- 1 - NC: 2025:KHC:13965-DB RFA No. 1592 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF APRIL, 2025 PRESENT THE HON'BLE MR JUSTICE K.SOMASHEKAR AND THE HON'BLE MR JUSTICE VENKATESH NAIK T REGULAR FIRST APPEAL NO. 1592 OF 2019 (POS) BETWEEN: V. C. SHIVAKUMAR AGED ABOUT 44 YEARS S/O. MR. V. CHINAPPA #15/1, 11TH MAIN, VASANTH NAGAR BENGALURU-560 052. …APPELLANT (BY SMT. SUNITHA H SINGH - ADVOCATE) AND: 1. MR. RAMESH BHAUWALA AGED ABOUT 59 YEARS SO OF RAM PRAKASH BHAUWALA RESIDING AT NO. 6 4TH CROSS, VASANTHNAGAR BENGALURU-560 052. 2. SRI. ANTHINY DAS AGED ABOUT 46 YEARS S/O LATE S LUIES R/AT NO.18, 1ST FLOOR 2ND MAIN, VASANTHNAGAR BENGALURU – 560 052. …RESPONDENTS (BY SMT. HARSHITHA – ADVOCATE FOR SRI. C M NAGABHUSHANA – ADVOCATE FOR RESPONDENT NO.1) Digitally signed by SUMATHY KANNAN Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:13965-DB RFA No. 1592 of 2019 THIS RFA FILED UNDER SECTION 96 OF THE CPC, PRAYING TO SET ASIDE THE JUDGMENT AND DECREE DATED 01.04.2019 PASSED IN O.S.NO.714/2017 ON THE FILE OF THE XII-ADDITIONAL CITY CIVIL AND SESSIONS JUDGE BENGALURU. THIS RFA, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE K.SOMASHEKAR AND HON'BLE MR JUSTICE VENKATESH NAIK T ORAL JUDGMENT (PER: HON'BLE MR JUSTICE K.SOMASHEKAR) This appeal is directed against the judgment and decree rendered by the XII Additional City Civil Judge, Bengaluru in O.S.No.714/2017 dated 01.04.2019. 2. Learned counsel Smt Sunitha.H.Singh for the appellant is present. Learned counsel Smt Harshita appears on behalf of Sri C.M.Nagabhushana, learned counsel who is on record for respondent No.1. - 3 - NC: 2025:KHC:13965-DB RFA No. 1592 of 2019 3. In this matter joint memo has been filed by the appellant and respondent No.1 on 25.11.2024. The said joint memo reads as under: 1. The appellant had filed the above appeal challenging the judgment and decree dated 01.04.2019 passed by the XII-Addl. City civil & sessions judge, Bengaluru, in O.S.No.714/2017 against the respondents. 2. The respondent No.1 has filed the petition, Execution Petition No.2095/2019, seeking enforce the judgment and decree dated 01.04.2019, passed by the XII-Addl. City Civil & Sessions Judge, Bengaluru, in O.S.No.714/2017 against the appellant. 3. The applicant and the respondent No.1 have settled amicably on the intervention of elders and well-wishers the disputes involved in the above appeal. 4. The appellant has agreed to pay a total sum of Rs.22,50,000/- (Twenty Two Lakhs Fifty Thousand Only) and the respondent No.1 has agreed to receive the same towards all his claims whatsoever in lieu of all his claims in the suit O.S.No.714/2017. - 4 - NC: 2025:KHC:13965-DB RFA No. 1592 of 2019 5. The appellant as undertook before this Hon’ble Court dated 08.11.2024 this day handing over the DD bearing No.887714 drawn on SBI Bank, Vasanthnagar Branch, dated 26.11.2024, for sum of Rs.10,00,000/- (Rupees Ten Lakhs only). 6. The appellant further undertakes to pay the balance amount a sum of Rs.12,50,000/- (Rupees Twelve Lakhs Fifty Thousand only) in four equal installments before this Hon’ble Court within three months from today. 7. Upon receiving the aforesaid amount, the respondent No.1 as agreed before this Hon’ble Court shall inform the Hon’ble Court in Ex.P.No.2095/2019 of the aforesaid settlement and the attachment order dated 12.08.2022 stands vacated. Further, the respondent No.1 has agreed to withdraw the Execution Petition No.2095/2019 and Criminal Case, CC No.19001/2015, filed against the appellant. 8. The appellant prays this Hon’ble Court may be pleased to direct the office to return the court fee deposited in the above case. 4. At paragraph No.6 of the joint memo it indicates as the appellant further undertakes to pay the balance amount of Rs.12,50,000/- (Rupees Twelve Lakhs Fifty - 5 - NC: 2025:KHC:13965-DB RFA No. 1592 of 2019 Thousand Only) in four installments before this Court within three months from today. The same has been complied. 5. Keeping in view the joint memo filed by the appellant and respondent No.1, the appeal is disposed of. 6. Registry is directed to refund the court fee on due identification. SD/- (K.SOMASHEKAR) JUDGE SD/- (VENKATESH NAIK T) JUDGE RJ