Smt Kamalamma Vs Mohan Kumar B S — Karnataka HC (2026) — LawSathi Research

Smt Kamalamma Vs Mohan Kumar B S — Karnataka HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Appeal disposed of in terms of the Memorandum of Settlement; judgment and decree under challenge modified per the settlement; settlement terms made part of the decree and enforceable; Registry directed to refund court fee to the appellant if permissible; lien over bond Ex.P.3 discharged.

Issue for consideration

Whether the Memorandum of Settlement arrived at in mediation should be accepted and the appeal against the money decree disposed of in terms thereof.

Court's answer

The Court recorded its satisfaction that the settlement was entered into voluntarily, was lawful, and effectively resolved the entire dispute, and accordingly took the Memorandum of Settlement on record and accepted it.

Ratio / Principle

The appeal stands disposed of in terms of the Memorandum of Settlement entered into between the parties before the Mediation Centre.

Key takeaways

The judgment and decree under challenge stand modified in terms of the settlement.ratio¶40
The terms and conditions of the Memorandum of Settlement form part and parcel of the decree and are enforceable as such.ratio¶45
The Registry is directed to refund the court fee to the appellant, if permissible, in accordance with law.ratio

Detailed headnote1 paragraphs

Regular First Appeal (MON) under S.96 CPC filed by defendant No.1 (Smt. Kamalamma) against the judgment and decree dated 30.10.2025 in O.S. No.4416/2023 of the C/C. XLIII Additional City Civil and Sessions Judge, Bengaluru, partly decreeing a suit for recovery of money. At the request and with the consent of counsel, the appeal was referred to the Mediation Centre under S.89 CPC. The parties executed a Memorandum of Settlement under which the defendant agreed to pay Rs.3,00,000/- (Rupees Three Lakhs) towards full and final settlement, paid by Demand Draft No.700317 and acknowledged by the plaintiff. Holding the settlement voluntary and lawful and effective to resolve the entire dispute, the Court took the Memorandum on record and accepted it, disposed of the appeal in its terms, modified the judgment and decree under challenge, made the settlement terms part and parcel of the decree and enforceable as such, directed the Registry to refund the court fee to the appellant if permissible, and discharged the lien, if any, over the bond marked as Ex.P.3.

NC: 2026:KHC:9345 RFA No. 2711 of 2025

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HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 12^TH DAY OF FEBRUARY, 2026

BEFORE

THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM REGULAR FIRST APPEAL NO. 2711 OF 2025 (MON)

BETWEEN:

SMT. KAMALAMMA, W/O RENUKAIAH, AGED ABOUT 56 YEARS, R/AT GANDSI HOBLI, KENKERE POST AND VILLAGE, ARASIKERE TALUK, HASSAN DISTRICT - 573 121.

…APPELLANT

(BY SRI. RAVI H K., ADVOCATE)

AND:

Digitally signed by SHARADAVANI B Location: High Court of Karnataka

MOHAN KUMAR B.S., S/O SIDDEGOWDA, AGED ABOUT 32 YEARS, NO.85, BBMP ROAD, KALABYRAWESHWAR NAGAR, THIPPENAHALLI, DODDABIDARAKALLU, BENGALURU - 560 073.

THE DIRECTORATE OF POSTAL LIFE INSURANCE, CHANAKYAPURI P.O. COMPLEX, 1^ST FLOOR, NEW DELHI - 110 021.

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THE CHIEF POST MASTER, POSTAL LIFE INSURANCE, CPC, RAJAJINAGAR HEAD POST OFFICE, BENGALURU - 560 010.

THE CHIEF POSTMASTER, PLI, BENGALURU GPO, BENGALURU - 560 001.

…RESPONDENTS

(BY SRI.S.K.KALLEGOWDA, ADVOCATE FOR C/R1; SRI.UNNIKRISHNAN M., ADVOCATE FOR R2 TO R4)

THIS RFA IS FILED U/S. 96 OF CPC AGAINST THE JUDGMENT AND DECREE DATED 30.10.2025 PASSED IN OS NO. 4416/2023 ON THE FILE OF THE C/C. XLIII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU, 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 SACHIN SHANKAR MAGADUM

ORAL JUDGMENT

The captioned appeal is by defendant No.1 assailing

the money decree.

At the request of the learned counsel appearing

for the respective parties and with their consent, the matter was referred to the Mediation Centre in exercise of powers under Section 89 of the Code of Civil Procedure,

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Pursuant to such reference, both parties appeared before the learned Mediator and, after deliberations, have amicably resolved the dispute. A Memorandum of Settlement duly signed by the parties and their respective counsel has been drawn in terms of Section 89 CPC read with the relevant Mediation Rules. The said Memorandum of Settlement has been placed before this Court for appropriate orders.

On perusal of the terms of settlement, it is evident that the parties have voluntarily and without any coercion agreed to bring the litigation to a quietus. The defendant has agreed to pay a sum of `3,00,000/- (Rupees Three Lakhs only) towards full and final settlement of all claims arising out of the subject matter of the appeal. It is specifically recorded in the Memorandum of Settlement that the said amount has been paid by way of Demand Draft bearing No.700317 and that the plaintiff has acknowledged receipt of the same in full satisfaction of his claim. In view of the said acknowledgment and the

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comprehensive settlement arrived at between the parties, nothing further survives for adjudication in the present appeal.

This Court is satisfied that the settlement has been entered into voluntarily, that it is lawful, and that it effectively resolves the entire dispute between the parties. Accordingly, the Memorandum of Settlement is taken on record and accepted.

In view of the above, this Court proceeds to pass the following:

ORDER

i. The appeal stands disposed of in terms of the Memorandum of Settlement entered into between the parties before the Mediation Centre.

ii. The judgment and decree under challenge stand modified in terms of the said settlement.

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NC: 2026:KHC:9345 RFA No. 2711 of 2025

HC-KAR

iii. The terms and conditions incorporated in

the Memorandum of Settlement shall form part and parcel of this decree and shall be enforceable as such.

iv. The Registry is directed to refund the court fee to the appellant, if permissible, in accordance with law.

v. In view of the settlement and full satisfaction of the claim, the lien, if any, over the bond marked as Ex.P.3 stands discharged.

vi. Draw decree accordingly.

Sd/(SACHIN SHANKAR MAGADUM) JUDGE

HDK

List No.: 1 Sl No.: 32