IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF FEBRUARY, 2019 BEFORE THE HON’BLE MR. JUSTICE SREENIVAS HARISH KUMAR R.F.A.NO.859 OF 2016 BETWEEN:
Smt. Renukamba R W/o Sri Ramachandra Aged about 53 years Proprietor of Vijayadurga Enterprises No.14, 3rd Cross, Murali Hotel Road Byraveshwara Nagar Sunkadakatte Bengaluru – 560 099 …Appellant (By Sri Sumangala A Swamy, Advocate) AND:
Sri Shishupal Jain S/o Sri Devayya Aged about 42 years Proprietor of Geetha Stores Residing at No.166 Byraveshwara Nagar Vishwaneedam Post Sunkadakatte Bengaluru – 560 099 ... Respondent (By Sri Prasiddaraj, Advocate for Sri Nagaraj S Jain, Advocate) This RFA is filed under Section 96 read with Order XLI Rule 1 of CPC against the judgment and decree dated 31.03.2016 passed in O.S.No.3733/2013 on the file of XLI Additional City Civil Judge, Bengaluru (CCH-42), decreeing the suit for money recovery.
This appeal coming on for hearing-interlocutory application this day, the Court made the following:
ORDER This matter was referred to Mediation. Mediation Center, Bengaluru has sent a report that the parties have been able to arrive at a settlement. Memorandum of Settlement is also submitted. The appellant- Smt.R.Renukamba and the respondent-Sri Shishupal Jain are present along with their respective Advocates. Contents of the Memorandum of Settlement are read over and explained to the parties in Kannada and English languages. They affirm to have arrived at a settlement voluntarily. They have put their signatures to Memorandum of Settlement.
According to the settlement, the respondent is ready to receive Rs.1,10,000/- (Rupees One Lakh Ten Thousand only) from the appellant in satisfaction of his full claim against the appellant. Today, an amount of Rs.1,10,000/- (Rupees One Lakh Ten Thousand only) is paid by the appellant to the respondent by way of cash. Respondent reports receipt of this amount. The terms of settlement are lawful and is accepted. Appeal stands disposed off.
Draw decree accordingly.
Refund 75% of Court Fee to the appellant.
In view of this settlement, the respondent is directed to withdraw the Execution Petition No.3627/2017 on the file of XLI Additional City Civil Judge(CCH-42), Bengaluru.
In view of disposal of this appeal, IA No.1/2016 does not survive for consideration. Accordingly it is disposed of.
Sd/- JUDGE KMV/-