Sri S K Chand Basha v. Sri K Taj

NC:(2026:KHC:15810-DB( RFA(No.(2046(of(2022( ( , ,,HC-KAR( ( ( IN(THE(HIGH(COURT(OF(KARNATAKA(AT(BENGALURU( THDATED(THIS(THE(17 (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.2046(OF(2022((MON)( ( BETWEEN:(( ( SRI,S,K,CHAND,BASHA,

SON,OF,LATE,ABDUL,RAWOOF,

AGED,ABOUT,65,YEARS,

RESIDING,AT,NO.1/10,

CHAND,VILLA,

MOUNTAIN,ROAD,

1ST,BLOCK,

JAYANAGAR,

Digitally BENGALURU-560,011., signedtiby …APPELLANT,RAKSHA Location: (BY,SRI.,AJIT,P.,B.,,ADVOCATE), High0Court of0Karnataka , AND:( ( SRI,K,TAJ, SON,OF,LATE,KHUDDUS,SAHEB, AGED,ABOUT,47,YEARS, RESIDING,AT,,NO.87,, TH4 ,CROSS, NC:(2026:KHC:15810-DB( RFA(No.(2046(of(2022( ( , ,,HC-KAR( ( ( WILLIAMS,TOWN, BANGALORE-560,046., , …RESPONDENT, (BY,SRI.,RAGHUNATH,M.,D.,,ADVOCATE), , , THIS, RFA, IS, FILED, UNDER, SECTION, 96, OF, CPC.,, AGAINST, THE, JUDGMENT, AND, DECREE, DATED, 08.08.2022, PASSED, IN, OS.No.25599/2009, ON, THE, FILE, OF, THE, XIII, ADDITIONAL, CITY, CIVIL, AND, SESSIONS, JUDGE,, MAYOHALL, UNIT, (CCH-22),, BANGALORE,, PARTLY, DECREEING, THE, SUIT, FOR,RECOVERY,OF,MONEY,AND,INJUNCTION., , , THIS, APPEAL,, COMING, ON, FOR, ORDERS,, THIS, DAY,, JUDGMENT,WAS,DELIVERED,THEREIN,AS,UNDER:, , CORAM:, HON'BLE,MRS.,JUSTICE,ANU,SIVARAMAN, and,, HON'BLE,MS.,JUSTICE,TARA,VITASTA,GANJU, ,

ORAL JUDGMENT

(PER: HON'BLE MRS. JUSTICE ANU SIVARAMAN)

This appeal is filed challenging the judgment and decree dated 08.08.2022 passed by XIII Additional City Civil and Sessions Judge, Mayohall Unit, Bengaluru(CCH-22) in O.S.No.25599/2009.

¶2We have heard Shri. Ajit P.B., learned counsel appearing for the appellant and Shri. Raghunath M.D., learned counsel appearing for the respondent.

¶3It is submitted by the learned counsel appearing on either side that the dispute between the parties has been settled through mediation and that the memorandum of settlement has been entered into, which has been duly signed by the parties.

¶4The parties are present before the Court and they are identified by their respective counsels.

¶5The terms of the memorandum of settlement reads as under:- "1. Both the parties submit that both parties have agreed to amicably settle the dispute taking into

consideration the duration of the litigation with uncertainty of the result and the litigation expenses.

¶2The Appellant/Defendant has agreed to pay a sum of Rs.19,50,000/- (Rupees Nineteen Lakh Fifty Thousand Only) as full and final settlement of all the claims made by the Respondent/Plaintiff inclusive of court cost and interest up to date. And he has already paid a sum of Rs.18,00,000/- (Eighteen Lakhs Only). The Respondent/Plaintiff has acknowledged the receipt of the said sum. The Appellant/Defendant has agreed to pay the balance amount of Rs.1,50,000/- (One Lakh Fifty Thousand Only) before the Court at the time of reporting settlement.

¶3The Respondent/Plaintiff does not have any claim against the Appellant/Defendant apart from the amount aforementioned. Both the parties state that they have entered in to this agreement on their own and there is no coercion or force from any one.

¶4In view of the settlement arrived at, the parties pray that the Court fee paid on the memorandum of appeal be refunded to the appellant/Defendant for which the Respondent/Plaintiff has no objection."

¶6It is submitted that the appeal can be disposed of in terms of the settlement arrived at between the parties.

¶7The settlement arrived at is taken on record. Accordingly, the RFA is disposed of.

¶8The Registry shall draw up decree in terms of the memorandum of settlement and shall refund the eligible Court fee to the appellant on proper identification.

Sd/- (ANU SIVARAMAN) JUDGE

Sd/- (TARA VITASTA GANJU) JUDGE

RAK List No.: 3 Sl No.: 17