Appeal against decree for recovery of damages of Rs 2,50,000 was disposed on joint compromise; trial court judgment set aside and suit disposed in terms of compromise.
Judgment and decree set aside on joint compromise; suit disposed; refund of court fee directed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
NC: 2024:KHC:51804 RFA No. 62 of 2020
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF DECEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE K.NATARAJAN REGULAR FIRST APPEAL NO. 62 OF 2020 (MON-)
BETWEEN:
SMT. JINIMOL JAY JACOB WIFE OF JAY JACOB, AGED ABOUT 47 YEARS, R/AT NO.86, HEALTH LAYOUT, ANNAPURNESWARI NAGAR, OPPOSITE V.T.U., NAGARABAVI, 2ND STAGE, BENGALURU - 560 081.
Digitally signed by VEDAVATHI A K Location: High Court of Karnataka
ALSO R/AT NEDUMPARAMPIL, NEELAMPEROOR POST, KOTTAYAM, KERALA - 686 534.
NOW R/AT NO.34, HEALTH LAYOUT, ANNAPURNESWARI NAGAR, NAGARBHAVI, 2ND STAGE, BENGALURU - 560 081.
…APPELLANT
(BY SRI. KUMAR M N., ADVOCATE)
NC: 2024:KHC:51804 RFA No. 62 of 2020
AND:
MANJUSHREE TECHNO PACK LIMITED A COMPANY INCORPORATED UNDER THE PROVISIONS OF THE COMPANIES ACT, 1956, HAVING ITS REGISTERED OFFICE AT NO.60-E AND F, BOMMASANDRA INDUSTRIAL AREA, HOSUR ROAD, BENGALURU - 560 099. REPRESENTED BY ITS DULY, AUTHORISED SIGNATORY GANESH P.L. SON OF LOHITHAKSHA P., AGED ABOUT 34 YEARS.
…RESPONDENT
(BY SRI. GURUPRASAD C.REDDY., ADVOCATE FOR SRI. CHANDRASHEKARA REDDY M V., ADVOCATE)
THIS RFA IS FILED UNDER SEC.96 R/W SEC.107 AND ORDER XLI OF CPC., 1908 AGAINST THE JUDGMENT AND DECREE DATED 15.10.2019 PASSED IN OS.NO.3656/2018 ON THE FILE OF THE VIII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, (CCH15) BENGALURU, PARTLY DECREEING THE SUIT FOR RECOVERY OF MONEY.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
NC: 2024:KHC:51804 RFA No. 62 of 2020
CORAM: HON'BLE MR JUSTICE K.NATARAJAN
ORAL JUDGMENT
This appeal is filed by the appellant/defendant under Section 96 of CPC for setting aside the judgment and decree passed by VIII Additional City Civil a-nd Sessions Judge, Bengaluru, in O.S.No.3656/2018 on 15.10.2019. The Trial Court vide judgment had decreed the suit of the respondent/plaintiff and directed the defendant/appellant to pay damages of ₹2,50,000/- to the plaintiff within 2 months from the date of the judgment. Being aggrieved by the same, the defendant filed appeal before this court.
NC: 2024:KHC:51804 RFA No. 62 of 2020
on record.
the interlocutory application is hereby allowed.
Accordingly, this appeal is allowed.
The judgment passed by VIII Additional City Civil and Sessions Judge, Bengaluru, in O.S.No.3656/2018 on 15.10.2019, is hereby set aside.
The suit of the plaintiff is disposed of in view of the compromise.
The appellant is entitled for refund of the court fee. The amount deposited by the is hereby directed to be refunded by way of transfer to the bank account.
Sd/(K.NATARAJAN) JUDGE
AKV List No.: 1 Sl No.: 73 CT:SK
1 issue framed by the court
Whether the appeal should be allowed in terms of the joint compromise between the parties.
1 provisions across 1 enactments
SMT. JINIMOL JAY JACOB
MANJUSHREE TECHNO PACK LIMITED
K.NATARAJAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
