Full Judgment Text
- 1 -
NC: 2026:KHC:15810-DB
RFA No. 2046 of 2022
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
TH
DATED 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
signed by
RAKSHA
Location:
High Court
of Karnataka
BENGALURU-560 011.
…APPELLANT
(BY SRI. AJIT P. B., ADVOCATE)
AND:
SRI K TAJ
SON OF LATE KHUDDUS SAHEB
AGED ABOUT 47 YEARS
RESIDING AT NO.87
TH
4 CROSS
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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
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NC: 2026:KHC:15810-DB
RFA No. 2046 of 2022
HC-KAR
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.
2. We have heard Shri. Ajit P.B., learned counsel
appearing for the appellant and Shri. Raghunath M.D., learned
counsel appearing for the respondent.
3. It 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.
4. The parties are present before the Court and they
are identified by their respective counsels.
5. The 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
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NC: 2026:KHC:15810-DB
RFA No. 2046 of 2022
HC-KAR
consideration the duration of the litigation with
uncertainty of the result and the litigation expenses.
2. The 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.
3. The 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.
4. In 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."
6. It is submitted that the appeal can be disposed of in
terms of the settlement arrived at between the parties.
7. The settlement arrived at is taken on record.
Accordingly, the RFA is disposed of .
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NC: 2026:KHC:15810-DB
RFA No. 2046 of 2022
HC-KAR
8. The 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
NC: 2026:KHC:15810-DB
RFA No. 2046 of 2022
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
TH
DATED 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
signed by
RAKSHA
Location:
High Court
of Karnataka
BENGALURU-560 011.
…APPELLANT
(BY SRI. AJIT P. B., ADVOCATE)
AND:
SRI K TAJ
SON OF LATE KHUDDUS SAHEB
AGED ABOUT 47 YEARS
RESIDING AT NO.87
TH
4 CROSS
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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
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NC: 2026:KHC:15810-DB
RFA No. 2046 of 2022
HC-KAR
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.
2. We have heard Shri. Ajit P.B., learned counsel
appearing for the appellant and Shri. Raghunath M.D., learned
counsel appearing for the respondent.
3. It 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.
4. The parties are present before the Court and they
are identified by their respective counsels.
5. The 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
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NC: 2026:KHC:15810-DB
RFA No. 2046 of 2022
HC-KAR
consideration the duration of the litigation with
uncertainty of the result and the litigation expenses.
2. The 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.
3. The 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.
4. In 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."
6. It is submitted that the appeal can be disposed of in
terms of the settlement arrived at between the parties.
7. The settlement arrived at is taken on record.
Accordingly, the RFA is disposed of .
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NC: 2026:KHC:15810-DB
RFA No. 2046 of 2022
HC-KAR
8. The 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