[Cites 3, Cited by 0]
Karnataka High Court
Sri S Sugan Chand vs M/S Royal Marketing on 11 February, 2026
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NC: 2026:KHC:8522
RFA No. 1071 of 2016
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 11TH DAY OF FEBRUARY, 2026
BEFORE
THE HON'BLE MR. JUSTICE G BASAVARAJA
REGULAR FIRST APPEAL NO. 1071 OF 2016 (MON)
BETWEEN:
SRI S SUGAN CHAND
S/O LATE SHANKARLAL JAIN,
AGE: 54 YEARS,
PRESENTLY RESIDING AT NO.66 L I G III STAGE,
KUVEMPU NAGAR, MYSORE-560023
...APPELLANT
(BY SRI. CHANDRASHEKAR P., ADVOCATE)
AND:
1. M/S ROYAL MARKETING
A PARTNERSHIP FIRM,
KANTHARAJE URS ROAD,
GANNNA MANSON,
CITI FINANCIAL (NOW SARASWATH BANK)
BUILDING, SARASWATHIPURAM,
Digitally signed by
LAKSHMINARAYAN N MYSORE-9,
Location: High Court of
Karnataka REPRESENTED BY ITS PARTNERS
SRI. LALITH KUMAR AND
SMT. CHANDRA DEVI.
2. SRI. LALITH KUMAR
S/O LATE MITTALAL JAIN,
AGE 48 YEARS, PARTNER
M/S ROYAL MARKETING,
#2909, CITI FINANCIAL (NOW SARASWATH BANK)
BUILDING, KANTHARAJE URS ROAD,
SARASWATHIPURAM, MYSORE-9.
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RFA No. 1071 of 2016
HC-KAR
3. SMT. CHANDRA DEVI
D/O LATE MITTALAL JAIN AND
W/O SRI. PUKHRAJ,
AGE 50 YEARS,
PARTNER: M/S ROYAL MARKETING,
C/O NO. 84, ROYAL PHARMA, "ROYAL HOUSE",
DEVAMBA AGRAHARA, K.R. MOHALLA,
MYSORE-24.
4. M/S UNITED TELE LINKS
(BANGALORE) PVT., LTD.,
NO.4, SUBEDHAR GARDEN,
BAZAR STREET, INDIRANAGAR,
I STAGE, BANGALORE-38,
REPRESENTED BY ITS AUTHORISED SIGNATORY.
5. SRI SURESH KUMAR
S/O MITTALAL JAIN,
AGE 43 YEARS,
[CITI FINANCIAL (NOW SARASWATH BANK)
BUILDING]
# 2909, KANTHARAJE URS ROAD,
SARASWATHIPURAM, MYSORE - 9
PRESENTLY R/AT MANASWANI MEDICALS,
MADHAV RAO CIRCLE, MYSORE - 570 004.
...RESPONDENTS
(BY SRI. S. RAJASHEKARA, ADV. FOR R1 TO R3,
SRI. MOHAMMED MUJASSIN, ADV. FOR R4,
R5 SERVED AND UNREPRESENTED.)
THIS RFA IS FILED UNDER SEC.96 OF CPC., AGAINST
THE JUDGMENT AND DECREE DATED 08.01.2016 PASSED IN
OS NO.391/2009 ON THE FILE OF THE I ADDL. SENIOR CIVIL
JUDGE AND CJM., MYSURU, DISMISSING THE SUIT FOR
RECOVERY OF MONEY.
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RFA No. 1071 of 2016
HC-KAR
THIS APPEAL, COMING ON FOR FINAL HEARING, THIS
DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE G BASAVARAJA
ORAL JUDGMENT
The appellant counsel has filed memo to withdraw the
appeal.
2. The memo of withdrawal which reads as under:
"MEMO FOR WITHDRAWAL OF APPEAL
1. The appellant had instituted O.S. No.391/2009 before
the Court of the learned I Additional Senior Civil Judge,
Mysuru, against the defendants seeking recovery of
Rs.10,02,500/- with interest at 24% per annum, which
aggregated to Rs.14,21,456/- as on the date of the suit.
2. The said suit was dismissed by Judgment and Decree
dated 08.01.2016, and being aggrieved by the same, the
appellant preferred the present Regular First Appeal
before this Hon'ble Court after paying a court fee of
Rs.84,000/- under Section 49 of the Karnataka Court Fees
and Suits Valuation Act, 1958.
3. During the pendency of the appeal, upon the
intervention of well-wishers, friends, and family members,
who requested the appellant and the respondents to
amicably resolve the dispute, Respondent No.1 M/s. Royal
Marketing, a partnership firm represented by its partner
Sri. Lalith Kumar, and Respondent No.5 Sri. Suresh
Kumar, who are cousins of the appellant, have paid a sum
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HC-KAR
of Rs. 10,00,000/- (Rupees Ten Lakhs only) to the
appellant, which has been accepted by the appellant
towards the principal amount only, in full and final
settlement of the entire dispute, and the appellant has no
further claim whatsoever against the respondents in
respect of the subject matter of the appeal. In view of the
settlement, the matter stands amicably resolved, and
nothing survives for consideration in the present appeal.
4. Accordingly, the appellant seeks permission of this
Hon'ble Court to withdraw the appeal as not pressed.
5. The Appellant further respectfully submits that since
the appeal has not been heard on merits by this Hon'ble
Court, this Hon'ble Court may be pleased to direct the
Registry to refund the entire court fee of Rs.84,000/- paid
on the memorandum of appeal, in accordance with the
applicable provisions of the Court Fees Act and Rules, in
the interest of justice and equity.
PRAYER
Wherefore, the appellant most respectfully prays that this
Hon'ble Court may be pleased to:
a) Permit the appellant to withdraw the Regular First
Appeal; and
b) Direct the Registry to refund the entire court fee of
Rs.84,000/- paid by the appellant;
and pass such other orders as this Hon'ble Court deems
fit in the circumstances of the case."
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HC-KAR
3. Memo is placed on record. Same is accepted.
4. In view of the memo, the appellant is permitted to
withdraw the appeal. Accordingly, the appeal is disposed of.
5. Registry is directed to refund the entire Court
fee.
Sd/-
(G BASAVARAJA)
JUDGE
KBM
List No.: 3 Sl No.: 1
