Dismissed

G M Somashekar v. Malenadu Areca Traders Company Private Ltd.

Karnataka HC18 Sept 2024RSA/730/2015

Case brief

AI extract

What is this about?

Two regular second appeals filed under Section 100 of the CPC concerning money recovery suits were disposed of. The High Court accepted a joint settlement memo filed by the parties, wherein a cheque for Rs. 10,10,000 was issued. The appeals were dismissed in terms of the settlement, and the court fee was directed to be refunded.

What did the court decide?

The appeals were disposed of in terms of the joint memorial of settlement. The court fee was directed to be refunded to the appellant.

G M Somashekar Vs Malenadu Areca Traders… — Contract and Commercial Disputes | Karnataka HC (2024)

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1 - NC: 2024:KHC:38627 RSA No. 730 of 2015 C/W RSA No. 698 of 2015

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 18^TH DAY OF SEPTEMBER, 2024

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BEFORE

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THE HON'BLE MR JUSTICE ASHOK S.KINAGI REGULAR SECOND APPEAL NO. 730 OF 2015 (DEC/INJ)

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C/W

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REGULAR SECOND APPEAL NO. 698 OF 2015 (MON)

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IN RSA No. 730/2015

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BETWEEN:

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G.M. SOMASHEKAR, S/O LATE MUREGEPPA, AGED ABOUT 51 YEARS, OCC:AGRICULTURIST, R/O GORAGODU VILLAGE, POST:JAYANAGARA TALUK, HOSANAGARA, SHIVAMOGGA DISTRICT.

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…APPELLANT

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Digitally signed by YAMUNA K L Location: High Court of Karnataka

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(BY SRI. H.S.SURESHAPPA GOWDA., ADVOCATE)

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AND:

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MALENADU ARECA TRADERS COMPANY PRIVATE LTD., REPRESENTED BY ITS EXECUTIVE DIRECTOR, ANIL KUMAR ODEYAR D.D. S/O CHAMARAJA ODEYAR, APMC YARD, SAGAR TOWN, SHIVAMOGA DISTRICT – 577 201. …RESPONDENT

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(BY SRI. PRUTHVI WODEYAR., ADVOCATE)

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2 - NC: 2024:KHC:38627 RSA No. 730 of 2015 C/W RSA No. 698 of 2015

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THIS RSA IS FILED U/S.100 OF CPC., AGAINST THE JUDGMENT & DECREE DATED 27.2.2015 PASSED IN R.A.NO.124/2012 ON THE FILE OF THE PRESIDING OFFICER, FAST TRACK COURT, SAGAR, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 24.3.2012 PASSED IN OS.NO.88/2004 ON THE FILE OF THE SENIOR CIVIL JUDGE & JMFC., SAGAR.

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IN RSA No. 698/2015

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BETWEEN:

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G.M. NANJUNDAPPA, S/O LATE MUREGEPPA, AGED ABOUT 59 YEARS, OCC:AGRICULTURE AND ADVOCATE, R/O NEAR VEENA SHARADA COLLEGE, 1^ST CROSS, SHARAVATHI NAGARA, SHIVAMOGGA.

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…APPELLANT

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(BY SRI. H.S.SURESHAPPA GOWDA., ADVOCATE)

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AND:

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MALENADU ARECA TRADERS COMPANY PRIVATE LTD., REPRESENTED BY ITS EXECUTIVE DIRECTOR, ANIL KUMAR ODEYAR D.D. S/O CHAMARAJA ODEYAR, APMC YARD, SAGAR TOWN, SHIVAMOGA DISTRICT – 577 201. (BY SRI. PRUTHVI WODEYAR., ADVOCATE FOR R1)

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…RESPONDENT

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3 - NC: 2024:KHC:38627 RSA No. 730 of 2015 C/W RSA No. 698 of 2015

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THIS RSA IS FILED U/S.100 OF CPC., AGAINST THE JUDGMENT & DECREE DATED 27.2.2015 PASSED IN R.A.NO.121/2012 ON THE FILE OF THE PRESIDING OFFICER, FAST TRACK COURT, SAGAR, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 02.04.2012 PASSED IN OS.NO.95/2004 ON THE FILE OF THE SENIOR CIVIL JUDGE & JMFC., SAGAR.

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THESE APPEALS, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

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CORAM: HON'BLE MR JUSTICE ASHOK S.KINAGI

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ORAL JUDGMENT

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Learned counsel for the parties have filed a joint memo of settlement.

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It is stated that the appellant and the respondent

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have settle the dispute amongst themselves and the suit of the plaintiff is for recovery of money against the defendant. Now the parties are agreed to settle the matter for an amount of Rs.10,10,000/- (Ten lakhs Ten Thousand Only) as a full and final settlement among the plaintiff and the defendant.

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The manner of payment of the settled amount is as

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follows;

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4 - NC: 2024:KHC:38627 RSA No. 730 of 2015 C/W RSA No. 698 of 2015

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"The appellant/defendant has issued a cheque dated 18.09.2024, drawn on DCC Bank, Shivamogga Branch, Hosanagara for an amount of Rs.10,10,000/in favour of the respondent/plaintiff."

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Hence, prayed to dispose of the appeal in terms of

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the memo of settlement.

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Memo is taken on record.

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Appeals are disposed of in terms of the memo of

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settlement.

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Office is directed to refund the Court fee as per Section 66 of the Karnataka Court Fee and Suit Valuation Act in favour

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of the appellant.

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Sd/(ASHOK S.KINAGI) JUDGE

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PN List No.: 1 Sl No.: 27 CT: SN

G M Somashekar v. Malenadu Areca Traders Company Private Ltd.

Case brief

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G M Somashekar v. Malenadu Areca Traders Company Private Ltd.

Case brief

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