Disposed¶6

Smt. K R Jayasheela v. Sri. B S Kiran

Karnataka HC5 Nov 2025RFA/618/2019

Case brief

AI extract

What is this about?

Compromise settlement via joint memo disposing of RFA; Karnataka High Court Bengaluru; Justice Hanchate Sanjeevkumar; RFA No. 618 of 2019 (MON); Section 96 CPC 1908; recovery-of-money suit OS.No.2224/2012 (XXXVIII Addl. City Civil and Sessions Judge, Bangalore City; decree 31.10.2018); voluntariness of settlement/no coercion verified; decree in terms of joint memo; disbursement of Trial Court deposit to respondent; refund of court fee to appellant/defendant; no precedents cited; no quantum stated.

What did the court decide?

Appeal disposed of in terms of the joint memo recording the settlement; decree to be drawn accordingly with the certified copy of the joint memo annexed to it; Trial Court to disburse the appellant's deposit to the respondent upon application; Registry to refund the court fee paid by the appellant/defendant. ¶6

Smt. K R Jayasheela Vs Sri. B S Kiran — Karnataka HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Ratio / Principle

The Court satisfied itself that the settlement recorded in the joint memo was voluntary, noting the appellant's statement that there was no coercion and that the appeal was settled on her own will and wish.

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Key takeaways

The appeal is disposed of in terms of the joint memo filed by the parties.ratio¶5
A decree is to be drawn in terms of the joint memo, and the certified copy of the joint memo shall form part and parcel of the decree.ratio¶6
The appellant is directed to produce details of the deposit she made before the Trial Court, and the Trial Court is directed to disburse that amount in favour of the respondent upon the necessary application being filed.ratio

Detailed headnote1 paragraphs

RFA No. 618 of 2019 (High Court of Karnataka at Bengaluru, decided 05.11.2025 by Justice Hanchate Sanjeevkumar): Regular First Appeal under Section 96, CPC 1908, against the judgment and decree dated 31.10.2018 of the XXXVIII Addl. City Civil and Sessions Judge, Bangalore City in O.S. No. 2224/2012, which had partly decreed a suit for recovery of money. Before the High Court, the appellant filed a joint memo stating the matter was settled; the Court enquired and recorded the appellant's confirmation that the settlement was free of coercion and made of her own will and wish, with respondent's counsel stating he was authorised to compromise on behalf of the respondent. The appeal was disposed of in terms of the joint memo; decree ordered accordingly with the certified joint memo forming part of it; the appellant directed to produce details of her Trial Court deposit, which the Trial Court was directed to disburse to the respondent upon application; and the Registry directed to refund the appellant/defendant's court fee upon verification per rules. No cases were cited and no monetary figure for the deposit is stated in the judgment text.

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NC: 2025:KHC:44570 RFA No. 618 of 2019

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5^TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR REGULAR FIRST APPEAL NO. 618 OF 2019 (MON)

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BETWEEN:

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SMT. K.R. JAYASHEELA AGED ABOUT 43 YEARS, W/O. LATE. DR. M MANOJ, PROPRIETRIX, M/S. UNITY LIFELINE HOSPITAL, EKADANTA, NO. 193, 2^ND BLOCK, 32^ND STAGE, NAGARBHAVI, BANGALORE – 560 072

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…APPELLANT

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(BY SRI. C.R. RAVISHANKAR, ADVOCATE)

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AND:

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SRI. B.S.KIRAN S/O. SRI. SHIVALINGAIAH, SINCE DEAD BY HIS LR,

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Digitally signed by RAMYA D Location: HIGH COURT OF KARNATAKA

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SMT. CHETHANA, W/O. LATE. B S KIRAN, R/AT NO. 128/B, LAKSHMI KRIPA, GH ROAD, ASHOK NAGAR, MANDYA - 571 401

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…RESPONDENT (BY SRI. D. PRABHAKAR, ADVOCATE)

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THIS RFA FILED U/S.96 OF CPC 1908 AGAINST THE JUDGMENT AND DECREE DATED 31.10.2018 PASSED IN OS.NO.2224/2012 ON THE FILE OF THE XXXVIII ADDL. CITY CIVIL AN SESSIONS JUDGE BANGALORE CITY PARTLY DECREEING THE SUIT FOR RECOVERY OF MONEY.

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NC: 2025:KHC:44570 RFA No. 618 of 2019

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HC-KAR

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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 MR. JUSTICE HANCHATE SANJEEVKUMAR

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ORAL JUDGMENT

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Learned counsel for the appellant has filed a joint memo stating that the matter is settled between the appellant and respondent and prays for decree accordingly.

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The appellant is present before this Court and respondent is absent, but the learned counsel for the respondent submitted that he is authorized to enter into a compromise on behalf of respondent.

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Upon enquiry, the appellant stated that there is no role of coercion to make settlement, but that on their own will and wish, the appeal is settled. Hence, requested the Court to pass decree in terms of the joint memo.

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Therefore, the joint memo filed today is placed on record.

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NC: 2025:KHC:44570 RFA No. 618 of 2019

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HC-KAR

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5. Accordingly, the appeal is disposed of in terms

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of joint memo.

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Draw decree accordingly in terms of joint memo and certified copy of the joint memo shall be part and parcel of the decree.

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The appellant is directed to produce details of

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the deposit made by the appellant before the Trial Court and the Trial Court is directed to disburse the said amount in favour of respondent upon the necessary application filed in this regard.

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Registry is directed to refund the Court fee paid

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by the appellant/defendant upon proper verification as per rules.

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SD/(HANCHATE SANJEEVKUMAR) JUDGE

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SRA List No.: 1 Sl No.: 13

Smt. K R Jayasheela v. Sri. B S Kiran

Case brief

What is this about?

What did the court decide?

Smt. K R Jayasheela v. Sri. B S Kiran

Case brief

What is this about?

What did the court decide?

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What the court decided

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