IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF NOVEMBER, 2019 PRESENT THE HON'BLE MRS. JUSTICE B.V.NAGARATHNA AND THE HON’BLE MR. JUSTICE SURAJ GOVINDARAJ R.F.A. NO.561 OF 2018 (MON) BETWEEN:
SRI. T. GANGADARAIAH S/O LATE THIMMAIAH AGED ABOUT 57 YEARS R/O CHANDANAHOSAHALLI DABASPET POST NELAMANGALA TALUK-562111 BENGALURU RURAL DISTRICT. ... APPELLANT (BY SRI.H.M. KISHOR KUMAR, ADVOCATE FOR A.G.SHIVANNA & ASSOCIATES) AND:
SMT. SAROJA W/O ASHWATHNARAYANASWAMY AGED ABOUT 42 YEARS R/O NO.203, ‘D’ BLOCK KEB QUARTERS, RAJAJINAGAR BENGALURU-560010. ... RESPONDENT (BY SRI. R.RAJA SHEKAR, ADVOCATE FOR P.NEHRU & ASSOCIATES FOR C/RESPONDENT) THIS APPEAL IS FILED UNDER SECTION 96 OF CODE OF CIVIL PROCEDURE, AGAINST THE JUDGMENT AND DECREE DATED 16.12.2017 PASSED IN OS NO.6373/2012 ON THE FILE OF THE XVII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BANGALORE PARTLY DECREEING THE SUIT FOR RECOVERY OF MONEY.
***** THIS APPEAL COMING ON FOR ORDERS, THIS DAY, NAGARATHNA J., DELIVERED THE FOLLOWING:-
JUDGMENT 1. This appeal is listed for orders to record the compromise arrived at between the parties.
2. The appellant is the defendant in O.S.No.6373/2012.
Being aggrieved by the judgment and decree passed by the 17th Additional City Civil and Sessions Judge, Bangalore dated 16.12.2017 in the said suit directing the defendant to pay a sum of Rs.35,00,000/- with interest @ 6% p.a. from 04.09.2009 till realization to the respondent- plaintiff while dismissing the counter claim of the defendant, the defendant has preferred this appeal.
3. Learned counsels for the respective parties submit in unison that during the pendency of this appeal, the parties have negotiated a settlement and they have filed a compromise petition under Order XXIII Rule 3 of Code of Civil Procedure, 1908 (hereinafter referred to as ‘CPC' for the sake of brevity). They further submit that the appeal may be disposed of in terms of the compromise petition arrived at between the parties by modifying the judgment and decree of the trial Court.
4. The parties are present before this Court. They have been identified by their respective counsel. When enquired by this Court, they stated that they have indeed arrived at a settlement of the dispute and that the judgment and decree of the trial Court may be modified. They have also stated that they have agreed for a settlement by way of a compromise in this appeal of their own free volition and there being no coercion or force or undue influence from any side. That the appeal may be disposed of in terms of settlement arrived at between them.
5. The application filed under Order XXIII Rule 3 of CPC is taken on record. It is noted that the same is signed by the respective parties and their counsel. The same reads as under:
Application under order 23 Rule 3 of the code of civil procedure:
1. That the above appeal is filed against the Judgment and decree dated 16/12/2017 in O.S.No.6373/2012 passed by the City Civil and Session Judge, Bengaluru (CCH.16).
2. That the appellant/Defendant and respondent/plaintiff on the advice of well-wishers, friends and relatives have realizing the facts and circumstances of the case and the consequences, decided to settle their dispute once for all as per the terms and conditions mentioned below.
3. That the appellant/Defendant has agreed to pay sum of Rs.25,00,000/- (Rupees Twenty Five Lakhs only) to the respondent/plaintiff towards full and final settlement of the claim.
4. The respondent/plaintiff agreed to receive sum of Rs.25,00,000/- (Rupees Twenty Five Lakhs only) from the appellant/defendant towards her claim as full and final settlement.
5. That the appellant has given Rs.25,00,000/- (Rupees Twenty Five Lakhs only) to the respondent by way of Demand Draft dated 2/11/2019 drawn on Vijaya Bank made in DD. No.143726 Rs.15,00,000/- (Rupees Fifteen Lakhs only) and Demand Draft dated 2/11/2019 drawn on Canara Bank made in DD.No.335844 Rs.10,00,000/- (Rupees Ten Lakhs only).
6. That both the parties have agreed to withdraw all the allegation and counter allegations against each other and the respondent/plaintiff has agreed to withdraw all the criminal cases/ Crl. Appeal 1820/2019; Crl.Appeal 1822/2019; Crl.Appeal No.1823/2019, pending in City Civil Court, CCH.60 filed against the appellant/plaintiff and further agreed that she has no further claim against the appellant/respondent.
7. Both the parties have read and understood the contents of the compromise petition read over to them in Kannada.
Therefore the appellant/defendant and respondent /plaintiff request this Hon’ble court may be pleased to dispose of the appeal in terms of the compromise petition, in the interest of justice.
The appellant and respondent request this Hon’ble court may be pleased to refund the court fee paid on the appeal as permissible under section 66 of the Karnataka Court fees and suits valuation Act.
Sd/- Sd/-
Advocate for Appellant/Defendant Appellant/Defendant Sd/- Sd/-
Advocate for Respondent/Plaintiff Respondent//Plaintiff”.
6. It is noted that the appellant shall pay a sum of Rs.25,00,000/- to the respondent in full and final settlement of all the claims made by the respondent herein. Appellant’s counsel submits that two demand drafts for total sum of Rs.25,00,000/- have been handed over to the learned counsel for the respondent who has in turn handed over the same to the appellant who acknowledges the receipt of the same. The details of which are as under:
Demand Draft No.
Date Amount Drawn on 335844 02.11.2019 10,00,000 Canara Bank, Bangalore Accounts Section 143726 02.11.2019 15,00,000 Vijaya Bank, Service Branch, Bangalore 7. The appellant submits that these demand drafts shall be honoured and the parties further submit that they would abide by other terms of the compromise as stated in the compromise petition.
8. On perusal of the same, we find that the same is lawful and there is no legal impediment to accept the same.
9. In the circumstances, this appeal is disposed of in terms of compromise/settlement arrived at between the parties by modifying the judgment and decree passed by the 17th Additional City Civil and Sessions Judge, Bangalore dated 16.12.2017 in O.S.No.6373/2012.
Registry to draw the decree in the aforesaid terms.
In view of the settlement of the dispute between the parties, the registry is directed to refund 75% of the court fee paid by the appellant to the appellant under Section 66(2)(c) of the Karnataka Court Fees and Suits Valuation Act, 1958.
Sd/- JUDGE Sd/- JUDGE Prs*