IN THE HIGH COURT OF KARNATAKA AT BENGALURU ON THE 27TH DAY OF FEBRUARY, 2019 BEFORE THE HON'BLE MR. JUSTICE RAVI MALIMATH AND THE HON’BLE MR. JUSTICE B. M. SHYAM PRASAD REGULAR FIRST APPEAL NO.137 OF 2015 (MON) BETWEEN:
M/S. KARNATAKA STATE AGRO CORN PRODUCTS LIMITED, P.B.NO. 2479, BALLARI ROAD, HEBBAL, BENGALURU-560024 REPRESENTED BY ITS MANAGING DIRECTOR DR. H. SUBBAIAH, AGE 59 YEARS, SON OF LATE HANUMANTHAPPA.
(BY SHRI RAKESH BHATT, ADVOCATE) ... APPELLANT AND :
M/S. NORTH KARNATAKA ROLLER FLOUR MILLS PRIVATE LIMITED NO.30, I FLOOR, YAMUNA BAI ROAD, MADHAVANAGAR, BENGALURU-560020.
... RESPONDENT (BY SHRI BHEEMAPPA P. BANDIVADDAR FOR SHRI B. N. JAYADEVA, ADVOCATE) THIS REGULAR FIRST APPEAL IS FILED UNDER SECTION 96 READ WITH ORDER XLI RULE 1 OF THE CODE OF CIVIL PROCEDURE, AGAINST THE JUDGMENT AND DECREE DATED: 09.09.2014 PASSED IN O. S. NO.4138 of 2002 ON THE FILE OF THE XXXIII ADDL. CITY CIVIL AND SESSIONS JUDGE, BENGALURU CITY, CCH-33, DECREEING THE SUIT FOR RECOVERY OF MONEY.
***** THIS REGULAR FIRST APPEAL COMING ON FOR ADMISSION, THIS DAY, RAVI MALIMATH J., DELIVERED THE FOLLOWING:
JUDGMENT A compromise petition is filed under Order XXIII Rule 3 read with Section 89 of the Code of Civil Procedure, 1908, in the Court today signed by the appellant and respondent.
2. Both parties are present and identified by their respective counsels. They have agreed on various terms. The terms being lawful and in the interest of both the parties the same is accepted. In view of the same, the appeal is allowed.
3. The judgment and decree dated 09.09.2014 passed in O.S. No.4138 of 2002 by the XXXIII Addl. City Civil and Sessions Judge, Bengaluru City, CCH-33, is modified in terms of the compromise petition. 75% of the court fee paid by the appellant before this Court is directed to be refunded to the appellant. Decree to be drawn accordingly.
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JUDGE JUDGE hnm