Sri. Vemana Vs Sri. K. N. Raju — Karnataka HC (2026) — LawSathi Research

Sri. Vemana Vs Sri. K. N. Raju — Karnataka HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Appeal disposed of in terms of the mediation settlement: appellant to pay respondents an aggregate Rs.71,00,000 against all claims; Rs.31,66,779 deposited in this appeal to be released equally to the respondents and Rs.2,55,000 deposited in WP No.4927/2020 to be released to the first respondent, in each case with accrued interest; balance Rs.36,78,221 payable in three installments (on or before 28.02.2026, 30.03.2026 and 24.04.2026); eligible court fee refunded to the appellant; pending interlocutory applications disposed of.

Issue for consideration

Whether the judgment and decree dated 05.03.2024 in O.S. No.8037/2019 (VII Additional City Civil and Sessions Judge, Bengaluru), partly decreeing the suit for ejectment, calls for interference in this Regular First Appeal. +1 more

Court's answer

The appeal is disposed of in terms of the agreement (mediation settlement) entered into between the parties, the submissions of both sides having been recorded.

Ratio / Principle

The settlement placed on record records that the appellant shall pay the respondents an aggregate sum of Rs.71,00,000 against all claims made by the respondents against the appellant.

Key takeaways

The eligible court fee paid on the appeal shall be refunded to the appellant on proper identification.ratio¶54-55
The amount of Rs.2,55,000 in deposit in WP No.4927/2020 is to be released to the first respondent.ratio¶56
The amount of Rs.31,66,779 in deposit before this Court in this appeal is to be released equally to the respondents, and the registry is to do the needful.ratio

Detailed headnote1 paragraphs

Regular First Appeal (RFA No.1494 of 2024) under Sec.96 r/w Order 41 Rule 1 CPC against the judgment and decree dated 05.03.2024 of the VII Additional City Civil and Sessions Judge, Bengaluru (CCH-19) in O.S. No.8037/2019, whereby the suit for ejectment was partly decreed. The matter was referred to mediation; the parties settled, and the memorandum of settlement with the mediator's report was placed on record. Terms: appellant to pay respondents an aggregate Rs.71,00,000 against all claims; Rs.31,66,779 already deposited in the appeal (pursuant to Order dated 22.07.2024) to be released equally to the respondents, and Rs.2,55,000 deposited in WP No.4927/2020 to be released to the first respondent, in each case with accrued interest; balance Rs.36,78,221 payable in three installments on or before 28.02.2026, 30.03.2026 and 24.04.2026. Held: appeal disposed of in terms of the settlement; eligible court fee refunded to the appellant; pending interlocutory applications disposed of. Bench: Anu Sivaraman and Tara Vitasta Ganju JJ.; judgment per Anu Sivaraman J. No issue on merits was decided and no precedent was cited or discussed.

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NC: 2026:KHC:12903-DB RFA No. 1494 of 2024

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3^RD DAY OF MARCH, 2026

PRESENT

THE HON'BLE MRS. JUSTICE ANU SIVARAMAN AND

THE HON'BLE MS. JUSTICE TARA VITASTA GANJU REGULAR FIRST APPEAL NO. 1494 OF 2024 (RES)

BETWEEN:

SRI. VEMANA S/O LATE SRI.PUTTAIAH, AGED ABOUT 60 YEARS, R/AT NO.443-A, 5^TH CROSS, 7^TH BLOCK (WEST), JAYANAGAR, WEST OF KANAKAPURA ROAD, BENGALURU-560 082. ALSO AT MOK, 152, 9^TH CROSS, LALBAGH FORT ROAD, DODDA MAVALLI, BENGALURU-560 004.

…APPELLANT

(BY SRI. LEKHA.G.D., ADVOCATE FOR SMT. KAVITHA DAMODARAN., ADVOCATE)

Digitally signed by SUMATHY KANNAN Location: HIGH COURT OF KARNTAKA

AND:

SRI. K.N.RAJU S/O LATE G.NARAYANAPPA, AGED ABOUT 70 YEARS,

SMT. P.SHANTHA W/O SHRI.K.N.RAJU, AGED ABOUT 60 YEARS,

RESPONDENTS NO.1 AND 2 ARE R/AT NO.2842, 1^ST FLOOR,

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NC: 2026:KHC:12903-DB RFA No. 1494 of 2024

HC-KAR

SWATHI NILAYA, 17^TH CROSS, 4^TH MAIN, BANASHANKARI, 2^ND STAGE, BENGALURU-560 070.

…RESPONDENTS

(BY SRI. S.M.SREERAMA REDDY., ADVOCATE FOR R1 & R2)

THIS RFA IS FILED UNDER SEC.96 R/W ORDER 41 RULE 1 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 05.03.2024 PASSED IN OS NO.8037/2019 ON THE FILE OF VII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU, PARTLY DECREEING THE SUIT FOR EJECTMENT.

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

CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN

& HON'BLE MS. JUSTICE TARA VITASTA GANJU

ORAL JUDGMENT

(PER: HON'BLE MRS. JUSTICE ANU SIVARAMAN)

This appeal is filed against the Judgment and Decree dated 05.03.2024 passed by the Hon'ble VII Additional City Civil and Sessions Judge, Bengaluru (CCH-19) in O.S. No.8037/2019.

The matter was referred for mediation and the learned counsel appearing on either side submit that the dispute has been mediated and settled. The memorandum of settlement entered into between the parties in mediation is

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NC: 2026:KHC:12903-DB RFA No. 1494 of 2024

HC-KAR

placed on record along with a report of the mediator. The mediation settlement reads as follows:

“II. The aforesaid appeal was referred to mediation for resolving the dispute between the parties. In the course of mediation, the appellant and the respondent along with their respective counsels were present, identified each other and they have resolved their dispute and have agreed to the following terms and conditions:-

1. The Appellant and Respondents after multiple rounds of mediation and negotiation, agreed that the Appellant shall pay an aggregate sum of Rs. 71,00,000/- (Seventy One Lakh Only) to the Respondents against all claims made by the Respondents against the Appellant.

2. The Appellant has already deposited a sum of Rs. 31,66,779/-(Rupees Thirty One Lakh Sixty Six Thousand Seven Hundred and Seventy Nine Only) before the Hon'ble Court of Karnataka, Bengaluru in RFA 1494/2024, in compliance with the Order dated 22.07.2024.

3. The Appellant agrees that the Respondents can withdraw the sum of Rs. 31,66,779/- (Rupees Thirty One Lakh Sixty Six Thousand Seven Hundred and Seventy Nine Only) deposited by the Appellant before the Hon'ble High Court of Karnataka, Bengaluru, in RFA 1494/2024 and the Appellant shall cooperate to withdraw the said amount.

4. The Appellant agrees that the Respondents can withdraw the sum of Rs. 2,55,000/- (Rupees Two Lakh Fifty Five Thousand Only) deposited by the Appellant before the Hon'ble High Court of Karnataka, Bengaluru, in WP 4927/2020 (Vemana vs KN Raju& Anr) and the Appellant shall cooperate to withdraw the said amount.

5. The Appellant agrees and undertakes to pay the remaining sum of Rs. 36,78,221/- (Rupees Thirty Six Lakh Seventy Eight Thousand Two Hundred and Twenty One Only) in three installments from the date of signing this Agreement, in the following manner.

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6. The Admitted Liability shall be paid to the Respondents through 3 installments as herein below:-

a) Rs. 10,78,221/- (Rupees Ten Lakhs Seventy Eight Thousand Two Hundred and Twenty One Only) on or before 28.02.2026.

b) Rs. 13,00,000/- (Rupees Thirteen Lakhs Only) on or before 30.03.2026.

c) Rs. 13,00,000/- (Rupees Thirteen Lakh Only) on or before 24.04.2026.

7. Apart from the above they have no other claims against each other.”

The learned counsel appearing on both sides submit

that the parties are ready to abide by the settlement as arrived

at.

The submissions are recorded.

The matter is disposed of in terms of the

agreement entered into between the parties.

The eligible Court fee paid shall be refunded to the

appellant on proper identification.

Further, it is submitted by the learned counsel appearing for the respondent that the amount of Rs.2,55,000/(Rupees Two Lakh Fifty-five Thousand only) which is in deposit in WP No.4927/2020 may be released to the first respondent

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while the amount of Rs.31,66,779/- (Rupees Thirty-one Lakh Sixty-six Thousand Seven Hundred and Seventy-nine only) which is in deposit before this Court in this appeal may be released equally to the respondents herein. The registry shall do the needful.

Interest if any, accrued on the said deposit shall also be released to the respective respondents.

Pending Interlocutory Applications shall stand

disposed of.

Sd/(ANU SIVARAMAN) JUDGE

Sd/(TARA VITASTA GANJU) JUDGE

YKL List No.: 1 Sl No.: 31