Dismissed

Ramsingh, S/O. Baddu Rathod, v. Lachhmansingh, S/O. Rur Singh

Karnataka HC13 Sept 2019RSA/100509/2017

Case brief

AI extract

What is this about?

In a second appeal under Section 100 CPC arising from a money recovery suit, the High Court of Karnataka, Dharwad Bench, examined a compromise petition filed by the parties. The Court accepted the terms of settlement, decreed the suit accordingly, and ordered a refund of court fees.

What did the court decide?

The suit was decreed in terms of the compromise petition; the appeal was disposed of accordingly; court fee refunded.

Ramsingh, S/O. Baddu Rathod, Vs Lachhmansingh, S/O. Rur… — Money Laundering | Karnataka HC (2019)

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IN THE HIGH COURT OF KARNATAKA

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DHARWAD BENCH

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DATED THIS THE 13^TH DAY OF SEPTEMBER, 2019

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BEFORE

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THE HON’BLE MR. JUSTICE S. SUNIL DUTT YADAV

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R.S.A. NO.100509/2017 (MON)

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BETWEEN:

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RAMSINGH, S/O. BADDU RATHOD, AGE: 54 YEARS, OCC: ASST. SUB INSPECTOR OF RAILWAY PROTECTION FORCE, R/O. 647/B, CEMENT CHAL, GADAG ROAD, HUBBALLI-580 023, DIST. DHARWAD.

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...APPELLANT

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(BY SRI.K.L.PATIL, ADVOCATE SRI.S.S.BETURMATH, SRI.F.R.GALAGANATH, ADVOCATES)

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AND:

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LACHHMANSINGH, S/O. RUR SINGH, AGE: 62 YEARS, OCC: RTD., SECURITY COMMISSIONER RPF, R/O: C/O. ASHIRWAD S.A. FARNADISH, HOUSE NO. 13, NEAR SHANTI NAGAR, CHERCH MANAVEER COLONY, BENGERI, HUBBALLI-580 023, DIST. DHARWAD, SINCE DECEASED BY HIS LRS.

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1(A) SMT.SURABHI SINGH W/O LATE LACHHMAN SINGH, AGE: 55 YEARS, OCC: HOUSEHOLD,

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R/O M-24, NIRMAL PURI, 2^ND FLOOR, OLD DOUBLE STORY, LAJAPAT NAGAR-IV, LAJAPAT NAGAR, NEW DELHI-110 024.

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1(B) SMT.HARPREET SINGH D/O LATE LACHHAMAN SINGH, AGE: 32 YEARS, OCC: HOUSEHOLD, R/O M-24, NIRMAL PURI, 2^ND FLOOR, JOLD DOUBLE STORY, LAJAPAT NAGAR-IV, LAJAPAT NGAR, NEW DELHI-110 024.

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1(C) LAKHADEEP SINGH S/O LACHHAMAN SINGH, AGE: 30 YEARS, OCC: STUDENT, R/O M-24, NIRMAL PURI, 2^ND FLOOR, OLD DOUBLE STORY, LAJAPATNAGAR-IV, LAJAPATNAGAR, NEW DELHI-110 024.

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THE UNION OF INDIA, REP. BY THE GENERAL MANAGER, SOUTH WESTERN RAILWAY, GADAG ROAD, HUBBALLI-580 023, DIST. DHARWAD.

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THE UNION OF INDIA, REP. BY THE CHIEF PERSONAL OFFICER, SOUTH WESTERN RAILWAY, NEW G.M. BUILDING, GADAG ROAD, HUBBALLI-580 023, DIST. DHARWAD.

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(RESPONDENTS NO.2 & 3 ARE DELETED AS PER ORDER DATED 13.09.2019)

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...RESPONDENTS

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(BY SRI.G.N.BADIGER, ADVOCATE

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AND SRI.D.V.PATTAR, ADVOCATE FOR C/R1 AND R1(A TO C), R2 & R3 ARE DELETED V/O DATED 13.09.2019)

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THIS RSA IS FILED UNDER SECTION 100 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 19.04.2017 PASSED IN R.A.ANO.166/2016 ON THE FILE OF THE III ADDITIONAL SENIOR CIVIL JUDGE, HUBBALLI DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 28.09.2016 PASSED IN O.S.NO.99/2015 ON THE FILE OF THE III ADDITIONAL CIVIL JUDGE AND JUDICIAL MAGISTRATE FIRST CLASS COURT, HUBBALLI DISMISSING THE SUIT FILED FOR RECOVERY OF MONEY.

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THIS RSA COMING ON FOR HEARING ON I.A. THIS DAY, THE COURT, MADE THE FOLLOWING:

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JUDGMENT

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The suit was filed seeking for a decree for recovery of a sum of Rs.3 lakhs from defendant No.1 with interest at the rate of 18% p.a. from the date of the suit till realization. It is stated that the said amount was lent by way of hand loan to defendant No.1. After trial, the said suit came to be dismissed on 28.09.2016. Appeal in R.A.No.166/2016 which came to be filed challenging the judgment and decree passed in O.S.No.99/2015 came to be dismissed by order dated 19.04.2017. Against the said order dismissing the regular appeal, the present second appeal has been filed.

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2. During the pendency of the proceedings the

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parties have settled the dispute and a compromise petition is filed. The appellant is present in person and so also the legal representatives of defendant No.1 i.e. the wife (respondent No.1(a)) and the son (respondent No.1(c)) are present. Copy of power of attorney attested by respondent No.1(c) is produced which authorizes respondent No.1(b) to be represented by respondent No.1(c). The terms of the compromise have been explained to the parties. The compromise as contained in the petition is lawful.

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In terms of the settlement as reflected in the compromise it is agreed that respondents No.1(a) to 1(c) would pay a sum of Rs.3 lakhs to the appellant who is the plaintiff towards full and final settlement towards the appellant’s claim. The repayment is envisaged by way of honoring of a cheque bearing No.491161 drawn on Canara Bank, Hubballi. It is further stipulated that

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the cheque would be presented for payment after releasing of the benefits that defendant No.1 was entitled to by his employer. It is further stipulated that respondents No.1(a) to 1(c) are also at liberty to pay the above mentioned sum of Rs.3 lakhs within three days from the date of receipt of benefits that the deceased was entitled to from the employer.

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It is also made clear that in the event cheque is to be presented for realization, the cheque would be presented at the intimation of respondents No.1(a) to 1(c). Default clause is contained in paragraph 5 of the compromise petition. In terms of the compromise and accepting the said compromise petition, the suit is decreed in terms of the compromise. Noting that the respondent No.1(b) is not present and is represented through a decree holder, it is made clear that the liability of respondent No.1(b) would be made good by respondent No.1(c) in the event respondent No.1(b) does

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not co-operate for the discharge of obligation as envisaged in the compromise petition. Accordingly, office to draw decree in terms of the compromise and observations made above.

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In light of the disposal of the appeal by way of compromise entered into between the parties, there will be refund of court fee in accordance with Section 66(c) of the Karnataka Court Fees and Suits Valuation Act, 1958.

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The parties who are present to append their signature in the order sheet and to be identified by the counsel on record. Necessary copy of identity card to be furnished.

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Sd/-

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JUDGE

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Ramsingh, S/O. Baddu Rathod, v. Lachhmansingh, S/O. Rur Singh

Case brief

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Ramsingh, S/O. Baddu Rathod, v. Lachhmansingh, S/O. Rur Singh

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