- 1 - NC: 2024:KHC:38934 RFA No. 1400 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF SEPTEMBER, 2024 BEFORE THE HON'BLE MR JUSTICE UMESH M ADIGA REGULAR FIRST APPEAL NO. 1400 OF 2019 (MON) BETWEEN: MR. FELIX MORAS, S/O. JACOB MORAS, AGED ABOUT 54 YEARS, RESIDING AT: D.NO.7/83/2, ”KANKANADY GUTHU”, KANKANADY POST, MANGALURU – 575 002. …APPELLANT (BY SRI. AMRUTHESH C., ADVOCATE) AND: 1. MR. CLARENCE PAIS, S/O LATE L.C.PAIS, AGED ABOUT 91 YEARS, ADVOCATE AND NOTARY PUBLIC 2. MR. PETER VINOD PAIS, SON OF CLARENCE PAIS, AGED ABOUT 60 YEARS, BOTH RESPONDENT NO.1 AND 2 ARE RESIDING AT LAW CHAMBERS, LIGHT HOUSE HILL, MANGALURU - 575 001. …RESPONDENTS (BY SMT. DESIREE PAIS, ADVOCATE FOR R1 AND R2) THIS RFA IS FILED UNDER ORDER XLI RULE 1 AND 2 R/W SEC.96 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 26.03.2019 PASSED IN OS.NO.239/2017 ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE AND CJM, MANGALURU D.K., DECREEING THE SUIT FOR RECOVERY OF MONEY. Digitally signed by KORLAHALLI BHARATHIDEVIKRISHNACHARYA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2024:KHC:38934 RFA No. 1400 of 2019 THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE UMESH M ADIGA ORAL JUDGMENT Appellant is physically present and respondent has appeared through video conferencing. Advocates for both side parties are present and identified their respective parties. 2. Both the parties accepted the contents of the memorandum of agreement entered into between the parties before the Mediator. According to the mediation, the appellant agreed to pay a sum of Rs.7,52,132/- on or before 30.11.2024. Both side parties as well as their respective counsel have signed on the said agreement. 3. The compromise is legal and valid and appears to be voluntary. Hence, accepted. Appeal is disposed of in terms of compromise petition. 4. Since the matter is settled between the parties, entire court fee paid in this appeal shall be refunded to the appellant in accordance with law. - 3 - NC: 2024:KHC:38934 RFA No. 1400 of 2019 5. The amount kept in fixed deposit towards security for withdrawing the amount by the respondent is ordered to be paid to respondent on due identification. Learned counsel for the appellant has no objection to refund the same. Draw decree accordingly. Sd/- (UMESH M ADIGA) JUDGE AG List No.: 1 Sl No.: 10