Dismissed

Gokulan K v. G Angu @ Anguswamy

Karnataka HC13 Mar 2026RFA/2693/2024

Case brief

AI extract

What is this about?

The High Court of Karnataka disposed of a regular first appeal filed under Section 96 CPC against an order for money recovery. The Court upheld the settlement reached during mediation pursuant to Section 89 CPC and ordered the appeal dismissed in terms of the compromise.

What did the court decide?

Appeal disposed of in terms of the memorandum of settlement; decree drawn reflecting the settlement sum; court fees refunded.

Gokulan K Vs G Angu @ Anguswamy — Civil Procedure and Limitation | Karnataka HC (2026)

¶1

NC: 2026:KHC:15074 RFA No. 2693 of 2024

¶2

¶3

HC-KAR

¶4

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13^TH DAY OF MARCH, 2026

¶5

BEFORE

¶6

THE HON'BLE MR. JUSTICE R. NATARAJ REGULAR FIRST APPEAL NO. 2693 OF 2024 (MON)

¶7

BETWEEN:

¶8

Digitally signed by SUMA Location: HIGH COURT OF KARNATAKA

¶9

GOKULAN K S/O. KRISHNA YADAVA, AGED ABOUT 66 YEARS, R/AT NO.33, 1^ST FLOOR, 10^TH CROSS, PIPELINE, VIJAYANAGARA, BENGALURU-560040. AND ALSO AT G.K. ENGINEERING, NO.21, 7^TH CROSS, PATEL CHENAPPA INDUSTRIAL ESTATE, HEGANAHALLI, PEENYA 2^ND STAGE, PEENYA INDUSTRIAL AREA, BENGALURU-560 091. G.K. ENGINEERING, NO.B-192, 5^TH MAIN ROAD, PEENYA 2^ND STAGE, PEENYA INDUSTRIAL AREA, BENGALURU-560 058. "BALAJI NILAYA" SRI LAKSHMI VENKATESHWARA, NO.230/1-C, 5^TH MAIN ROAD, SERVICE ROAD, PEENYA 2^ND STAGE, PEENYA INDUSTRIAL AREA, BENGALURU-560 058. (BY SRI. MAHESH KUMAR H., ADVOCATE)

¶10

…APPELLANT

¶11

2 - NC: 2026:KHC:15074 RFA No. 2693 of 2024

¶12

HC-KAR

¶13

AND:

¶14

G. ANGU @ ANGUSWAMY S/O. GOVINDAN, AGED 59 YEARS, HAVING ITS OFFICE NO.34, 10^TH CROSS, PIPELINE, VIJAYANAGARA, BENGALURU-560 023

¶15

…RESPONDENT

¶16

(BY SRI. NIKHIL P., ADVOCATE)

¶17

THIS RFA IS FILED UNDER SECTION 96 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 31.08.2024 PASSED IN OS.NO.5405/2021 ON THE FILE OF THE XII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU CITY, PARTLY DECREEING THE SUIT FOR RECOVERY OF MONEY.

¶18

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

¶19

ORAL JUDGMENT

¶20

This appeal is filed challenging the judgment and decree dated 31.08.2024 passed by the XII Additional City Civil Judge, Bengaluru in O.S No.5405/2021.

¶21

This appeal was referred for mediation, where the parties have settled the dispute and they have filed a memorandum of settlement under Section 89 of CPC read with Rules 24 and 25 of the Karnataka Civil Procedure (Mediation) Rules, 2005, the relevant terms of which reads as follows:

¶22

¶23

NC: 2026:KHC:15074 RFA No. 2693 of 2024

¶24

HC-KAR

¶25

"I. The appellant has filed the above Regular First Appeal challenging the Judgment and Decree dated:31.08.2024 passed in O.S. 5405/2021 on the file of the XII Addl. City Civil and Sessions Judge, Bangalore City, decreeing for payment of Rs.3,00,000/(Rupees three lakhs only) along with interest at 9 % p.a. and Rs. 41,427/- (Rupees forty one thousand four hundred and twenty seven) towards the cost of the suit.

¶26

II. The above Regular First Appeal has been referred to mediation and in the course of mediation, both the learned counsels for the parties and the appellant and the respondent appeared before the Mediator, Karnataka Mediation Centre and both the parties resolved their disputes and have agreed to the following terms and conditions:-

¶27

(i) The Appellant has paid the Respondent a total sum of Rs. 2,50,000/- (Rupees two lakhs fifty thousand only ) by way of cash and the Respondent admits that he has received a sum of Rs. 2,50,000/- (Rupees two lakhs fifty thousand only) by way of cash in lieu of the entire suit claim.

¶28

(ii) The Respondents has no objection to the Appellant withdrawing the court fees deposited by the Appellant at the time of filing of the above mentioned Revised First Appeal.

¶29

4 - NC: 2026:KHC:15074 RFA No. 2693 of 2024

¶30

HC-KAR

¶31

(iii) The Respondent herein agrees that the he shall not claim any further with regard to the said transaction as this shall be towards the full and final settlement of the entire suit claim

¶32

III. In view of resolving of the disputes between the appellant and the respondents herein by the above, the parties most respectfully pray that this Hon'ble Court may be pleased to dispose of the above appeal in terms of the above settlement arrived at and draw the decree in terms of the above memorandum of settlement."

¶33

In view of the above, this appeal stands disposed of in terms of the memorandum of settlement.

¶34

Office is directed to draw a decree in terms of the settlement. The Court fee shall be refunded as per the judgment of the Apex Court in the case of High Court of

¶35

Judicature at Madras v. M.C.Subramaniam (AIR 2021 SC

¶36

2662) .

¶37

Sd/(R. NATARAJ) JUDGE

¶38

¶39

List No.: 1 Sl No.: 12

Gokulan K v. G Angu @ Anguswamy

Case brief

What is this about?

What did the court decide?

Gokulan K v. G Angu @ Anguswamy

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Sri v Ananda Vs Smt. Sachi Agarwal

N. Chaithanya Vs Smt. Lakshmamma

Dr M S Dinakar Vs Hennur Banaswadi Cosmopolitan Club (Regd)

Sannamma Vs H Annappa @ Annappashetty

Gokulan K Vs G Angu @ Anguswamy

The Commissioner Vs Sri. S. Durgaprasad