The High Court of Karnataka disposed of a revision appeal filed against a decree. The parties executed a joint compromise memo settling the decretal amount and interest. The appeal was allowed on the terms of the memo, setting aside the impugned judgment.
Revision appeal disposed on terms of joint memo; impugned judgment and decree set aside.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF OCTOBER, 2024 PRESENT
THE HON'BLE MR JUSTICE KRISHNA S DIXIT
AND
THE HON'BLE MR JUSTICE C M JOSHI RFA NO. 1545 OF 2017 (DEC/INJ)
BETWEEN:
SRI. K.V. NAIDU S/O K.C. NAIDU, AGED ABOUT 50 YEARS, R/A FLAT NO.C, GROUND FLOOR, DR. GROOVI APARTMENTS, 1ST MAIN ROAD, II STAGE, RMV EXTENSION, BENGALURU 560 094.
…APPELLANT
(BY SRI. NANJA REDDY P N .,ADVOCATE)
AND:
Digitally signed by SHARADA VANI B Location: HIGH COURT OF KARNATAKA
SRI. P. JAGADISH, S/O C. PADMANABHAIAH, AGED ABOUT 40 YEARS, R/A NIRMA MAHAL, AIYAPPA LAYOUT, MALLASANDRA EXTENSION, T. DASARAHALLI POST, BENGALURU 560 054.
…RESPONDENT
(BY SRI.K ANANDA.,ADVOCATE)
THIS RFA FILED UNDER SEC.96 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 6.6.2017 PASSED IN OS NO.3164/2008 ON THE FILE OF THE XVII ADDL. CITY CIVIL AND SESSIONS JUDGE, BANGALORE, PARTLY DECREEING THE SUIT FOR DECLARATION AND INJUNCTION.
NC: 2024:KHC:43548-DB RFA No. 1545 of 2017
THIS RFA, COMING ON FOR FURTHER CONSIDERATION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE KRISHNA S DIXIT and HON'BLE MR JUSTICE C M JOSHI
ORAL JUDGMENT
(PER: HON'BLE MR JUSTICE KRISHNA S DIXIT)
Both the sides having argued the matter for sometime, have now compromised the lis and accordingly, they have filed the Joint Memo dated 24.10.2024 this day, which reads as under:
“ Memo filed by the Appellant & Respondent
The appellant herewith furnishing the Memo of Calculation on decretal amount of Rs.15,40,000/- @ 12% amounting Rs.31,61,347/- (Rupees Thirty-One Lakhs Sixty-One Thousand Three Hundred fortyseven only) along with Costs of Rs.1,11,255/- and two demand drafts for the above said amount towards full and final settlement of the case.
1) Memo of Calculation @ 12% on Rs. 31,61,347/-
2) Demand Draft bearing No.199136 dated 25.09.2024 for Rs.21,07,564/- drawn on IndusInd Bank, Bengaluru in favour of Respondent P.Jagadish was paid on 14.10.2024.
3) Demand Draft bearing No.199138 dated 25.09.2024 for Rs.1,11,225/- drawn on IndusInd Bank, Bengaluru in favour of Respondent P.Jagadish was paid on 14.10.2024.
4) Demand Draft bearing No.199150 dated 19.10.2024 for Rs.10,53,783/- drawn on IndusInd Bank, Bengaluru in favour of Respondent P.Jagadish towards the balance 4% amount of interest as agreed between the parties is enclosed.
Wherefore , the appellant and the Respondent above named respectfully prays that the appeal may be disposed of accordingly by placing the above memo and refund the court fee paid by the appellant in the above case in the interest of justice and equity.”
day handed a Demand Draft dated 19.10.2024 for a sum of Rs.10,53,783/- (Rupees Ten Lakh Fifty Three Thousand Seven Hundred & Eighty Three) only, drawn on IndusInd Bank, Bengaluru, in favour of respondent-Sri.P.Jagadish towards the balance 4% amount of interest as has been agreed upon. Learned counsel for the respondent having received the same, acknowledges the receipt thereof before us. He has to hand this draft to his client, forthwith.
that the parties have appreciably given a decent burial to the long standing lis and therefore, as has been prayed,
NC: 2024:KHC:43548-DB RFA No. 1545 of 2017
appeal is disposed off in terms of the Joint Memo, setting
aside the impugned judgment & decree .
Registry to refund entire Court Fee to the appellant in view of a Coordinate Bench decision in A.SREERAMAIAH
vs. THE SOUTH INDIAN BANK LTD, ILR 2006 KAR 4032.
Ordered accordingly, costs having been made easy.
Sd/(KRISHNA S DIXIT) JUDGE
Sd/(C M JOSHI) JUDGE
cbc
List No.: 1 Sl No.: 32
Colour shows how this judgement treated each authority
A.SREERAMAIAH vs. THE SOUTH INDIAN BANK LTD, ILR 2006 KAR 4032Referred¶39
A.SREERAMAIAH vs. THE SOUTH INDIAN BANK LTD, ILR 2006 KAR 4032 · Who else cites this
1 provisions across 1 enactments
SRI. K.V. NAIDU
SRI. P. JAGADISH
KRISHNA S DIXIT
C M JOSHI
As recorded by the court registry
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