Disposed¶37

Sri B S Viswanath v. Smt Roopa Shastry @ Rashmi

Karnataka HC20 Aug 2025RFA/436/2023

Case brief

AI extract

What is this about?

RFA No.436/2023 (MON); Karnataka High Court at Bengaluru; consent/compromise disposal of money-recovery appeal via joint memo; full and final settlement Rs.1,00,000/- by demand draft No.672418 (RBL Bank Gandhinagar Branch); underlying suit O.S.No.4246/2017 dismissed 02.12.2022 by XXXIX Addl. City Civil & Sessions Judge; provisions cited: S.96 r/w Order 41 Rule 1 CPC; decree to be drawn; court-fee refund; Justice K.S. Hemalekha; decided 20.08.2025.

What did the court decide?

Appeal disposed of in terms of the joint memo recording full and final settlement; respondent-defendant paid Rs.1,00,000/- to appellant-plaintiff by demand draft No.672418; decree to be drawn accordingly; appellant entitled to refund of court fee, if any. ¶37

Sri B S Viswanath Vs Smt Roopa Shastry @ Rashmi — Karnataka HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

¶37

Issue for consideration

Whether the judgment and decree of the trial court dismissing the appellant-plaintiff's suit for recovery of money (O.S.No.4246/2017) should be interfered with in this Regular First Appeal — an issue ultimately not adjudicated but resolved by amicable settlement recorded in a joint memo.

¶16

Court's answer

The joint memo filed by the appellant-plaintiff and respondent-defendant recording their amicable settlement was taken on record.

¶28

Ratio / Principle

The parties were present before the Court, duly identified by their respective counsel, and submitted that the settlement embodied in the joint memo was entered into out of their own free will, without coercion or undue influence.

¶36

Key takeaways

The Court recorded that on 20.08.2025 the respondent handed over demand draft No.672418 dated 28.08.2025 for Rs.1,00,000/- to the appellant towards full and final settlement, and the appellant acknowledged the same.ratio¶33
In view of the settlement arrived at between the parties, the appeal stood disposed of in terms of the joint memo.ratio¶37
A decree is to be drawn in accordance with the settlement recorded in the joint memo.

Detailed headnote1 paragraphs

Karnataka High Court, Bengaluru — Regular First Appeal No.436/2023 (MON), filed under S.96 r/w Order 41 Rule 1 CPC by the plaintiff, B.S. Viswanath, challenging the judgment and decree dated 02.12.2022 of the XXXIX Additional City Civil and Sessions Judge, Bengaluru City in O.S.No.4246/2017, whereby his suit for recovery of money was dismissed. Before decision, the appellant and respondent filed a joint memo recording an amicable settlement: the respondent, Roopa Shastry @ Rashmi, paid Rs.1,00,000/- by demand draft No.672418 to the appellant as full and final settlement, the appellant declaring no further claim. The Court took the joint memo on record, noted the parties appeared voluntarily without coercion or undue influence, recorded delivery and acknowledgment of the draft, and disposed of the appeal in terms of the joint memo on 20.08.2025, directing that a decree be drawn and permitting refund of court fee, if any. Single Bench: K.S. Hemalekha, J.

¶1

NC: 2025:KHC:32520 RFA No. 436 of 2023

¶2

¶3

HC-KAR

¶4

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

¶5

DATED THIS THE 20^TH DAY OF AUGUST, 2025 BEFORE

¶6

THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA REGULAR FIRST APPEAL NO.436 OF 2023 (MON)

¶7

BETWEEN:

¶8

SRI B.S. VISWANATH S/O LATE SRI SURYANARAYANA BHATTA AGED ABOUT 72 YEARS, R/AT “ADVAITHA”, NO.571, 15^TH MAIN, 10^TH CROSS, PADMANABHANAGAR, BENGALURU-560070.

¶9

…APPELLANT

¶10

(BY SRI PRADEEP NAIK K., ADVOCATE)

¶11

AND:

¶12

Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA

¶13

SMT. ROOPA SHASTRY @ RASHMI W/O SRI UMESH L. SHASTRY, AGED ABOUT 36 YEARS, R/A FLAT NO.D3, 3^RD FLOOR, RAJASADAN APARTMENTS, 1^ST MAIN, SUDHARSHAN LAYOUT, GATTIGERE MAIN ROAD, RAJESHWARINAGAR, BENGALURU-560072 AND ALSO AT VADAMATHA, NO.88, 9^TH CROSS, R.K. LAYOUT, 2^ND STAGE, NAGARABAVI, BENGALURU-560098.

¶14

…RESPONDENT

¶15

(BY SRI PARAMESHWAR N. HEGDE, ADVOCATE)

¶16

THIS RFA IS FILED UNDER SECTION 96 R/W ORDER 41 RULE 1 OF CPC AGAINST THE JUDGMENT AND DECREE DATED 02.12.2022 PASSED IN O.S.NO.4246/2017 ON THE FILE OF THE XXXIX ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU CITY, DISMISSING THE SUIT FOR RECOVERY OF MONEY.

¶17

¶18

NC: 2025:KHC:32520 RFA No. 436 of 2023

¶19

HC-KAR

¶20

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

¶21

CORAM: HON'BLE MRS. JUSTICE K.S. HEMALEKHA

¶22

ORAL JUDGMENT

¶23

The joint memo is filed by the appellant-plaintiff and respondent-defendant, which reads as under:

¶24

“It is submitted that, the appellant/plaintiff and the respondent/defendant have mututllay agreed to settle their dispute amicably.

¶25

In furtherance of the settlement the respondent/defendant is hereby paying a sum of Rs.1,00,000/through D.D No.672418 dated 20.08.2025 Drawn on RBL Bank Gandhinagar Branch to the appellant/plaintiff as full and final settlement.

¶26

In view of the above the appellant/plaintiff hereby declare that he has no further claim against the respondent/defendant.

¶27

In view of the above, the instant appeal may be disposed of by recording the joint memo.”

¶28

2. The said joint memo is taken on record.

¶29

¶30

NC: 2025:KHC:32520 RFA No. 436 of 2023

¶31

HC-KAR

¶32

Today (20.08.2025), the respondent has

¶33

handed over a demand draft bearing No.672418 dated 28.08.2025 for a sum of Rs.1,00,000/- to the appellant towards full and final settlement. The appellant has acknowledged the same.

¶34

The appellant and respondent are present

¶35

before this Court and are duly identified by their respective counsel.

¶36

The joint memo is signed by the appellant, respondent as well as their counsel. The parties submit that they have entered into settlement embodied in the joint memo out of their own free will, without coercion or undue influence.

¶37