IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF DECEMBER, 2017 PRESENT THE HON’BLE MR.JUSTICE B.S.PATIL AND THE HON’BLE MR.JUSTICE ARAVIND KUMAR R.F.A.NO. 574/2017 BETWEEN Mr. RAVINDRANATHA REDDY, AGED ABOUT 61 YEARS, S/O LATE R.RANGAPPA REDDY, NO.162, 4TH CORSS, 4TH PHASE, J.P.NAGAR, DOLLARS COLONY, BANGALORE-560 078. ... APPELLANT (By Sri M.ARUN PONNAPPA, ADV.) AND 1. Mr.CHAYAPATHI, AGED ABOUT 56 YEARS, S/O S.VENKATACHALAPATHI NO.13/2, RANGAPPA REDDY COMPLEX, 1ST CROSS, R.V.ROAD, NEAR MINERVA CIRCLE, BANGALORE-560 004.
2. Mrs. KALAVATHI, AGED ABOUT 56 YEARS W/.O Mr.CHAYAPATHI NO.13/2, RANGAPPA REDDY COMPLEX, 1ST CROSS, R.V.ROAD, NEAR MINERVA CIRCLE, BANGALORE-560 004. ... RESPONDENTS (By Sri VISHNU HEGDE, ADV.) THIS RFA FILED UNDER SEC.96 OF CPC., AGAINST THE JUDGMENT AND DECREE DT.30.11.2016 PASSED IN O.S. NO.26722/2010 ON THE FILE OF THE XXVI ADDL. CITY CIVIL AND SESSIONS JUDGE, BENGALURU, DECREED THE SUIT FOR RECOVER OF MONEY.
THIS APPEAL COMING ON FOR ORDERS THIS DAY, B.S.PATIL J, DELIVERED THE FOLLOWING:-
JUDGMENT 1. This appeal is filed challenging the judgment and decree dated 30.11.2016 passed by the 26th Additional City Civil and Sessions Judge, Mayohall, Bengaluru, thereby decreeing the suit O.S.No.26722/2010 with costs for a sum of Rs.16,98,500/- with interest at the rate of 18% per annum from the date of suit till the date of realization.
2. This appeal is filed by defendant. During the pendency of appeal, both parties have settled their dispute and have filed compromise petition under Order 23 Rule 3 read with Section 151 of CPC. As per the terms of compromise, appellant – defendant has undertaken to pay principal amount of Rs.16,98,500/- along with Court fee of Rs.96,155/- paid on the memorandum of plaint. Appellant has further undertaken to pay interest at 9% per annum from the date of institution of suit i.e., from 08.10.2010 till 05.12.2017 in the place of interest awarded by the trial Court at 18% from the date of suit till realization.
3. Though parties have stated in the compromise petition that appellant has already deposited a sum of Rs.18,00,000/- before the Executing Court and therefore, they have no objection for respondent – plaintiff to withdraw the amount, both parties have agreed that the balance amount due shall be paid in four equal monthly installments and first installment would be paid on 30.12.2017. If appellant fails to pay the amount due as per the installments agreed, then, he shall be entitled to interest at 18% for the delayed period.
4. Appellant and respondent are present before the Court. They are identified by their respective learned counsel. They admit to the execution of compromise petition and the settlement arrived at between parties and also terms contained therein. We find that terms of compromise petition are in accordance with law.
5. Therefore, accepting the terms of the compromise, the petition is allowed. Judgment and decree passed by the Court below stands modified. Registry is directed to draw decree in terms of the compromise agreed upon.
6. As parties have settled their dispute, having regard to the submission made at the bar and keeping in mind the ends of justice we are of the view that Court fee paid before the trial Court shall be refunded to plaintiff as per law. Insofar as Court fee paid on this appeal, 75% of the same shall be refunded to appellant.
Sd/- JUDGE Sd/- JUDGE VP