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8) That, this Settlement by way of this Compromise
Petition in between the Appellant and Respondent
herein is agreed with their Free Consent and there is
no any Coercion, Undue Influence, Misrepresentation or
Fraud to any of the parties or between them.
9) This Compromise Petition is binding upon the
Appellant and Respondent herein and upon their Legal
Heirs, successors, Executants, Assignees,
Administrator, Agents etc.
10) That, the contents of this Compromise Petition
which is in English Language is read over and explained
to the Appellant and Respondent in the Kannada
Language known to them. Thus, they have agreed for
the Terms and Conditions of this Compromise Petition
which are true and correct to the best of their
knowledge, belief and information and thereby they
have affixed their signatures with their Free Consent.
Hence, this Compromise Petition be kindly accepted by
this Hon'ble Court.
11) That, the Appellant herein / Plaintiff is entitle for
Refund of the Court Fee of Rs. 1,45,375/- as paid in
this Appeal before this Hon'ble Court. The Respondent
herein shall not have any Right or Interest over the
said Court Fee payable to the Appellant. Thus, the
Registry of this Hon'ble Court be kindly directed
to Refund the said Court Fee of Rs.1,45,375/- in
favour of the Appellant herein as provided Under
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Section-66 of the Karnataka Court Fees and Suits
Valuation Act-1958.
Therefore, it is most humbly prayed by the
Appellant herein /Plaintiff and the Respondent
herein / Defendant to this Hon'ble Court, be
please to Accept this Compromise Petition with
the Terms and Conditions as stated above, by
Setting Aside the Impugned Judgment and
Decree dated: 25-10-2019 passed in O.S.
No.363/2012 by the Learned I Addl. Senior Civil
Judge & JMFC, Hubballi, wherein the said Suit
filed by the Appellant herein / Plaintiff for the
Relief of Recovery of Money as against the
Respondent herein / Defendant was Dismissed
with Costs, by allowing this Appeal in Terms and
Conditions of this Compromise Petition as agreed
by the parties, without Costs, in the interest of
justice and equity.
Signature of the Appellant Signature of the Respondent
Sd/- Sd/-
Shri. Nandakumar Naidu Shri. Rudramuni Devaru,
S/o. Damodar Naidu, Mathadipati, Shadaksharmath,
Hubballi. Tiptur. (Tipaturu)
Advocate for, Appellant Advocate for Respondent
Sd/- Sd/-
Sanjay S. Katageri) (Mallikarjunswamy B, Hiremath)
KAR. Roll No. 2181/2001 KAR. Roll.No. 2069/2005
Place: Dharwad
Date: 16-09-2025.
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3. As can be seen from the aforesaid terms and
conditions of the compromise petition, the respondent/defendant
has paid a total sum of ₹19,00,000/- to the appellant/plaintiff
vide D.D.No.165269 drawn on Bank of Baroda, Dharwad Branch
for a sum of Rs.12,00,000/- and D.D.No.708042 drawn on Indian
Bank, Tipaturu Branch for sum of Rs.7,00,000/- in favour of
appellant/plaintiff towards full and final settlement of all claims
of the appellant/plaintiff against the respondent/defendant in the
present appeal and suit as well as in all other proceedings
including criminal proceedings referred to in Paragraph No.6 of
the compromise petition.
4. The appellant/plaintiff acknowledges the receipt of
the aforesaid sum of ₹19,00,000/- from the respondent /
defendant towards full and final settlement of all claims of the
appellant/plaintiff against the respondent/defendant involved in
the present appeal and suit as well as in all other proceedings
including the aforesaid criminal proceedings.
5. The appellant/plaintiff is physically present along with
his counsel; so also the respondent/defendant is also physically
present along with his counsel and both the parties have been
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identified by their respective counsels and submit that they have
entered into a compromise voluntarily with free consent and
without any coercion, undue influence, misrepresentation or
fraud and the same may be accepted.
6. Being satisfied with the terms and conditions of the
compromise, we deem it just and appropriate to dispose of the
appeal in terms of compromise by setting aside the impugned
judgment and decree of the Trial Court.
7. In the result, we pass the following :
ORDER
1. Appeal is hereby disposed of in terms of the
aforesaid joint compromise petition;
2. The impugned judgment and decree is also
modified in terms of the compromise;
3. The registry of this Court is directed to refund
the entire Court fee back to the appellant /
plaintiff immediately without any delay;
4. Registry of the Trial Court is also directed to
refund the entire court fee made on the plaint
back to the appellant/plaintiff immediately upon
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receipt of a copy of this order, without any
delay;
5. Registry to draw decree accordingly.
Sd/-
(S.R. KRISHNA KUMAR)
JUDGE
Sd/-
(C.M. POONACHA)
JUDGE
EM
Ct:vh
