- 1 - NC: 2025:KHC:12158-DB RFA No. 813 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF MARCH, 2025 PRESENT THE HON'BLE MR. JUSTICE K. SOMASHEKAR AND THE HON'BLE MR. JUSTICE VENKATESH NAIK T REGULAR FIRST APPEAL NO.813 OF 2019 (MON) BETWEEN: 1. RAMESH SHRINIVAS JANNU AGE 60 YEARS S/O SRINIVAS S. JANNU MANAGING DIRECTOR HOTEL PARAG, THE CAPITAL NO.3, RAJ BHAVAN ROAD BENGALURU 560001. 2. M/S. HOTEL PARAAG LIMITED C/O HOTEL PARAAG LIMITED NO.1A-2B, SY. NO.42 DEVASANDRA INDUSTRIAL AREA 2ND STAGE NEXT TO SHRI. SATYA KALYANA MANTAPA MAHADEVAPURA, WHITEFIELD BENGALURU 560048 REP. BY ITS MANAGING DIRECTOR RAMESH S. JANNU. …APPELLANTS (BY SRI. A.G. BALLOLLI, ADV.,) AND: 1. M/S. DECKER FORMWORK SOLUTIONS PVT LTD NO.30/6/1408, KRISHNA LAYOUT BANNERGHATTA ROAD HULIMAVU, BANGALORE 560076 Digitally signed by MOUNESHWARAPPA NAGARATHNA Location: High Court of Karnataka - 2 - NC: 2025:KHC:12158-DB RFA No. 813 of 2019 REP. BY ITS MANAGING AND POA HOLDER SRI. B.C. KARUNANIDHI. …RESPONDENT (BY SRI. GAUTAMADITYA S, ADV., FOR C/R) THIS RFA IS FILED UNDER SECTION 96 OF CPC AGAINST THE JUDGMENT AND DECREE DATED 11.01.2019 PASSED IN OS No.6074/2013 ON THE FILE OF THE XXXI ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU, DECREEING THE SUIT FOR RECOVERY OF MONEY. THIS APPEAL, 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 VENKATESH NAIK T) Learned counsel for the appellants, learned counsel for the respondents, the authorized officer of appellants and the authorized officer of respondent are present. 2. The appellants and the respondent have filed the compromise petition under Order XXIII Rule 3 of CPC. The contents of the compromise petition are as under: "The Parties to these proceedings jointly submit the following: 1. The Appellant has presented this appeal to set aside the Judgment and Decree in OS 6047 of 2013 - 3 - NC: 2025:KHC:12158-DB RFA No. 813 of 2019 dated 11th January 2019 to pay a sum of 10,58,680.50 (Ten Lakh fifty-eight Thousand Six Hundred Eighty Rupees Fifty Paise Only) with interest at 18% from the date of the Decree, which was granted in favour of the Respondent, and further Decree the counterclaim of the Appellant together with interest at the rate of 18% from the date of the suit till realisation of the payment and other reliefs. 2. However, during the pendency of the proceedings, the parties have agreed to settle the pending dispute to avoid protracted litigation and associated costs and accordingly agree to settle the matter on the following terms: a. It is submitted that the Parties have agreed to settle the above case for an amount of ₹5,25,000 only (Five lakhs Twenty-Five thousand Rupees) as a full and final settlement that shall be payable by the Appellant to the Respondent. b. It is submitted that the Appellant has already deposited a sum of ₹ 10,58,680.50 (ten lakh fifty-eight thousand six hundred eighty rupees fifty paise) with the Registry of this Hon'ble Court in pursuance of the interim order passed on 6th March 2024. The Parties have agreed that the amount of ₹5,25,000 only (five lakhs twenty-five thousand rupees) shall be withdrawn by the Respondent from this deposit towards the full and final settlement as detailed in this Petition, and the balance amount of ₹5,33,680.50 (five lakhs thirty-three thousand six hundred and eighty and fifty paise) shall be refunded to the Appellant. Further, any interest accrued on the deposit shall be refunded to the Appellant along with the court fee on appeal. The parties request that this Court direct the registry to disburse the deposited amount in the above-detailed manner. c. It is submitted that after receiving the said amount, the Respondent has agreed to withdraw - 4 - NC: 2025:KHC:12158-DB RFA No. 813 of 2019 Execution Petition No. 4458 of 2019, which is pending before CCH-14, in pursuance of the Judgment and Decree passed in OS 6047 of 2013 dated 11th January 2019 and report settlement of the matter to the executing court. d. The parties agree to absolve each other of all pending and future claims/counterclaims on the terms detailed above. Therefore, it is prayed that the present appeal may be disposed of as on the terms detailed above in the interest of justice and equity." 3. The contents of the compromise petition are read over to the parties and they have agreed to the terms of compromise. The compromise is free and voluntary one. Hence, we accept the compromise petition. 4. By virtue of the compromise petition, the appellants have already deposited a sum of Rs.10,58,680.50/- with the Registry of this Court in pursuance of the interim order dated 06.03.2024. Now, the parties have agreed that Rs.5,25,000/- shall be withdrawn by the respondent viz., Sri.Akshay S.Kulkarni/plaintiff, who is the authorized officer of respondent, from the said deposit towards full and final settlement as detailed in this petition and balance - 5 - NC: 2025:KHC:12158-DB RFA No. 813 of 2019 Rs.5,33,680.50/- shall be refunded to the appellants viz., Sri.Ramesh Srinivas Jannu. Further, any interest accrued on the deposit, shall be refunded to the appellants along with Court fee on the appeal. 5. Hence, the appeal is disposed of in terms of the compromise between the parties. Accordingly, the judgment and decree dated 11.01.2019 passed in O.S.No.6074/2013 by the XXXI Additional City Civil and Sessions Judge, Bengaluru, is hereby set aside. Draw decree in terms of the compromise petition. In view of the compromise held between the parties, Registry is directed to refund the Court fee as per law with due identification. Sd/- (K.SOMASHEKAR) JUDGE Sd/- (VENKATESH NAIK T) JUDGE BSR/List No.: 1 Sl No.: 16