Sri. Vemana v. Sri. K. N. Raju

Order dated

22.07.2024.

¶3The 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.

¶4The 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.

¶5The 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.

¶6The 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.

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

¶3The learned counsel appearing on both sides submit that the parties are ready to abide by the settlement as arrived at.

¶4The submissions are recorded.

¶5The matter is disposed of in terms of the agreement entered into between the parties.

¶6The eligible Court fee paid shall be refunded to the appellant on proper identification.

¶7Further, 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

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.

¶8Interest if any, accrued on the said deposit shall also be released to the respective respondents.

¶9Pending Interlocutory Applications shall stand disposed of.

Sd/- (ANU SIVARAMAN) JUDGE

Sd/- (TARA VITASTA GANJU) JUDGE

YKL List No.: 1 Sl No.: 31

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD 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, 5TH CROSS, 7TH BLOCK (WEST), JAYANAGAR, WEST OF KANAKAPURA ROAD, BENGALURU-560 082. ALSO AT MOK, 152, 9TH CROSS, LALBAGH FORT ROAD, DODDA MAVALLI, BENGALURU-560 004. …APPELLANT (BY SRI. LEKHA.G.D., ADVOCATE FOR SMT. KAVITHA DAMODARAN., ADVOCATE) AND: 1. SRI. K.N.RAJU S/O LATE G.NARAYANAPPA, AGED ABOUT 70 YEARS, 2. SMT. P.SHANTHA W/O SHRI.K.N.RAJU, AGED ABOUT 60 YEARS, RESPONDENTS NO.1 AND 2 ARE R/AT NO.2842, 1ST FLOOR, Location: HIGH COURT OF KARNTAKA NC:(2026:KHC:12903-DB( RFA(No.(1494(of(2024( ( , ,,HC-KAR( ( ( SWATHI,NILAYA,, TH TH17 ,CROSS,,4 ,MAIN,, NDBANASHANKARI,,2 ,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., , , 2., 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, 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