Dr S B Vikram Vs Dr B K Suresh

THIS RFA IS FILED UNDER SECTION 96 OF THE CPC, AGAINST THE JUDGMENT AND DECREE DATED 06.07.2019 PASSED IN O.S.NO.52/2017 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND CJM, MANDYA, DECREEING THE SUIT FOR RECOVERY OF MONEY.

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THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S RACHAIAH

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HC-KAR

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ORAL JUDGMENT

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Heard Sri.Muralidhara.C, learned counsel for the appellant and Sri.Hegde V.S, learned counsel for the respondent.

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Learned counsel for the appellant filed a memo along with General Power of Attorney executed by appellant No.2 in favour of appellant No.1. The same are taken on record.

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The appellant No.1 and respondent are present and they are identified by their respective counsels.

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This Regular First Appeal is filed against the judgment and decree dated 06.07.2019 passed in O.S.No.52/2017 on the file of Principal Senior Civil Judge and CJM at Mandya, decreeing the suit for recovery of a sum of Rs.10,44,100/- along with interest at 12% p.a.

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During the pendency of the appeal, learned counsel for the respective parties submitted that the parties have settled the dispute before the mediation. The Memorandum of Settlement under Section 89 of the Code of Civil Procedure, 1908 read with Rules 24 and 25 of the Karnataka Civil Procedure (Mediation) Rules, 2005 is produced herewith. The same is taken on record.

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NC: 2025:KHC:38984 RFA No. 599 of 2021

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HC-KAR

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The Memorandum of Settlement agreement entered into

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between the parties reads as under:

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“The present appeal filed by one Sri.Dr.S.B.Vikram and Mrs.Rathi Vikram against Sri.Dr.B.K.Suresh has been referred to mediation by the Hon'ble High Court of Karnataka, Bengaluru. Both the parties and their respective counsels participated in mediation. The 2nd Appellant appeared through V.C

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I. In the course of mediation, the parties have resolved their dispute and have resolved the disputed issue amongst them.

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1. Both the parties herein agree that O.S.52/2017 was filed by the respondent herein namely Sri.Dr.B.K.Suresh against the appellants herein for recovery of a sum of Rs.10,44,100/- (Rupees Ten Lakhs Forty Four Thousand One Hundred Only). It is further agreed that said suit in O.S.52/2017 was decreed vide judgment and decree dated: 06.07.2019. It is further agreed that aggrieved by the judgment and decree dated: 06.07.2019 in O.S.52/2017 above Regular First Appeal is filed by the original defendants.

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2. It is admitted by both the parties that the respondent has filed Execution petition in Ex.No.14/2020 for the recovery of the Decree amount and the same is pending on the file of Prl. Senior Civil Judge & CJM, Mandya.

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3. It is admitted by both the parties herein that the appellants herein had deposited a sum of Rs.6,66,310/in Ex.No.14/2020 at the time of admission of the above appeal, as per the directions of the Hon'ble High Court of Karnataka, Bengaluru.

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4. The appellants herein have no objection for the respondent herein namely Sri.Dr.B.K.Suresh receiving the entire deposited amount in Εx.No.14/2020 with accrued interest if any in full and final settlement of all the claims of the respondent against the appellants herein.

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HC-KAR

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5. The respondent Sri.Dr.B.K.Suresh has no objection to receive the aforesaid sum of Rs.6,66,310/- deposited by the appellants herein along with accrued interest if any, in full and final settlement of all his claims against the appellants herein.

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6. The respondent Sri. Dr. B.K.Suresh agrees that he would not make any past, present or future claim against the appellants herein with regard to the subject matter in issue in O.S.52/2017.

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7. The respondent herein further agrees in view of his agreeing to receive only the deposited amount in Ex.No.14/2020 along with accrued interest if any, he would not execute the decree in O.S.52/2017 anymore.

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8. The respondent herein agrees that he has no objection for the second appellant receiving the refund of court fee paid on the memorandum of this Regular First Appeal, as provided in the statute.

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9. Both parties herein agree that they have unequivocally withdrawn all allegations leveled against each other in all forums.

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10. The parties herein have agreed to the following terms and conditions as part of their settlement through mediation:-

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i) The appellant herein has no objection for the respondent Sri.Dr.B.K.Suresh receiving the entire amount deposited by the appellants herein in Ex.No.14/2020 along with accrued interest if any.

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ii. The appellants herein have no objection for the respondent herein namely Sri.Dr.B.K.Suresh receiving the entire deposited amount with accrued interest if any, in full and final settlement of all the claims of respondent against the appellants herein.

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iii. The respondent Sri.Dr.B.K.Suresh has no objection to receive the aforesaid sum of Rs.6,66,310/- deposited by the appellants herein in Ex.No.14/2020 along with accrued interest, in full and final settlement of all his claims against the appellants herein.

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HC-KAR

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iv. The respondent Sri.Dr.B.K.Suresh agrees that he would not make any past, present or future claim against the appellants herein with regard to the subject matter in issue in O.S.52/2017.

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v. The respondent herein further agrees in view of his agreeing to receive only the deposited amount in Ex.No.14/2020 along with accrued interest if any, he would not execute the decree in O.S.52/2017 anymore.

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vi. The respondent herein agrees that he has no objection for the 2^nd appellant receiving the refund of court fee paid on the memorandum of this Regular First Appeal, as provided in the statute.

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II. In view of the settlement arrived at as mentioned herein above both the parties pray this Hon'ble Court be kindly pleased to:-

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i) Dispose of the Above Regular First Appeal in terms of this Memorandum of mediation Settlement Agreement.

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ii) Kindly direct the Hon'ble Prl. Senior Civil Judge & CJM, Mandya to release the amount in deposit in Ex.No.14/2020 with accrued interest if any in favour of the respondent herein namely Sri.Dr.B.K.Suresh (Decree Holder in Ex.No.14/2020).

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Kindly order the registry to refund the eligible court fee in favour of the appellant Dr. S.B.Vikram, in the interest of Justice.

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III. Parties have agreed to move a memo for reporting the above settlement before the Hon'ble Court for passing necessary orders in terms of the above agreement.”

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