Sri K B Shankar Vs H Madhuri — Karnataka HC (2026) — LawSathi Research

Sri K B Shankar Vs H Madhuri — Karnataka HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Appeal disposed of in terms of the compromise; consent decree passed under Order XXIII Rule 3 r/w Section 151 CPC recording payment of Rs.73,00,000/- by Demand Draft No. 008116 dated 04/06/2026 in full and final satisfaction; refund of court fee to the 1st LR (Meenakshi S.P.) directed if appellants found entitled in accordance with law and relevant rules.

Issue for consideration

Whether the appeal may be disposed of in terms of the compromise entered into between the appellants and the respondent, by passing a consent decree. +1 more

Court's answer

A consent decree is passed in terms of the compromise arrived at between the parties.

Ratio / Principle

The parties present were identified by their respective counsel, signed each page of the compromise petition along with their counsels, and stated that the compromise was entered into on their free will, without force, coercion or undue influence.

Key takeaways

If the appellants are entitled to refund of the court fee, the registry is to refund the same in accordance with law and the relevant rules.ratio¶59

Detailed headnote1 paragraphs

RFA under Section 96 CPC by the LRs of the deceased defendant-appellant against the judgment and decree dated 24.04.2017 of the XIX Addl. City Civil and Sessions Judge, Bangalore City in O.S.No.4631/2014 (recovery of money), wherein the trial court had decreed Rs.59,40,365/- with costs and interest at 10% p.a. on Rs.48,00,000/- principal. During pendency of the appeal the parties settled amicably and filed a memorandum of compromise under Order XXIII Rule 3 r/w Section 151 CPC, agreeing to pay Rs.73,00,000/- (Rupees Seventy Three Lakhs) by Demand Draft No. 008116 dated 04/06/2026 in full and final satisfaction, discharging all claims inter se including those relating to the agreement of sale. The Court, having satisfied itself that the parties consented on free will without force, coercion or undue influence, passed a consent decree disposing of the appeal and directed the registry to refund the court fee to the 1st LR if the appellants are entitled thereto in accordance with law and relevant rules.

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NC: 2026:KHC:32566-DB RFA No. 1464 of 2017

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 1^ST DAY OF JULY, 2026

PRESENT

THE HON'BLE MR. JUSTICE D K SINGH

AND

THE HON'BLE MR. JUSTICE T.M.NADAF REGULAR FIRST APPEAL NO. 1464 OF 2017 (MON)

BETWEEN:

K B SHANKAR

S/O LATE BORAIAH AGED ABOUT 60 YEARS

SINCE DEAD BY HIS LRs

MEENAKSHI. S.P W/O LATE K.B.SHANKAR, AGED ABOUT 58 YEARS,

VINAY.S

Digitally signed by VASANTHA KUMARY B K Location: HIGH COURT OF KARNATAKA

SON OF LATE K.B.SHANKAR, AGED ABOUT 35 YEARS,

CHANDAN.S

SON OF LATE K.B.SHANKAR, AGED ABOUT 32 YEARS

ALL ARE R/AT No.3, STATE BANK OF MYSORE HOUSEING CO-OPERATIVE SOCIETY LIMITED BLOCK No.20, EXTENSION OF MYSORE CITY, SRIRAMAPURA 2^ND STAGE, CHAMARAJA MOHALLA, MYSROE-570023.

…APPELLANTS (BY SRI. VIVEK B.N, ADVOCATE FOR LRS OR DECEASED APPELLANT)

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NC: 2026:KHC:32566-DB RFA No. 1464 of 2017

HC-KAR

AND:

H MADHURI W/O HARI R/A NO.4/1, 2ND FLOOR IST MAIN, BHUVANAPPA LAYOUT DRC POST HOSUR ROAD BENGALURU-560029

…RESPONDENT

(BY SRI. RAGHU PRAKASH BABU D., ADVOCATE)

THIS RFA IS FILED UNDER SECTION 96 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 24.4.2017 PASSED IN OS NO.4631/2014 ON THE FILE OF THE XIX ADDL. CITY CIVIL AND SESSIONS JUDGE, BANGALORE CITY, PARTLY DECREEING THE SUIT FOR RECOVERY OF MONEY.

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

CORAM: HON'BLE MR. JUSTICE D K SINGH and

HON'BLE MR. JUSTICE T.M.NADAF

ORAL JUDGMENT

(PER: HON'BLE MR. JUSTICE D K SINGH)

The present appeal is filed under Section 96 r/w Order 41 Rule 1 of the Code of Civil Procedure 1908 (for brevity referred to as 'the CPC' ) by the defendant challenging the impugned judgment and decree dated 24.04.2017 passed by the XIX Additional City Civil and Sessions Judge at Bangalore City, (CCH No.18) in O.S.No.4631/2014.

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NC: 2026:KHC:32566-DB RFA No. 1464 of 2017

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The Trial Court has decreed the suit and passed a decree against the defendant/appellant for a sum of Rs.59,40,365/with costs, current and future interest at the rate of 10% p.a. on the principal amount of Rs.48,00,000/- from the date of the suit, till realization of the amount.

During the pendency of this appeal, the parties have settled their dispute amicably outside the Court and have filed a compromise petition for passing a consent decree in terms of the compromise as set out in the application filed under Order XXIII Rule 3 r/w Section 151 of CPC.

The parties, who are present before the Court have been identified by their respective counsel. The parties have put their signatures on each page of the compromise petition. Even the counsels representing the parties have affixed their signatures. The terms of the compromise petition read as under :-

"MEMORANDUM OF COMPROMISE UNDER ORDER XXIII RULE 3 OF THE CODE OF CIVIL PROCEDURE, 1908:

The LR's of Appellant and the Respondent above named humbly

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submits as follows:-

(1) The parties to the above appeal have settled their claim amicably. That the parties hereto at the advice of the friends and well-wishers have settled the above dispute on the following terms.

(2) The appellant has agreed to pay a sum of Rs.73,00,000/-[Rupees Seventy Three Lakhs only] by way of Demand draft dated: 04/06/2026, bearing No. 008116, drawn on Kotak Mahindra Bank, Sahakarnagar Branch, Bengaluru in the name of the respondent i.e., H. Madhuri, in full and final satisfaction of all claims in O.S. No. 4631/2014 on the file of the XIX Additional City Civil and Sessions Judge, Bengaluru, and the respondent has also received the said amount in full and final satisfaction of all claims against the Appellants.

(3) Both the parties have no claims against each other in respect of the decretal amount.

(4) The parties have also no claims against each other in respect of the agreement of sale and the liabilities arising out of the said agreement of sale or claims in O.S. No. 4631/2014 in any manner and they are completely discharged against each other with the liabilities.

THEREFORE, the above appeal may be disposed off in terms of the above compromise entered into by the Appellants and the Respondent, and the Appellants humbly pray that this Hon'ble Court may kindly be pleased to refund the entire court fee to 1st LR of the

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NC: 2026:KHC:32566-DB RFA No. 1464 of 2017

HC-KAR

Appellant i.e., Meenakshi S. P. in the above appeal, since the matter is compromised between the parties amicably."

The parties present before the Court state that they have entered into the terms of compromise as stated in the compromise petition on their free will, without any force/coercion or undue influence.

Let a consent decree be passed in terms of the compromise.

If the appellants are entitled for refund of the Court fee, registry to refund the same in accordance with law and relevant rules.

Sd/(D K SINGH) JUDGE

Sd/(T.M.NADAF) JUDGE

NG CT: SN List No.: 1 Sl No.: 13