IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF FEBRUARY, 2019 BEFORE THE HON’BLE MR.JUSTICE SREENIVAS HARISH KUMAR REGULAR FIRST APPEAL NO.130 OF 2016 Between:
Sri.Ashok Jain, Aged about 45 years, S/o. Late. M.S.Jain, Residing at No.34/1, 2nd Cross, D.R.Block, Dinnur Main Road, R.T.Nagar, Bengaluru-560 032. …Appellant (By Smt.S.Naganandini, Adv.,) And:
1. Sri.J.Murali, Aged about 41 years, S/o.S.Jayaraman, Residing at No.1003, Sterling Gardens, Kempapura, Hebbal, Bengaluru-560 024.
2. Smt.Shikha Murali, Aged about 35 years, W/o. Murali Hayaraman, Residing at No.1003, Sterling Gardens, Kempapura, Hebbal, Bengaluru-560 024. …Respondents (By Sri.Aswin Prabhu, Adv.,) This Regular First Appeal is filed under Section 96 of CPC., against the judgment and decree dated: 08.01.2013 passed in O.S.No.6945/2011 on the file of the XIX Addl. City Civil and Sessions Judge, Bengaluru, partly decreeing the suit for recovery of money.
This Regular First Appeal coming on for Orders, this day, the Court delivered the following:
JUDGMENT The appellant – Sri. Ashok Jain is present with his advocate. The first respondent – Sri. J.Murali is present with his advocate. He also represents respondent No.2 – Smt. Shikha Murali, who is none other than his wife.
2. This matter was referred to Mediation and since the parties were able to arrive at a settlement, the Mediation Centre has sent a report along with memorandum of settlement.
3. The contents of the memorandum of settlement are explained to the parties in Kannada and English languages. They confirm that they have arrived at this settlement, voluntarily. They have also signed the memorandum of settlement. The first respondent submits that he has already withdrawn an amount of Rs.5,12,500/-, which was deposited by the appellant pursuant to order dated 24.06.2016 passed by this Court. The balance amount is payable in four instalments, as mentioned in the memorandum of settlement. Compromise is lawful. It is accepted. Draw decree accordingly.
Refund 75% of the Court fee to the appellant.
Sd/- JUDGE Mgn*