Smt Bebi Vs M K Shivananjaiah

THIS RSA IS FILED UNDER SEC.100 R/W ORDER XLII RULE 1 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 13.10.2015 PASSED IN RA.NO.342/2012 ON THE FILE OF THE VII ADDL.DISTRICT JUDGE, MYSURU, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 09.07.2012 PASSED IN OS.NO.2/2011 ON THE FILE OF THE SENIOR CIVIL JUDGE & JMFC AT T.NARASIPURA.

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THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE ASHOK S.KINAGI

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ORAL JUDGMENT

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The appellants, and respondents are present before

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the Court. They are identified by their respective counsel.

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The appellants and respondents have filed a compromise petition, which reads as follows:

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1. That the Appellant No. 1 and 2 herein were the Defendant No.1 and 2 and the Respondents herein

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are the Legal Representatives of the deceased Original Plaintiff in O.S No.2/2011 on the file of Senior Civil Judge and JMFC at T.Narasipura. For the sake of convenience the status of the parties will be hereafter referred as they are arrayed before the Trial Court.

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2. That the Respondent/Plaintiff had filed a suit in O.S.No. 02/2011 on the file of Senior Civil Judge and J.M.F.C at T.Narasipura for the recovery of money for a sum of Rs.9,52,000/- with current and future interest @ 16% per annum (1.55 per month) from the date of suit till the realization with court Cost.

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3. The Appellants No. 1 and 2/Defendants 1 and 2 submit that, the Trial Court after the trial was pleased to decree the aforesaid suit as per the Judgment and Decree dated: 09/07/2012 and thereby directed the Appellants/Defendants 1 and 2 to pay a sum of Rs.9,52,000/- with current and future interest @ 16% per annum.

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4. Aggrieved by the aforesaid Judgment and Decree dated: 09/07/2012 passed in O.S No. 02/2011 on the file of the Senior Civil Judge and JMFC at T.Narasipura, the Appellants No. 1 and 2/Defendants 1 and 2 preferred an appeal in R.A.No.342/2012 on the file of VII Addl. District Judge, Mysuru and during the pendency of the aforesaid appeal and sole

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Defendant died and the Respondent No.1 to 3 being the LR's of the original Defendant bought on record and the First Appellate Court after hearing both the parties was pleased to dismiss the said R.A.No.342/2012 and thereby confirmed the judgment and decree passed by the trial Court as per the judgment and decree dated 13/10/2015.

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5. Aggrieved by the judgment and decrees of both the Courts, the Appellant No.1 and 2/Defendants 1 and 2 preferred an appeal in R.S.A.No.2039/2015 on the file of this Hon’ble High Court and the said Appeal is pending for consideration.

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6. The Appellant No.1 and 2/Defendant No.1 and 2 further submits that, during the pendency of this Appeal before this Hon’ble Court with the intervention of elder and well-wishers of the Appellants No.1 and 2/Defendants 1 and 2 and Respondent No.1 to 3 decided to settle the dispute on the following terms and conditions which may be part of modified decree.

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That a total sum of Rs.12,00,000/- (Rupees Twelve Lakhs only) will be paid as full and final settlement by the Appellants in favour of the Respondent No.1 to 3 as per the following terms:

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i. A sum of Rs.1,30,000/- is paid on this 3^rd day of July, 2025 by way of Demand Draft bearing

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No..815020, dated: 01/07/2025, drawn on Canara Bank. T.Narasipura Branch in favour of Respondent No. 2, S. Uma Venkatesh on her behalf and on behalf of Respondent No. 1 and 3 for which the Respondent No. 1 and 3 have also agreed.

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ii. An amount of Rs.4,76,000/- deposited by the Appellants before the Trial Court in Ex No.33/2015 on the file of Senior Civil Judge, T.Narsipura which was transferred to then Syndicate Bank now merged with the Canara Bank, T. Narasipura Branch, which was kept in the F.DNo. 824981, Certificate bearing No. 140038273 which has earned interest and now a total sum of Rs.6,57,349/- is in the F.D. It is agreed by the Appellants that the said deposit made in the Canara Bank shall be paid in the name of Respondent No. 2, S. Uma Venkatesh on her behalf and on behalf of Respondent No. 1 and 3 for which the Respondent No. 1 and 3 have no objection.

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iii. The Appellants have agreed to pay a further sum of Rs.2,06,326/- which shall be paid by the Appellants on or before 04/10/2025 by way of demand draft in favour of Respondent No. 2, S.Uma Venkatesh on her behalf and on behalf of Respondent No. 1 and 3 for which Respondent No.1 and 3 have no objection for which the Respondent No. 1 to 3 shall issue an acknowledgment for having received the said amount.

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The remaining balance of Rs.2.06.326/- shall be paid on or before 04.01.2026 towards the full and final settlement for a sum of Rs.12,00,000/- towards the claim of respondents No.1 to 3 as agreed above. If the Appellant fails to pay the aforesaid amount in terms of this settlement then, the respondents are at a liberty to make an application to modify this settlement.

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iv. The Respondents No.1 to 3 have agreed to receive the aforesaid payments in terms as stated above towards their full and final settlement of their claim to satisfy their decree.

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Wherefore, the Appellants No. 1 and 2 and Respondents No.1 to 3 pray that, this Hon'ble Court may record this Compromised Petition as started above and accordingly Decree may be drawn by modifying the Judgment and Decree of the Trial Court in O.S No.02/2007 on the file the Senior Civil Judge and JMFC at T.Narasipura and the Judgment and Decree dated: 13/10/2015 passed in R.A No. 342/2012 on the file of VII th Addl. District Judge, Mysuru may be set aside by recording this Compromise Petition and modified decree may be passed in terms of Para No. (i) to (iv) referred to above.

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In view of the settlement arrived by both the parties, the Court fees paid by the Appellants No. 1 and 2 may be ordered to be refunded to the Appellants No. 1 herein.

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Prays for an orders accordingly.”

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The contents of the compromise petition are

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read over, and explained to the parties in the language known to them. They have understood, and accepted the terms and conditions of the compromise petition, accordingly, prays to dispose of the appeals, in terms of the compromise petition.

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