HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALATH IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF DECEMBER, 2019 CONCILIATORS PRESENT:
THE HON’BLE MR. JUSTICE K.N. PHANEENDRA AND SRI. K. ARVIND KAMATH, MEMBER Regular First Appeal No. 1861/2014 (Lok Adalat No. 3806/2019) BETWEEN:
1. Smt. G. Geetha W/o late G. Udaya Kumar, Aged about 52 years, 2. Sri Satyanarayan, S/o late G. Udaya Kumar, Aged about 32 years, 3. Sri Sunil, S/o late G. Udaya Kumar, All are residing at No.647/B, 9th “D” Main, RPC Layout, Vijayanagar II Stage, Bangalore 560 040. .. Appellants (By Sri. P. Nehru & Associates, Advocates) AND:
Sri M. Chockalingam, S/o M.C. Manickam, Aged about 54 years, Flat No.B-2, Kirthi Apartments, No.56, 8th Cross, II Main, Prashanthnagar, Bangalore – 560 079. .. Respondent (By Sri. K. Satish, Advocate) THIS REGULAR FIRST APPEAL IS FILED U/S 96 R/W ORDER 41 RULE 1 OF THE CODE OF CIVIL PROCEDURE, AGAINST THE JUDGMENT AND DECREE DATED: 21.08.2014 PASSED IN O.S. NO. 5282/2008 ON THE FILE OF THE XXX ADDITIONAL CITY CIVIL JUDGE, BANGALORE, DECREEING THE SUIT FOR RECOVERY OF MONEY.
THIS REGULAR FIRST APPEAL COMING ON FOR CONCILIATION BEFORE LOK ADALATH, THE FOLLOWING CONCILIATION ORDER IS PASSED.
CONCILIATION ORDER The appellants and respondent no.1 and their respective counsels present. The parties have filed a memorandum of compromise petition under Order 23 Rule 3 read with Section 151 CPC, compromising the matter between them in terms of compromise petition. The parties have admitted the execution of the compromise petition before this Authority. There is no legal impediment to decree the suit of the respondent no.1 in terms of the compromise. As per the compromise, the respondent No.1 is entitled to receive the sum of Rs.1,73,810/- deposited by the appellants before this court. In addition to the above amount, the appellants are handing over the demand draft bearing its no.905780 dated 14.11.2019 for a sum of Rs.10,00,000/- to the respondent no.1 in full and final settlement in terms of the said compromise.
2. Accordingly, terms of the compromise is accepted. Appeal is disposed of in terms of the compromise petition.
3. Registry is directed to make payment of sum of Rs.1,73,810/- lying in Judicial deposit to the respondent no.1, Sri M. Chockalingam.
4. The trial court is also ordered to refund the Court fee to respondent no.1 before the trial court.
5. Similarly, the registry is directed to refund the court fee to the appellant no.2 paid by the appellants in this Appeal.
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Sd/- JUDGE Sd/- MEMBER *mkm