IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11th DAY OF DECEMBER, 2019 PRESENT THE HON’BLE MRS. JUSTICE B. V. NAGARATHNA AND THE HON’BLE MS. JUSTICE JYOTI MULIMANI REGULAR FIRST APPEAL No.972 of 2019 (MON) BETWEEN :
S.P.VENKATESH NAIDU S/O.LATE PAPAIAH NAIDU AGED ABOUT 84 YEARS SENIOR CITIZEN R/AT.#43, MTB ROAD KALASIPALYAM BENGALURU – 560 002. ... APPELLANT (BY SRI.A.KUMARAVEL, ADVOCATE.) AND:
T.A.CHANDRASEKAR NAIDU S/O.LATE T.R.ANJANEYALU NAIDU AGED ABOUT 57 YEARS R/AT.#34, 4TH CROSS BANGARAPPA LAYOUT UTTARAHALLI BENGALURU – 560 061.
ALSO AT :
T.A.CHANDRASEKAR NAIDU S/O.LATE T.R.ANJANEYALU NAIDU AGED ABOUT 57 YEARS #425, 2ND FLOOR PARAMAPPA ROAD NEAR CHANNAMMANAKERE ACHUKATTU POLICE STATION B.S.K. III STAGE BENGALURU - 560 085. ...RESPONDENT (BY SRI.ABDUL KHADER, ADVOCATE) THIS REGULAR FIRST APPEAL IS FILED UNDER SECTION 96 OF CODE OF CIVIL PROCEDURE, PRAYING TO SET ASIDE THE JUDGMENT AND DECREE DATED 30.01.2019 PASSED IN O.S.NO.3555/2018 ON THE FILE OF THE XIV ADDITIONAL CITY CIVIL JUDGE, BANGALORE, DISMISSING THE SUIT FOR RECOVERY OF MONEY.
THIS REGULAR FIRST APPEAL COMING ON FOR ORDERS THIS DAY, NAGARATHNA J., DELIVERED THE FOLLOWING:
JUDGMENT This appeal is listed for orders.
2. Learned counsel for the respective parties submits that during the pendency of this appeal, the parties have arrived at a settlement and the Memorandum of Compromise under Order XXXIII Rule 3 of Code of Civil Procedure, 1908 (CPC) has been filed and that the appeal may be disposed in terms of the compromise arrived at between the parties.
3. It is noted that this appeal is filed by the plaintiff, being aggrieved by the dismissal of the suit in O.S.No.3555/2018 filed against the respondent – defendant by the XIV Additional City Civil Judge, Bengaluru by judgment dated 30.01.2019. In the said suit, plaintiff had sought for recovery of a sum of Rs.19,38,769/-. Being aggrieved by the dismissal of the suit, the plaintiff has preferred this appeal.
4. Learned counsel for the respective parties submit that the parties are present before this Court. They have been identified by their respective counsel.
5. When queried by this Court, the parties have stated that they have indeed settled their dispute and have arrived at a compromise and that the appeal may be disposed of in terms of the compromise or settlement arrived at by them. They further state that they have arrived at a settlement on their own free volition without there being any coercion or undue influence from any side. Respondent submits that he would abide by the terms of the compromise and pay a sum of Rupees ten lakhs with 15% interest from the date of transaction (11.11.2013), within a period of four months from today.
6. Appellant submits that on the undertaking given by the respondent, the appeal could be disposed of.
7. The compromise petition is taken on record and perused. It is noted that the same is signed by the respective parties. The same reads as under:-
“UNDER ORDER XXXIII RULE 3 OF THE CODE OF CIVIL PROCEDURE The parties above names beg to state as follows:-
1. The appellant / plaintiff has filed a suit in O.S.No.3555/2018 on the file of the learned City Civil Judge at Bengaluru City (CCH-28) for the recovery of a sum of Rs.19,38,769/- (Rupees Nineteen Lakhs Thirty Eight Thousand Seven Hundred Sixty Nine Only) together with courts costs and interest at 15% per annum compounded with quarterly rests as agreed by the respondent / defendant by virtue of registered Memorandum of Title Deeds dated 11.10.2013 vide document No.JAY-1-04726/2013-14 of the office of the Sub-Registrar, Jayanagar, Bengaluru.
2. The appellant submits that he has paid a sum of Rs.10,00,000/- (Rupees Ten Lakhs Only) by way of Account Payee Order bearing No.043790 dated 10.10.2013 drawn on the Textile Co-operative Bank Ltd., Sudham Nagar Branch, Bengaluru in the name of respondent / defendant and the respondent after duly encashing the said Pay order through his A/C at Canara Bank, Bengaluru, has executed the above said Memorandum of Deposit of Title Deed, agreeing to repay the said sum of Rs.10,00,000/- together with interest thereon at 15% per annum and as the respondent has not paid the said amount as agreed upon by him, the appellant has filed the suit and as the said suit was dismissed, the appellant has filed the above appeal before this Hon’ble Court.
3. The appellant submit that now at the intervention of the elders and well-wishers of both the parties, they have resolved the dispute amicably and have arrived at the following settlement.
4. The respondent has agreed and undertake to pay the above said sum of Rs.10,00,000/- (Rupees Ten Lakhs Only) along with interest thereon at 15% per annum with quarterly rests as agreed in the above said Memorandum of Deposit of Title Deeds within 4 (four) months from this date without fail and for which the appellant has also agreed.
5. The appellant submits that the Court fee paid for filing the above Appeal may kindly be ordered to be refunded to the appellant as per law.
Wherefore, the parties above names respectfully pray that this Hon’ble Court be pleased to allow the above appeal in terms of the above said compromise petition, in the interest of justice and equity.”
8. On perusal of the same, we find that the terms of the compromise are lawful and that there is no legal impediment for accepting the same.
9. In the circumstances, the judgment and decree of the trial Court is substituted by the terms of the compromise / settlement arrived at between the parties and it is accordingly, modified and the suit is decreed in part. The appeal is accordingly disposed.
10. It is needless to observe that in the event, the respondent does not pay the aforesaid amount to the appellant within the aforesaid period, the appellant is at liberty to execute this compromise decree passed in this appeal as against the respondent.
11. In view of the settlement of the dispute at this stage, the Registry to refund 75% of the Court fee to the appellant as per Section 66 (2) (c) of the Karnataka Court-Fees and Suits Valuation Act, 1958.
Sd/- JUDGE Sd/- JUDGE VMB