Sri. H. Mukthiar Khan Vs Sri. v. Vidhyasagar (Deceased) Since Dead Represented His Lrs. Sri Rathan v — Karnataka HC (2025) — LawSathi Research

Sri. H. Mukthiar Khan Vs Sri. v. Vidhyasagar (Deceased) Since Dead Represented His Lrs. Sri Rathan v — Karnataka HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Appeals RFA No.1632/2013 and RFA No.1960/2018 and cross-objection RFA.CROB No.13/2014 disposed/ordered in terms of the joint memo of settlement between the parties; Court fees in the appeals to be refunded to the concerned parties on proper identification, and the court fee in RFA.CROB No.13/2014 to be refunded to respondent No.1(a) on proper identification.

Issue for consideration

Whether the appeals in RFA No.1632/2013 and RFA No.1960/2018 and the cross-objection in RFA.CROB No.13/2014, reported to have been settled between the parties under a joint memo, should be disposed of in terms of the settlement.

Court's answer

The joint memo recording the settlement between the parties is accepted, and the appeals in RFA No.1632/2013 and RFA No.1960/2018 together with the cross-objection RFA.CROB No.13/2014 are ordered in terms of the settlement arrived at between the parties.

Ratio / Principle

Court fees paid in the appeals are to be refunded as applicable to the concerned parties on proper identification.

Key takeaways

On accepting the submission of the learned counsel for the cross-objectors, the court fee in respect of RFA.CROB No.13/2014 is directed to be refunded to respondent No.1(a) on proper identification.ratio¶¶71

Detailed headnote1 paragraphs

Consent disposal by joint memo of settlement — High Court of Karnataka (Division Bench: Anu Sivaraman and Rajesh Rai K, JJ.), 23-09-2025 — Connected matters RFA No.1632/2013 (under S.96 r/w Order 41 CPC against judgment dated 09.07.2013 in O.S. No.73/2011, II Addl. Senior Civil Judge, Bengaluru Rural District, dismissing the suit for recovery of money), RFA No.1960/2018 (against the decree on counter claim partly allowing the defendant's claim) and RFA.CROB No.13/2014 (under Order 41 Rule 22 CPC, wherein the plaintiff was held liable to pay Rs.63,11,250/- to the defendants) — Counsel reported settlement between the parties and filed a joint memo; parties present and identified by counsel — Joint memo accepted; appeals and cross-objection ordered in terms of the settlement; Court fees in the appeals refunded as applicable to the concerned parties on proper identification, with the court fee in RFA.CROB No.13/2014 specifically refunded to respondent No.1(a) on proper identification.

NC: 2025:KHC:38741-DB RFA No. 1632 of 2013 C/W RFA No. 1960 of 2018 RFA.CROB No. 13 of 2014

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HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23^RD DAY OF SEPTEMBER, 2025

PRESENT

THE HON'BLE MRS. JUSTICE ANU SIVARAMAN AND

THE HON'BLE MR. JUSTICE RAJESH RAI K REGULAR FIRST APPEAL NO. 1632 OF 2013 (MON)

C/W

REGULAR FIRST APPEAL NO. 1960 OF 2018

RFA CROSS OBJECTION NO. 13 OF 2014

IN RFA No. 1632/2013:

BETWEEN:

Digitally signed by CHANNEGOWDA PREMA Location: High Court of Karnataka

SRI H. MUKTHIAR KHAN S/O SRI HABEEB KHAN AGED ABOUT 47 YEARS RESIDING AT No.547 8^TH CROSS, 2^ND PHASE GOKUL I STAGE YESHWANTHAPURA BANGALORE - 560 022

(BY SRI K.P. BHUVAN, ADV.)

…APPELLANT

AND:

SRI V. VIDHYASAGAR (DECEASED) SINCE DEAD REPRESENTED HIS LRS.

1(a) SRI RATHAN V S/O LATE VIDYASAGAR AGE 34 YEARS.

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NC: 2025:KHC:38741-DB RFA No. 1632 of 2013 C/W RFA No. 1960 of 2018 RFA.CROB No. 13 of 2014

HC-KAR

DR. USHA S. W/O VIDYASAGAR AGED ABOUT 42 YEARS.

BOTH ARE RESIDING AT PARVATHAMMA BUILDING PARVATHAMMA LAYOUT NEAR THINDLU BUS STOP THINDLU VILLAGE VIDYARANYAPURA POST BANGALORE - 560 097.

…RESPONDENTS

(BY SRI RAJESWARA P.N., ADV., R1 & R2)

THIS RFA IS FILED U/SEC.96, R/W O-41 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 09.07.2013 PASSED IN O.S. No.73/2011 ON THE FILE OF THE II ADDL. SENIOR CIVIL JUDGE, BENGALURU RURAL DISTRICT, BENGALURU, DISMISSING THE SUIT FOR RECOVERY OF MONEY AND ETC.

IN RFA NO. 1960/2018:

BETWEEN:

SRI. H. MUKTHIAR KHAN S/O SRI. HABEEB KHAN AGED ABOUT 53 YEARS RESIDING AT No.547 8^TH CROSS, 2^ND PHASE GOKUL I STAGE YESHWANTHAPURA BENGALURU-560 022

...APPELLANT

(BY SRI. PRASANNA KUMAR C.S., ADV.)

AND:

V. VIDHYASAGAR SINCE DEAD REPRESENTED BY HIS LRS.

3 - NC: 2025:KHC:38741-DB RFA No. 1632 of 2013 C/W RFA No. 1960 of 2018 RFA.CROB No. 13 of 2014

HC-KAR

1a. SRI. RATHAN V. S/O LATE VIDYASAGAR AGE 34 YEARS

DR. USHA S. W/O VIDYASAGAR AGED ABOUT 49 YEARS.

BOTH THE RESPONDENTS ARE R/AT. PARVATHAMMA BUILDING PARVATHAMMA LAYOUT NEAR THINDLU BUS STOP THINDLU VILLAGE VIDYARANYAPURA POST BENGALURU - 560 097.

...RESPONDENTS

(BY SRI RAJESWARA P.N., ADV., FOR R1 & R2)

THIS RFA IS FILED UNDER SECTION 96 R/W ORDER 41 RULE 1 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 09.07.2013 PASSED ON COUNTER CLAIM IN O.S. No.73/2011 ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE, BENGALURU RURAL DISTRICT, BENGALURU, PARTLY ALLOWING THE COUNTER CLAIM OF RESPONDENT/ DEFENDANT.

IN RFA. CROB NO. 13/2014:

BETWEEN:

V. VIDYA SAGAR SINCE DEAD REPRSENTED BY HIS LRS.

1a. SRI. RATHAN V. S/O LATE VIDYASAGAR AGE 34 YEARS RESIDENT OF PARVATHAMMA BUILDING, PARVATHAMMA LAYOUT, TINDLU, VIDYARANYAPURA POST, BENGALURU - 560 097.

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NC: 2025:KHC:38741-DB RFA No. 1632 of 2013 C/W RFA No. 1960 of 2018 RFA.CROB No. 13 of 2014

HC-KAR

DR. USHA S. AGED ABOUT 47YEARS W/O V. VIDYA SAGAR R/O PARVATHAMMA BUILDING PARVATHAMMA LAYOUT TINDLU, VIDYARANYAPURA POST BENGALURU - 560 097.

...APPELLANTS

(BY SRI RAJESWARA P.N., ADV.)

AND:

MR. H. MUKTHIAR KHAN S/O MR. HABEEB KHAN AGED ABOUT 45 YEARS R/AT No.547, 8^TH CROSS 2^ND PHASE, GOKUL I STAGE YESHWANTHAPURA BENGALURU - 560 022.

...RESPONDENT

(BY SRI K.P. BHUVAN, ADV.)

THIS RFA.CROB IS FILED U/O-41, RULE-22 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 09.07.2013 PASSED IN O.S. No.73/2011 ON THE FILE OF II ADDL. SENIOR CIVIL JUDGE, BENGALURU RURAL DISTRICT, BENGALURU, THE SUIT OF THE PLAINTIFF IS DISMISSED. THE COUNTER CLAIM FILED BY THE DEFENDANT IS HEREBY PARTLY ALLOWING. THE PLAINTIFFS IS LIABLE TO PAY A SUM OF RS.63,11,250/- TO THE DEFENDANTS.

THESE APPEALS, COMING ON FOR HEARING ON INTERLOCUTORY APPLICATION, THIS DAY, JUDGMENT WAS

DELIVERED THEREIN AS UNDER:

5 - NC: 2025:KHC:38741-DB RFA No. 1632 of 2013 C/W RFA No. 1960 of 2018 RFA.CROB No. 13 of 2014

HC-KAR

CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN and HON'BLE MR. JUSTICE RAJESH RAI K

ORAL JUDGMENT

(PER: HON'BLE MRS. JUSTICE ANU SIVARAMAN)

The learned counsel for the appellant submits that the appeals in RFA No.1632/2013 and RFA No.1960/2018 as well as RFA.CROB No.13/2014 have been settled between the parties. A joint memo to that effect is also filed. The parties are also present before this Court today and are duly identified by their respective counsel.

In the above view of the matter, the joint memo is accepted. The appeals as well as the crossobjection are ordered in terms of the settlement arrived at between the parties. The Court fees in the appeals shall be refunded as applicable to the concerned parties on proper identification.

NC: 2025:KHC:38741-DB RFA No. 1632 of 2013 C/W RFA No. 1960 of 2018 RFA.CROB No. 13 of 2014

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HC-KAR

Accepting the submission of the learned counsel

appearing for the cross-objectors, the court fee in respect of RFA.CROB No.13/2014 may be refunded to respondent No.1(a) on proper identification.

Sd/(ANU SIVARAMAN) JUDGE

Sd/(RAJESH RAI K) JUDGE

RAK

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