Smt Divya Krupa M R Vs M/S S K Enterprises

SMT.DIVYA KRUPA M.R D/O M.C.RANGARAJ AGED ABOUT 54 YEARS R/AT NO.4, GROUND FLOOR PARAMASHIVAIAH BUILDING 1^ST MAIN, K.B LAYOUT BEHIND NORTH WIND BAR & DINE PALACE GUTTAHALLI BENGALURU-560003

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Digitally signed by CHAITHRA A Location: HIGH COURT OF KARNATAKA

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ALSO AT No.13/1, NAGAPPA STREET SHESHADRIPURAM MAIN COLLEGE SHESHADRIPURAM BENGALURU - 560058

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…APPELLANT

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(BY SRI.SHAHIDA KHANAM J, ADVOCATE)

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AND:

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M/S S.K.ENTERPRISES REP BY ITS PROPRIETOR SRI.Y.G.SHIVAKUMAR S/O LATE GURUSIDDAPPA AGED ABOUT 42 YEARS OFFICE SITUATED AT NO.2

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2 - NC: 2026:KHC:3741 RFA No. 1606 of 2025

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HC-KAR

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3^RD CROSS, SRS ROAD PEENYA BENGALURU-560058

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…RESPONDENT

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(BY SRI.SATHISH V, ADVOCATE)

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THIS RFA IS FILED UNDER SECTION 96 OF CPC AGAINST THE JUDGMENT AND DECREE DATED 02.04.2025 PASSED IN OS.NO.3966/2021 ON THE FILE OF THE XXIV ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU, DECREEING THE SUIT FOR RECOVERY OF MONEY AND ETC.

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THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM

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ORAL JUDGMENT

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The captioned appeal is filed by the appellant - defendant assailing the money decree dated 02.04.2025 passed in O.S.No.3966/2021 on the file of the XXIV Additional City Civil and Sessions Judge at Bengaluru (CCH-6).

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Today, a joint compromise petition is filed under

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Order XXIII Rule 3 of the Code of Civil Procedure. In terms of the compromise, the parties have amicably

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NC: 2026:KHC:3741 RFA No. 1606 of 2025

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HC-KAR

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resolved their dispute. The appellant–defendant and the respondent–plaintiff have agreed to settle the matter for a total consideration of Rs.10,50,000/-.

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As per the terms of the joint compromise petition, a sum of Rs.3,50,000/- has already been deposited before this Court. A further sum of Rs.2,00,000/- is paid today in open Court to the respondent–plaintiff. The balance amount of Rs.5,00,000/- is agreed to be paid on or before 30.04.2026, strictly through bank transfer or cheque.

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In view of the settlement, the respondent– plaintiff, who is present before this Court, acknowledges the compromise. On enquiry, he admits having received a

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sum of Rs.2,00,000/- in cash today and expresses no objection. He further acknowledges and accepts the clause granting time to the appellant–defendant till 30.04.2026 to pay the balance amount of Rs.5,00,000/-. The appellant–

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defendant has no objection to the release of the sum of Rs.3,50,000/- deposited before this Court pursuant to the

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4 -

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NC: 2026:KHC:3741 RFA No. 1606 of 2025

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HC-KAR

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order dated 07.11.2025, which amount was deposited on

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15.12.2025.

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In view of the amicable settlement arrived at

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between the parties, this Court is of the opinion that the compromise is lawful and voluntary.

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For the foregoing reasons, this Court proceeds to pass the following;

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ORDER

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(i) The joint compromise petition is admitted and recorded. The decree under challenge stands modified in terms of the joint compromise petition. The compromise petition shall form part and parcel of the decree.

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(ii) The Registry is directed to draw a fresh decree in terms of the joint compromise petition.

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(iii) In view of the settlement, the Registry is directed to forthwith release the

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5 -

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NC: 2026:KHC:3741 RFA No. 1606 of 2025

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HC-KAR

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sum of Rs.3,50,000/- in favour of the respondent–plaintiff after securing proper identification.

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(iv) In view of the settlement, the Registry is further directed to refund the court fee to the appellant–defendant in accordance with law.

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(v) The Registry shall also examine whether the court fee paid by the plaintiff at the time of registration of the plaint is liable to be refunded under Section 66(2)(c) of the Karnataka Court Fees and Suits Valuation Act, 1958. If an application seeking refund is filed, the Registry shall consider the same in accordance with Section 66(2)(c) of the said Act.

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(vi) The petition stands disposed of in terms of the joint compromise petition.

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SD/(SACHIN SHANKAR MAGADUM) JUDGE

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NBM

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List No.: 1 Sl No.: 12

Smt Divya Krupa M R v. M/S S K Enterprises

Case brief

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Smt Divya Krupa M R v. M/S S K Enterprises

Case brief

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