakh Forty Four Thousand Eight
Hundred and Thirty One Only) by the
Respondent/Plaintiff. The Respondent/Plaintiff has
agreed for the same.
2. The Respondent/Plaintiff has paid the
aforesaid agreed additional membership fees of
Rs.1,44,831/- (Rupees One Lakh Forty Four
Thousand Eight Hundred and Thirty One Only) to
the Appellant/Defendant by way of cheque
bearing No.381284 dated 26.08.2025 drawn on
State Bank of India and the receipt of the same
was acknowledged by the Appellant/Defendant
club i.e. M/s Indian Gymkhana.
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3. The Appellant/Defendant undertakes to
allow the Respondent/Plaintiff to utilize the
facilities of the Appellant/Defendant club i.e. M/s
Indian Gymkhana which are available to the
members in terms of the By-laws of the
Appellant/Defendant club.
4. That both the parties shall follow all the
rules and regulations mentioned in the By-laws of
the Appellant/ Defendant club i.e. M/s Indian
Gymkhana.
5. The parties further state that there has
been no collusion or force, fraud or any undue
influence by any of the parties to enter into this
compromise in the aforesaid manner.
IV. In view of the aforesaid agreement, both the
parties pray that this Hon'ble court may be
pleased to pass appropriate orders in terms of the
aforesaid agreement.
V. Parties will appear before the Hon'ble Court for
passing necessary orders in terms of the
agreement."
4. Parties are present and identified by their
respective counsel. On interaction, they stated, terms of
compromise have been explained to them and after
understanding, they have affirmed same out of their free will
and volition without there being any threat, coercion and/or
undue influence from anyone.
5. In terms of compromise, appellant has agreed to
restore accommodate/admit respondent as member on
payment of additional membership fee. It is submitted,
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respondent has paid additional membership fee of
Rs.1,44,831/- by way of cheque bearing no.381284 dated
26.08.2025 drawn in favour of appellant.
6. I have perused terms of settlement and same are
found to be lawful. Memorandum of settlement is taken on
record and accepted.
7. Appeal is allowed to extent and in terms of
settlement, modifying judgment and decree judgment and
decree dated 23.09.2014 passed by IV Addl. City Civil and
Sessions Judge (CCH-21), Mayo Hall Unit, Bengaluru, in O.S.
no.15465/2006.
Registry to draw decree incorporating terms of
settlement.
Sd/-
(RAVI V HOSMANI)
JUDGE
AV
