Allowed

M/S Mangalam Granites v. Sri. S. P. Mahendran

Karnataka HC1 Jun 2023RFA/552/2017

Case brief

AI extract

What is this about?

The High Court of Karnataka disposed of the regular first appeal filed against a decree for recovery of money. The appellant and respondent settled the matter via a compromise petition agreeing to full and final settlement terms. The appeal was decreed accordingly.

What did the court decide?

The appeal was decreed in terms of the compromise petition; the respondents accepted Rs. 4 Lakhs as full satisfaction; the appellant was entitled to a refund of the unutilised deposited balance and co

M/S Mangalam Granites Vs Sri. S. P. Mahendran — Karnataka HC (2023) — LawSathi Research

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RFA No. 552 of 2017

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 1^ST DAY OF JUNE, 2023

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BEFORE

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THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD REGULAR FIRST APPEAL NO. 552 OF 2017 (MON)

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BETWEEN:

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M/S MANGALAM GRANITES NO. 14/1, KUNIGAL ROAD OPPOSITE NANDI FARM NELAMANGALA BANGALORE RURAL DISTRICT

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M/S MANGALAM GRANITES ASHWATH NAGAR BANGALORE - 560 094. REPRESENTED HEREIN BY ITS AUTHORISED SIGNATORY SRI. NARAYANDAS JAJU

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…APPELLANT

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(BY SRI. RAVISHANKAR R H., ADVOCATE)

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Digitally signed by AND: DHANALAKSHMI MURTHY SRI. S. P. MAHENDRAN Location: High Court of M/S GOLDEN GRANITES SY NO.8 Karnataka MAREGOWDANAHALLY VILLAGE BEMMATHI POST, KONANURU ARKALAGUD TALUK HASSAN DISTRICT. (BY SRI.S.VIVEKANANDA.,ADVOCATE FOR SMT. V.GANGA BAI, ADVOCATE)

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…RESPONDENT

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RFA No. 552 of 2017

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THIS RFA IS FILED UNDER SECTION 96 R/W ORDER XLI RULE 1 & 2 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED:25.08.2016 PASSED IN OS NO.15/2013 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC., ARKALGUD, PARTLY DECREEING THE SUIT FOR RECOVERY OF MONEY.

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THIS APPEAL, COMING ON FOR HEARING, THIS DAY, THE COURT DELIVERED THE FOLLOWING:

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JUDGMENT

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This appeal is filed by the defendant under Section 96

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of Civil Procedure Code challenging the judgment and decree dated 25.08.2016 in O.S.No.15/2013 passed by the Senior Civil Judge and JMFC, Arkalgud, whereby the suit filed by the plaintiff has been partly decreed for a sum of Rs.6,79,171/-.

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For the sake of convenience, the parties are referred to as per their rankings before the trial court.

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After service of notice the parties have settled the matter. Today, they have filed a compromise petition under Order 23 Rule 3 r/w. Section 151 of CPC.

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The parties are present before the Court and submit that they have mutually entered into an agreement

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RFA No. 552 of 2017

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and they have settled the matter as per the compromise petition. They have been identified by their respective counsel. The compromise petition is taken on record and the same is extracted below:

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“ I. Respondent herein had instituted a suit seeking recovery of Rs.6,79,171/- (Rupees Six Lakhs Seventy Nine Thousand One Hundred Seventy One Only) along with interest from the Appellant herein in O.S.No.15/2013 before the Hon'ble Senior Civil Judge & JMFC at Arkalgud (hereinafter referred to as Trial Court). After service of summons appellant herein entered appearance and filed Written Statement.

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II. After hearing the parties, the Trial Court by Judgment and Decree dated 15/2013 partly decreed the said Suit and directed the Appellant herein to pay an amount of Rs.6,79,171/- (Rupees Six Lakhs Seventy Nine Thousand One Hundred Seventy One Only) within one month from the date of the said Judgment failing which interest was ordered to paid at the rate of 8% per annum from the date of due till date of realization.

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RFA No. 552 of 2017

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III. Respondent herein filed Execution Petition in Ex.Pet No.161/2016 in order to execute the said Judgment and Decree.

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IV. Appellant herein in the meanwhile filed the above Appeal challenging the above said Judgment and Decree dated 25.08.2016 in O.S.No.15/2013 passed by the Trial Court. This Hon'ble Court by Order dated 29.11.2019 granted an order of stay of operation of the said judgment and decree subject to the condition that the Appellant herein deposits 50% of the Decretal Amount along with interest accrued thereon in the Trail Court.

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V. As per the order dated 29.11.2019 passed by this Hon'ble Court, the Appellant herein has deposited the said 50% of decretal amount along with interest before the Trial Court, the details of which are as under:

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Amount Deposited	Rs.6,02,588/- (Rupees Six Lakshs Two Thousand Five Hundred Eighty Eight Only
Date of Deposit	10.01.2020
J.D.No.	131/19-2020 Dated 20.01.2020
R.O.No.	35862 Dated: 18.01.2020
DD No.	450657
DD Drawn	SBI Arkalgud

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RFA No. 552 of 2017

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On
DD Date	09.01.2020
Case Number	Ex.Pet No.161/2016 in O.S.No.15/2013
Court Designation	Senior Civil Judge & JMFC, Arkalgud

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VI. At the intervention of well wishers, the parties to the above Appeal have agreed to amicably resolve their disputes/ differences inter se and settle the matter.

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VII. Having settled the matter amongst themselves, the Parties are desirous of recording the same by this Compromise Petition, on the following terms and conditions:

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1. Appellant herein agrees to pay a sum of Rs.4,00,000/- (Rupees Four Lakhs Only) towards full and final settlement of all the dues to the Respondent under the Judgment and Decree dated 25.08.2016 in O.S.No.15/2013 passed by the Trial Court and the Respondent hereby accepts the same towards full and final satisfaction of all dues from the Appellant under the said Judgment and Decree;

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2. It is agreed between the parties that out of total amount deposited by the Appellant before the

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RFA No. 552 of 2017

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Trial Court i.e Rs.6,02,588/- (Rupees Six Lakhs Two Thousand Five Hundred Eighty Eight Only), the Respondent herein is entitled to withdraw an amount of Rs.4,00,000/- (Rupees Four Lakhs Only) from the Trial Court which shall be considered as payment of the amounts as per this Compromise by the Appellant to the Respondent towards full and final satisfaction of his claim. The balance amount of Rs.2,02,588/-(Rupees Two Lakhs Two Thousand Five Hundred Eighty Eight Only) out of the amount deposited before the Trial Court (details furnished above) as stated shall be taken back by the Appellant herein.

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3. All parties hereby agree and confirm that this settlement arrived at between themselves is mutual and most equitable amongst themselves;

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4. The Parties hereby declare and state that they have entered into, executed and admitted execution of this Compromise Petition out of their own free will and volition, without any coercion or undue influence, and that they jointly and/or severally accept to be unconditionally bound by the terms and conditions of this Compromise. The terms of this Compromise Petition shall be binding upon the heirs, assigns, legal representatives and any person claiming right through them.

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RFA No. 552 of 2017

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5. The Parties hereby agree and declare that none of them have any further claims against any of the other and all disputes and differences in relation to this Appeal has completely settled, fully and finally by this Compromise.

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6. Any breach of the terms of this Compromise by parties, shall entitle the other parties to execute the decree that may be passed in terms hereof.

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7. The parties to the Appeal agree that the Appeal may be decreed in terms of the compromise terms mentioned above.

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Wherefore the parties pray that this Hon'ble Court be pleased to dispose the above Appeal in terms of this Compromise Petition and order refund of Court Fees paid on the Appeal by Appellant to the Appellant in accordance with law leaving the parties to bear their respective costs, in the interest of justice and equity.”

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Accordingly, appeal is disposed of in terms of the compromise petition.

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RFA No. 552 of 2017

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Office is directed to draw the decree in terms of the

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compromise petition.

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Since the matter is settled out of Court, as per the provisions of Section 66 of the Karnataka Court-Fees and Suits Valuation Act, 1958, office is directed to refund the court fee in favour of the appellant, after due verification.

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Sd/JUDGE

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List No.: 2 Sl No.: 121

M/S Mangalam Granites v. Sri. S. P. Mahendran

Case brief

What is this about?

What did the court decide?

M/S Mangalam Granites v. Sri. S. P. Mahendran

Case brief

What is this about?

What did the court decide?

What the court decided

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Parties & counsel

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