- 1 - NC: 2025:KHC:1278 RFA No. 378 of 2016 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MS. JUSTICE JYOTI MULIMANI REGULAR FIRST APPEAL NO. 378 OF 2016 (INJ) BETWEEN: SRI. M.R.V.NAGESH AGED 52 YEARS, S/O LATE RANGAIAH SHETTY, PROPRIETOR, M/S SRI LAKSHMI STORES (NEW), NO.121, EBRAHIM SAHIB STREET, BANGALORE-01. …APPELLANT (BY SRI. D.PRABHAKAR., ADVOCATE) AND: M/S DESAI BROTHERS LIMITED, NO.51, SILVER JUBLIEE PARK ROAD, BANGALORE-560 001. REPRESENTED BY ITS AUTHORISED SIGNATORY. SRI. MAHESH PATEL, S/O HARISHAD RAJ PATEL. …RESPONDENT (BY SMT. SHILPA.R., ADVOCATE FOR SRI. KRISHNA.B.R., ADVOCATE) THIS REGULAR FIRST APPEAL IS FILED UNDER SECTION 96 READ WITH ORDER 41(1) OF CPC, 1908. THIS REGULAR FIRST APPEAL IS LISTED FOR FINAL HEARING, THIS DAY, AN ORDER IS MADE AS UNDER: Digitally signed by THEJASKUMAR N Location: High Court of Karnataka - 2 - NC: 2025:KHC:1278 RFA No. 378 of 2016 ORAL ORDER Sri.D.Prabhakar., counsel for the appellant and Smt.Shilpa., counsel on behalf of Sri.Krishna.B.R., for the respondent have appeared in person. 2. Counsel for the respective parties submits that the appeal was referred to Karnataka Mediation Centre, Bengaluru and the parties have settled the dispute. Accordingly, they have filed a Memorandum of Settlement under Section 89 of CPC R/w Rules 24 and 25 of the Karnataka Civil Procedure (Mediation) Rules, 2005. Counsel jointly submits that the Memorandum of Settlement may be placed on record and the appeal may be disposed of in terms of the Memorandum of settlement. 3. Sri.M.R.V.Nagesh - the appellant and Sri.Trinit B.Patel - Authorized signatory of the respondent have appeared in person and they have been duly identified by their respective counsel. When queried, the appellant and the authorized signatory of the respondent stated that they have indeed settled the dispute and they have arrived at compromise/ settlement and - 3 - NC: 2025:KHC:1278 RFA No. 378 of 2016 the appeal may be disposed of in terms of the Memorandum of Settlement. They further state that they have arrived at settlement on their own will and volition without there being any coercion and undue influence from any side. The oral submission made by the respective parties and the Memorandum of Settlement is placed on record. On perusal of the same, this Court finds that the Memorandum of Settlement is lawful and there is no legal impediment to accept the same. 4. Counsel for the respondent submits that as per the Memorandum of Settlement, the respondent is handing over a Demand Draft bearing No.761881 drawn in favor of the appellant for a sum of Rs.5,00,000/- in the open Court. Counsel for the appellant acknowledges the receipt of the demand draft. The oral submission made by counsel for the respective parties is placed on record. 5. The Regular First Appeal is disposed of in terms of the Memorandum of Settlement. - 4 - NC: 2025:KHC:1278 RFA No. 378 of 2016 The Registry concerned is hereby directed to draw the decree in terms of the Memorandum of Settlement. The Registry concerned is also directed to refund the Court fee as per the Karnataka Court Fee and Suits Valuation Act, 1958. Sd/- (JYOTI MULIMANI) JUDGE TKN List No.: 4 Sl No.: 6