Syed Shams Tabraiz Vs Shamasad

THIS RFA IS FILED UNDER SECTION 96 R/W ORDER 41 RULE 1 OF THE CPC, AGAINST THE JUDGMENT AND DECREE DATED 22.04.2022 PASSED IN O.S.NO.25807/2021 ON THE FILE OF THE LXXIV ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, MAYO HALL UNIT, BENGALURU (CCH-75), PARTLY DECREEING THE SUIT FOR RECOVERY OF MONEY.

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THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

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CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN

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and

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HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL

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NC: 2025:KHC:53508-DB RFA No. 1285 of 2022

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HC-KAR

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ORAL JUDGMENT

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(PER: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL)

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This appeal is filed challenging the judgment and decree dated 22.04.2022 passed in O.S.No.25807/2021 by the LXXIV Additional City Civil and Sessions Judge, Mayohall Unit, Bengaluru, (CCH-75).

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During the pendency of this appeal, matter was referred to the Karnataka Mediation Centre. The said Centre has placed a report along with the memorandum of settlement arrived at between the appellant and the respondent. The memorandum of settlement reads as under;

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"MEMORANDUM OF SETTLEMENT UNDER SECTION 89 OF CPC READ WITH RULES 24 AND 25 OF THE KARNATAKA CIVIL PROCEDURE (MEDIATION) RULES, 2005.

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I. The Appellant herein has filed above appeal challenging the judgment and decree dated 22.04.2022 passed by the LXXIV Additional City Civil and Sessions Judge, Mayohall Unit, Bengaluru (CCH-75) in O.S.No.25807/2021 decreeing the suit for a sum of Rs. 17,00,000/- (Rupees Seventeen Lakhs Only) with interest @ 6% per annum from the date of suit till realization.

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II. The aforesaid appeal was referred to mediation for resolving the dispute between the parties. During the

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4 - NC: 2025:KHC:53508-DB RFA No. 1285 of 2022

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HC-KAR

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course of mediation, the Appellant and the Respondent along with their respective Advocates were present, identified each other. Both the parties after a thorough discussion with the able assistance of their respective Advocates have resolved their disputes and have agreed to the following terms and conditions:

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Both the parties submit that both parties have agreed to amicably settle the dispute taking into consideration the duration of the litigation with uncertainty of the result and the litigation expenses.

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The Appellant/Defendant has agreed to pay a sum of Rs.17,00,000/- (Rupees Seventeen Lakhs Only) as full and final settlement of all the claims made by the Respondent/Plaintiff. Out which the Appellant/Defendant has already deposited a sum of Rs.8,00,000/- (Rupees Eight Lakhs Only) before the appellant court, out of the said amount of Rs.8,00,000/- (Rupees Eight Lakhs Only) the Respondent/Plaintiff has already withdrawal a sum of Rs. 4,00,000/- (Rupees Four Lakhs Only) and the same was acknowledged by the Respondent/Plaintiff.

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The remaining amount of Rs.9,00,000/- (Rupees Nine Lakhs Only) the appellant/Defendant has agreed to pay in 23 installments monthly a sum of Rs.40,000/-(Rupees Forty Thousand Only) commencing from 15th January 2026 month. However the last installment will be of Rs.20,000/- (Rupees Twenty Thousand Only). The said amount will be paid Appellant/Defendant to the below mentioned account maintained by the Respondent/Plaintiff.

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A/c No. 50100017191072 HDFC Bank, 7M-308, HRBR 1^st Stage, 80^th ft Road, Bengaluru 560 043 IFSC Code: HDFC0004367.

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5 - NC: 2025:KHC:53508-DB RFA No. 1285 of 2022

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HC-KAR

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Both the parties agreed that the appellant/defendant has no objection for the respondent/plaintiff withdrawing the balance amount of Rs.4,00,000/-(Rupees Four Lakhs Only) which is under deposit before this Hon'ble Court.

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The Respondent/Plaintiff has agreed to withdraw Ex. Petition No.25361/2022 with liberty to revive the same in case of default of payment of the agreed amount for a period of two months consecutively by the Appellant/Defendant.

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The Respondent/Plaintiff does not have any claim against the Appellant/Defendant in future apart from the amount aforementioned. Both the parties state that they have entered into this agreement on their own and there is no coercion or force from any one.

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In view of the settlement arrived at, the Appellant/Defendant has agreed the Respondent/Plaintiff shall be entitled for refund of court fee paid before the trial court. Likewise the respondent has agreed that the Appellant/Defendant shall be entitled for refund of court fee paid on the above appeal before this Hon'ble Court. Both the parties pray for refund of court fee as mentioned above.

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III. In view of the aforesaid agreement entered into between the parties, the parties pray that this Hon'ble High Court be pleased to pass appropriate orders in the above appeal in terms of this agreement.

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IV. Parties will appear before the Hon'ble Court for passing necessary orders in terms of the agreement."

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