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Sri. John a Monis Vs Sri. Robert D Souza — Karnataka HC (2025) — LawSathi Research

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Karnataka HC
2025
Sri. John a Monis Vs Sri. Robert D SouzaSri. John a Monis v. Sri. Robert D Souza

Disposed¶44

Sri. John a Monis v. Sri. Robert D Souza

Karnataka HC27 Nov 2025CRP/381/2023

Case brief

AI extract

What is this about?

Karnataka High Court, Bengaluru; CRP No. 381 of 2023; Justice V Srishananda; decided 27 November 2025; revision under Section 115 CPC against decree dated 11.02.2020 in S.C. No.2/2016 (Principal Senior Civil Judge and JMFC, Bantwal D.K.) decreeing money-recovery suit for Rs. 50,000/-; petitioner John A Monis (defendant, proprietor Dirvem Konkani Weekly) represented by Haleema Ameen; respondent Robert D Souza represented by Rohith Gowda B.J.; issue confined to rate of interest; 16% p.a. interest (04.01.2016-04.07.2016) maintained; future interest reduced from 9% to 6% p.a. till realization; petition disposed of; modified decree to be passed by Office.

What did the court decide?

Civil Revision Petition disposed of with modification: future interest reduced from 9% to 6% per annum from the date of the suit till realization, while the 16% p.a. interest (04.01.2016 to 04.07.2016) on Rs.50,000/- is maintained; Office directed to pass modified decree and the plaintiff is entitled to recover in accordance with law.

Why is it important?

Interest at 16% per annum from 04.01.2016 to 04.07.2016 on the principal sum of Rs.50,000/- as ordered by the Trial Court is maintained. ¶40

What the court decided

AI extract

Outcome

Civil Revision Petition disposed of with modification: future interest reduced from 9% to 6% per annum from the date of the suit till realization, while the 16% p.a. interest (04.01.2016 to 04.07.2016) on Rs.50,000/- is maintained; Office directed to pass modified decree and the plaintiff is entitled to recover in accordance with law.

Issue for consideration

Whether the judgment and decree passed in S.C. No.2/2016 should be interfered with in this revision under S.115 CPC at the instance of the defendant. +1 more

Ratio / Principle

Interest at 16% per annum from 04.01.2016 to 04.07.2016 on the principal sum of Rs.50,000/- as ordered by the Trial Court is maintained.

Key takeaways

The rate of future interest is reduced from 9% to 6% per annum from the date of the suit till realization.ratio¶41

Detailed headnote1 paragraphs

Civil Revision Petition (CRP No. 381 of 2023) under S.115 CPC before the High Court of Karnataka at Bengaluru (V Srishananda, J.; decided 27.11.2025) by the defendant-judgment debtor against the judgment and decree dated 11.02.2020 in S.C. No.2/2016 of the Principal Senior Civil Judge and JMFC., Bantwal D.K., which partly decreed a money-recovery suit entitling the plaintiff to recover Rs.50,000/- with interest at 16% p.a. (04.01.2016 to 04.07.2016) and future interest at 9% p.a. Held: the 16% per annum interest for 04.01.2016 to 04.07.2016 on the principal sum of Rs.50,000/- is maintained, but the rate of future interest is reduced from 9% to 6% per annum from the date of the suit till realization. With this modification the Civil Revision Petition stands disposed of, and the Office is directed to pass a modified decree, the plaintiff remaining entitled to recover the amount in accordance with law.

A

1 - NC: 2025:KHC:49346 CRP No. 381 of 2023

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 27^TH DAY OF NOVEMBER, 2025

BEFORE

THE HON'BLE MR. JUSTICE V SRISHANANDA CIVIL REVISION PETITION NO. 381 OF 2023

BETWEEN:

SRI. JOHN A MONIS S/O LATE SANTHAN MONIS, AGED ABOUT 59 YEARS, PROPRIETOR, DIRVEM KONKANI WEEKLY, FIRST FLOOR, PINTO COMPLEX, BIKARNAKATTE, MANGALURU D K - 575005

…PETITIONER

(BY SRI. HALEEMA AMEEN, ADVOCATE)

AND:

Digitally signed by SHARADAVANI B Location: High Court of Karnataka

SRI. ROBERT D SOUZA S/O ISIDORE D SOUZA, AGED ABOUT 66 YEARS, R/AT PUNJIALKATTE HOUSE, PLATHABETTU VILLAGE, BANTWALA TALUK - 574 224

…RESPONDENT

(BY SRI. ROHITH GOWDA B.J., ADVOCATE)

THIS CRP IS FILED UNDER SEC.115 OF CPC., AGAINST THE JUDGEMENT AND DECREE DATED 11.02.2020 PASSED IN SC NO.2/2016 ON THE OF THE PRINCIPAL SENIOR CIVIL

2 -

NC: 2025:KHC:49346 CRP No. 381 of 2023

HC-KAR

JUDGE AND JMFC., BANTWAL.D.K DECREEING THE SUIT FOR RECOVERY OF MONEY.

THIS PETITION, COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE V SRISHANANDA

ORAL ORDER

Heard Smt. Haleema, learned counsel for the petitioner and Sri. Rohith Gowda B.J., learned counsel for the respondent.

Defendant is the revision petitioner challenging the judgment and decree passed in S.C. No.2/2016. Operative portion of the decree reads as under:

"The suit of the plaintiff is hereby partly decreed with costs as follows:

The plaintiff is entitle for recovery of amount of Rs.50,000/- (Rupees Fifty Thousand) from the defendant.

The plaintiff is entitle for interest at the rate of 16% p.a. from 04.01.2016 to 04.07.2016 on principal sum of Rs.50,000/- (Rupees Fifty Thousand).

The plaintiff is also entitle for future interest at the rate of 9% p.a. from the date of the suit till its realization

3 -

NC: 2025:KHC:49346 CRP No. 381 of 2023

HC-KAR

on the principal sum of Rs.50,000/- (Rupees Fifty Thousand).

At the outset, Smt. Haleema would submit that

this Court may reduce the rate of interest as ordered by

the Trial Court and allow the revision petition to that extent.

Per contra, Sri. Rohith Gowda would oppose the

said submission.

Having heard both sides, this Court noted that

rate of interest at 16% per annum from 04.01.2016 to 04.07.2016 on the principle sum of Rs.50,000/- is to be maintained. But the rate of future interest is reduced from

9% to 6% from the date of till realization.

With the above modification, the following:

ORDER

(i) Civil Revision Petition stands disposed off.

NC: 2025:KHC:49346 CRP No. 381 of 2023

4 -

HC-KAR

(ii) Office to pass modified decree and plaintiff is

entitled to recover the same in accordance with law.

Sd/(V SRISHANANDA) JUDGE

SNC ct:SG List No.: 1 Sl No.: 40

Issues for consideration

2 issues framed by the court

AI extract

1.
Whether the judgment and decree passed in S.C. No.2/2016 should be interfered with in this revision under S.115 CPC at the instance of the defendant.¶25
2.
Whether the rate of interest ordered by the Trial Court in the money-recovery decree should be reduced.medium confidence¶35
The court held
Interest at 16% per annum from 04.01.2016 to 04.07.2016 on the principal sum of Rs.50,000/- as ordered by the Trial Court is maintained.ratio¶40

Statutes considered

1 provisions across 1 enactments

AI extract

Code of Civil Procedure115¶16

Procedural history

How this case reached the court

AI extract

Order under challenge
Judgment and decree dated 11.02.2020 in S.C. No.2/2016 decreeing the suit for recovery of money, challenged by the defendant under S.115 CPC¶16
Principal Senior Civil Judge and JMFC., Bantwal D.K. · 11.02.2020
Prior proceeding
Trial Court partly decreed the plaintiff's suit for recovery of money with costs; plaintiff held entitled to recover Rs.50,000/- from the defendant¶27
Prior proceeding
Trial Court awarded interest at 16% p.a. from 04.01.2016 to 04.07.2016 on the principal sum of Rs.50,000/-¶28
Prior proceeding
Trial Court awarded future interest at 9% p.a. from the date of the suit till realization¶29
Prior proceeding
The decree under challenge was described as decreeing the suit for recovery of money¶20

Parties & counsel

AI extract

petitioner
SRI. JOHN A MONIS S/O LATE SANTHAN MONIS¶8
Haleema Ameen
respondent
SRI. ROBERT D SOUZA S/O ISIDORE D SOUZA¶13
Rohith Gowda B.J.

Coram

AI extract

V SRISHANANDAauthor¶22

Case details

As recorded by the court registry

Court: Karnataka HC
Decided on: 27 Nov 2025 · November
Registered: 24 Jun 2023
Case no.: CRP/381/2023
CNR: KAHC010312212023
Bench: V Srishananda
Disposal: DISPOSED
Case type: CRP

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Cite this judgement

Sri. John a Monis v. Sri. Robert D Souza, CRP/381/2023 (KA), decided on 27 November 2025.

The High Court of Karnataka publishes no neutral citation for this judgement — cite it by case number and date of decision.

Statutes1

Code of Civil Procedure115

View all statutes

Procedural history5

Judgment and decree dated 11.02.2020 in S.C. No.2/2016 decreeing the suit for recovery of money, challenged by the defendant under S.115 CPCPrincipal Senior Civil Judge and JMFC., Bantwal D.K. · 11.02.2020
Trial Court partly decreed the plaintiff's suit for recovery of money with costs; plaintiff held entitled to recover Rs.50,000/- from the defendant
Trial Court awarded interest at 16% p.a. from 04.01.2016 to 04.07.2016 on the principal sum of Rs.50,000/-

View full history

Bench / Coram

V SRISHANANDA

Parties & counsel