Disposed

Sri. Nanjappa v. Smt. Girijamma

Karnataka HC4 Jan 2024RFA/448/2021

Case brief

AI extract

What is this about?

This regular first appeal (RFA) under Section 96 of the CPC, arising from a recovery suit, was disposed of on a compromise. The appellant had paid the principal debt, and parties settled interest and costs. The court recorded the settlement and modified the impugned judgment and decree accordingly.

What did the court decide?

The appeal was disposed of on compromise terms; the impugned judgment and decree were modified to reflect the settlement; appellant to pay Rs.55,000; court fee amounts to be released.

Sri. Nanjappa Vs Smt. Girijamma — Execution and Attachment | Karnataka HC (2024)

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NC: 2024:KHC:511 RFA No. 448 of 2021

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4^TH DAY OF JANUARY, 2024

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BEFORE

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THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR REGULAR FIRST APPEAL NO.448 OF 2021 (MON)

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BETWEEN:

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SRI. NANJAPPA AGED ABOUT 46 YEARS RESIDING AT NO.12 MUNIKAKA VATRA BEHIND RAJARAJESHWARI TEMPLE KENCHENAHALLI RAJARAJESHWARI NAGAR BANGALORE – 560 098. …APPELLANT (BY SRI. K S HARISH, ADVOCATE) AND:

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Digitally signed by VANDANA S Location: HIGH COURT OF KARNATAKA

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SMT. GIRIJAMMA WIFE OF LATE RAMANJINAPPA AGED ABOUT 62 YEARS RESIDING AT NO.48 SAPTAGIRI NILAYA CHAMARAPPA COMPOUND 1^ST MAIN ROAD RAJARAJESHWARI NAGAR BANGALORE – 560 098

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(BY SRI. G.S. BALAGANGADHAR, ADVOCATE)

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…RESPONDENT

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THIS RFA IS FILED UNDER SEC.96 R/W. ORDER XLI RULE 1 OF THE CPC AGAINST THE JUDGMENT AND DECREE DATED 02.01.2020 PASSED IN OS NO.3817/2015 ON THE FILE OF THE LXXV ADDL. CITY CIVIL AND SESSIONS JUDGE, BENGALURU (CCH-76) PARTLY DECREEING THE SUIT FOR RECOVERY OF MONEY.

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

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NC: 2024:KHC:511 RFA No. 448 of 2021

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JUDGMENT

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Parties have filed a Joint Memo / Compromise Petition, which reads as under:

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“(i) The above appeal was filed challenging the judgment and decree dated 02.01.2020 passed by the learned LXXV Additional City Civil & Sessions Judge, Bengaluru (CCH-76) in O.S.No.3817/2015 whereby the appellant / defendant was directed to pay a sum of Rs.1,62,000/- (Rupees One lakh sixty two thousand only) to the plaintiff together with interest at the rate of 10% per annum on the said amount from the date of filing of the suit until realization in full.

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(ii) During the pendency of the above appeal, the appellant had paid the entire principal amount of Rs.1,62,000/- to the respondent and the respondent acknowledges the receipt of the same.

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(iii) Insofar as the interest is concerned, the parties have agreed that instead of 10% p.a., the appellant shall pay interest on Rs.1,62,000/- (Rupees one lakh sixty two thousand only) at the rate of 6% p.a. from the date of suit.

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(iv) The appellant has further agreed that he shall pay a sum of Rs.55,000/- (Rupees fifty five thousand only) to the respondent within a period of 4 weeks from today as full and final settlement of the entire suit claim and the respondent has agreed for the same.

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NC: 2024:KHC:511 RFA No. 448 of 2021

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(v) The appellant had paid a sum of Rs.17,500/(Rupees seventeen thousand five hundred) as court fee on the above appeal and the appellant has no objection for this Hon’ble Court to release the same to the respondent. It is further agreed that the Court fee paid by the respondent in a sum of Rs.12,450/- (Rupees twelve thousand four hundred and fifty only) on the plaint before the Trial Court shall also be released to the respondent herein.

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Wherefore, this Hon’ble Court may be pleased to record the above terms of settlement and accordingly dispose the above appeal by modifying the judgment and decree of the Trial Court, in the interest of justice and equity.”

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The parties submit that the present appeal arises out of the impugned judgment and decree dated 02.01.2020 whereby the appellant – defendant was directed to pay a sum of Rs.1,62,000/- together with interest at 10% per annum on the said amount from the date of the suit till realization. As per the judgment and decree, the appellant – defendant would be liable to pay a sum of Rs.1,62,000/- + Rs.84,000/-. However, by way of amicable settlement parties have agreed that appellant would pay interest at 6% per annum on the principal amount of Rs.1,62,000/from the date of the suit, till realization. The said interest at 6% per

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NC: 2024:KHC:511 RFA No. 448 of 2021

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annum on Rs.1,62,000/- from the date of the suit till payment, comes to around Rs.84,000/-.

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As per the directions and orders of this Court, the appellant has already paid the entire principal amount of Rs.1,62,000/- to the respondent, who acknowledges the receipt of the entire principal amount from the appellant. Insofar as the interest is concerned, parties have agreed to pay a sum of Rs.84,000/- to the respondent towards full and final settlement of all claims of the respondents against the appellant. The details of the interest payable to by the appellant to the respondent is as under:

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(i) Rs.55,000/- shall be paid by the appellant

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to the respondent within a period of four weeks from today.

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(ii) Rs.17,500/- which is the Court fee paid on the memorandum of appeal, which parties have agreed shall be paid by the Registry to the respondent instead of the appellant.

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(iii) A sum of Rs.12,450/- paid by the respondent – plaintiff shall be disbursed / released in

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NC: 2024:KHC:511 RFA No. 448 of 2021

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favour of the respondent – plaintiff by the Registry of the

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Trial Court.

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The said Joint Memo is placed on record and the impugned judgment and decree is modified accordingly.

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In the result, I pass the following:

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ORDER

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(i) Appeal is hereby disposed of in terms of the Joint Memo.

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(ii) The impugned judgment and decree is modified accordingly in terms of the Compromise petition.

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(iii) Appellant shall pay a sum of Rs.55,000/- to the respondent within a period of four weeks from today.

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(iv) Registry of this Court is directed to disburse

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a sum or Rs.17,500/- paid by the appellant on the Memorandum of Appeal to the respondent forthwith without any delay.

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NC: 2024:KHC:511 RFA No. 448 of 2021

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(v) Registry of the Trial Court is directed to

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release a sum of Rs.12,450/- paid by the respondent – plaintiff on the plaint back to the plaintiff forthwith

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immediately upon receipt of a copy of this order.

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Sd/JUDGE

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SV List No.: 2 Sl No.: 1

Sri. Nanjappa v. Smt. Girijamma

Case brief

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Sri. Nanjappa v. Smt. Girijamma

Case brief

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