Regular second appeal arising from a money suit was settled amicably between the parties through a compromise petition under Order XXIII Rule 3 CPC. The appellant paid Rs.4,00,000 by demand draft as full and final settlement, and the appeal was disposed of in terms of the compromise.
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NC: 2024:KHC-K:4446 RSA No. 200194 of 2019
IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH
DATED THIS THE 1ST DAY OF JULY, 2024
BEFORE
THE HON'BLE Mrs JUSTICE K S HEMALEKHA
REGULAR SECOND APPEAL NO.200194 OF 2019 (MON)
BETWEEN:
MALLANGOUDA S/O VEERANAGOUDA DEVAREDDY AGE: 59 YEARS, OCC: BUSINESS, R/O. K.H.B. COLONY, SINDHANUR, TQ. SINDHANUR, DIST. RAICHUR-584101.
…APPELLANT
(BY SMT. REKHA PATIL, ADV. FOR SRI G. G. CHAGASHETTI, ADVOCATE)
AND:
Digitally signed by SUMITRA SHERIGAR
Location: HIGH COURT OF KARNATAKA
RAJASHEKAR KAJAGAR S/O LATE MALLIKARJUN AGE: 50 YEARS, OCC: AGRICULTURIST, R/O. NEAR IDAGA MAIDANA, MANVI, TQ. MANVI, DISTRICT: RAICHUR-584101.
…RESPONDENT
(BY SMT. HEMA L.K., AND SRI LAXMIKANT H.K., ADVOCATES)
THIS RSA IS FILED U/S 100 OF CPC, PRAYING TO ALLOW THE ABOVE REGULAR SECOND APPEAL AND TO SE ASIDE THE JUDGMENT AND DECREE DATED: 15.06.2018 PASSED BY THE SENIOR CIVIL JUDGE AND JMFC SINDHANUAR SITTING AT MANVI IN R.A.NO.16/2015, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 13.03.2015 PASSED BY THE LEARNED CIVIL JUDGE AND JMFC, MANVI IN O.S. NO.107/2009 AND ETC.
THIS APPEAL, COMING ON FOR REPORTING SETTLEMENT, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
Learned counsel for the appellant and learned counsel appearing for the respondent submit that both parties have settled the matter amicably and files
compromise petition under Order XXIII Rule 3 of CPC duly signed by the parties and their respective counsel.
"a) The appellant/defendant has agreed to pay Rs.4,00,000/- (Rupees Four Lakhs only) through DD No.501506 Drawn on 01/07/2024 to the respondent Rajashekhar S/o Kajagar for full and final settlement of claim made by the Respondents has defendants in OS No.107/2009.
b) That the respondent Rajashekhar S/o Kajagar has agreed to receive the said amount as full and final settlement. Further the respondent/plaintiff hereby undertakes that he will not claim any amount in respect of the suit claim.
c) The respondent/plaintiff also undertakes that he will not initiate any legal proceedings in respect of suit claim."
defendant has agreed to pay a sum of Rs.4,00,000/through DD No.501506 drawn on 01.07.2024 to the respondent-plaintiff towards full and final settlement of the
claim made by the respondent-plaintiff. Photocopy of the DD is annexed along with the compromise.
Regular Second Appeal stands disposed of, decree to be drawn accordingly.
appellant is entitled for refund of Court fee. Registry is directed to refund the Court fee to the appellant in accordance with law.
MBM/CT: VD
Sd/JUDGE
2 provisions across 1 enactments
Mallangouda S/o Veeranagouda Devareddy
Rajashekar Kajagar S/o Late Mallikarjun
K S Hemalekha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
