Money-decree appeal settled out of court; appellants to pay a further twenty lakhs by two postdated cheques atop fifty-nine lakhs already paid, and the High Court disposed of the appeal recording the compromise and decreeing accordingly.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
NC: 2026:KHC:12076-DB RFA No. 1709 of 2015
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF FEBRUARY, 2026
PRESENT
THE HON'BLE MR. JUSTICE D K SINGH AND
THE HON'BLE MR. JUSTICE S RACHAIAH REGULAR FIRST APPEAL NO. 1709 OF 2015 (MON)
BETWEEN:
Digitally signed by SREEDHARAN BANGALORE SUSHMA LAKSHMI Location: High Court of Karnataka
…APPELLANTS
(BY SRI. A SAMPATH, ADVOCATE)
HC-KAR
AND:
…RESPONDENTS
(BY SRI. T P VIVEKANANDA, ADVOCATE FOR R1; R2 IS SERVED AND UNREPRESENTED)
THIS RFA IS FILED UNDER SEC.96 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 19.06.2015 PASSED IN O.S NO.5346/2013 ON THE FILE OF THE VII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU (CCH NO.19), AND ETC.,
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 S RACHAIAH
NC: 2026:KHC:12076-DB RFA No. 1709 of 2015
HC-KAR
ORAL JUDGMENT
(PER: HON'BLE MR. JUSTICE D K SINGH)
/ defendant Nos.1 and 2, impugning the judgment and decree dated 19.06.2015 passed by the learned VII Additional City Civil and Sessions Judge, Bengaluru in O.S.No.5346/2013 instituted by the respondent No.1/ plaintiff.
“APPLICATION UNDER ORDER 23 RULE 3 OF CODE OF CIVIL PROCEDURE
The parties to the above appeal most humbly submit as follows:
NC: 2026:KHC:12076-DB RFA No. 1709 of 2015
HC-KAR
1. Respondent No.1 filed a suit in O.S.No.5346/2013 against the Appellants and Respondent No.2, for recovery of Rs . 1,11,87,078/-(One Crore Eleven Lakhs Eighty Seven Thousand Seventy Eight Rupees) along with 18% interest p.a. The suit filed by Respondent No.1 came to be decreed in terms of Judgement and Decree dated 19.06.2015. The Appellants have filed this appeal being aggrieved by the Judgement and Decree passed in O.S.No.5346/2013.
2. Appellant No.2, Mr. S Kannayalal, has deposited a sum of Rs.59,00,000/- (Fifty Nine Lakhs) in compliance with the order of this Hon'ble Court on 22.06.2016. The said amount is already released in favour of Respondent No.1.
3. At the instance of the well-wishers and friends, Appellant No.2 and Respondent No.1 have amicably settled the dispute.
4. The Respondent No.1 has agreed to receive a further sum of Rs.20,00,000/- (Twenty Lakhs) as full and final settlement of all its claims in terms of the Decree passed in O.S.No.5346/2013 and Appellant No.2 has agreed to pay the said sum in the manner detailed below. With this, Respondent No.1 will get totally Rs.79,00,000/- (Rupees Seventy Nine Lakhs) in full and final settlement of all its claim in terms of the Decree passed in O.S.No.5346/2013.
5. Appellant No.2 has handed over 2 (two) postdated cheques as detailed below:
HC-KAR
A) Cheque No.086411 dated 15.04.2026 drawn on the ICICI Bank, Jayanagar 7th Block Branch for an amount of Rs.10,00,000/- (Rupees Ten Lakhs Only).
B) Cheque No.086412 dated 30.04.2026 drawn on the ICICI Bank, Jayanagar 7th Block Branch for an amount of Rs.10,00,000/- (Rupees Ten Lakhs Only).
6. Appellant No.2 undertakes to honour the above detailed cheques without fail. In the event the above referred cheques are dishonoured, then the Respondent will be entitled to recover the entire suit claim as per the Decree.
7. In view of the settlement arrived as detailed above and upon recipe of Rs.20,00,000 (Rupees Twenty Lakhs), in the manner detailed above the entire claim of Respondent No.1 arising out of Judgement and Decree in O.S.No.5346/2013 shall be fully and finally satisfied.
8. In view of the fact that the entire amount of Rs.59,00,000/-(Rupees Fifty Nine Lakhs) and Rs.20,00,000 (Rupees Twenty Lakhs) totally Rs.79,00,000/- (Rupees Seventy Nine Lakhs), having been paid by the 2nd Appellant to Respondent No.1, Appellant No.2 humbly prays that this Hon'ble Court may be pleased to order for refund of the entire court fee to Appellant No.2.
HC-KAR
WHEREFORE, the parties most humbly pray that this Hon'ble Court maybe pleased to dispose this appeal in terms of the compromise, so as to meet the ends of justice and equity.”
the cheques handed over to the respondents would get bounced and each and every cheque would be honoured.
and not honoured, the appellants will face the criminal contempt in this case.
Pending applications, if any, do not survive for consideration and the same are disposed of.
Sd/(D K SINGH) JUDGE
Sd/(S RACHAIAH) JUDGE
UN, List No.: 1 Sl No.: 5
1 issue framed by the court
Whether the appeal could be disposed of in terms of the parties' compromise under Order 23 Rule 3 CPC.
2 provisions across 1 enactments
M/S SKL Hotels Pvt Ltd
Sri. S. Kanaiyalal
M/S Gina Engineering Company Pvt. Ltd.
Mr. S R Ramesh
D K SINGH
S RACHAIAH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
