- 1 - NC: 2025:KHC:12460 RFA No. 1856 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR REGULAR FIRST APPEAL NO. 1856 OF 2023 (MON-) BETWEEN: 1. M/S. MAX COLORS A PARTNERSHIP FIRM, HAVING OFFICE AT NO 1, 6TH MAIN, OLD GUDDADAHALLI, PIPELINE, WEST PADARAYANAPURA, BENGALURU- 560 026 REPRESENTED BY ITS PARTNERS RAJESH KARANI AND NAYAN SHAH (THE NAME OF THE PARTNER WAS MENTIONED AS RAJESH ONLY BY THE RESPONDENT WHILE PRESENTING THE PLAINT, BUT HIS FULL IS RAJESH KARANI) 2. SRI RAJESH KARANI AGED MAJOR, PARTNER OF MAX COLORS, HAVING OFFICE AT NO 1, 6TH MAIN, OLD GUDDADAHALLI, PIPELINE, WEST PADARAYANAPURA, BENGALURU- 560 026 3. SRI NAYAN SHAH AGED MAJOR, PARTNER OF MAX COLORS, HAVING OFFICE AT NO 1, 6TH MAIN, OLD GUDDADAHALLI, PIPELINE, WEST PADARAYANAPURA, BENGALURU- 560 026 …APPELLANTS (BY SRI. RAMESH K.R.,ADVOCATE) Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - NC: 2025:KHC:12460 RFA No. 1856 of 2023 AND: M/S MARKET SOLUTIONS NO 114/C, 5TH MAIN, 1ST CROSS, OPP CMTI, TUMKUR SERVICE ROAD, BENGALURU 560022 REP BY ITS PROPRIETOR, SMT ARUNA KUMARI W/O NARENDRA R …RESPONDENT (BY SRI. PRAVEEN KUMAR K.N.,ADVOCATE) THIS REGULAR FIRST APPEAL IS FILED UNDER SECTION 96 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 23.12.2021 PASSED IN OS.NO.4460/2018 ON THE FILE OF THE XXVII ADDITIONAL CITY CIVIL JUDGE, BENGALURU, PARTLY DECREEING THE SUIT FOR RECOVERY OF MONEY. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR ORAL JUDGMENT This appeal by the defendants in O.S.No.4460/2018 is directed against the impugned order and decree dated 23.12.2021 passed by XXVII Addl.City Civil and Sessions Judge, Bangalore, whereby the said suit filed by the respondent – plaintiff was decreed in its favour against the appellants – defendants, thereby directing the appellants – defendants to pay a sum of Rs.2,94,552/- as well as Rs.77,970/- together with interest at 18% p.a. from the date of suit still realisation. As per the impugned judgment and decree,, the - 3 - NC: 2025:KHC:12460 RFA No. 1856 of 2023 counter claim put forth by the appellants – defendants was dismissed by the trial court. 2. Today, both the parties have filed a joint compromise petition. The same is taken on record and which reads as under:- COMPROMISE PETITION FILED UNDER ORDER 23 RULE 3 OF C.P.C. The Appellants and the Respondent in the above case submit as follows: 1) The Appellant and the Respondent submit that, at the intervention of the friends and well wishers, they have settled the dispute relating to the subject matter of this Appeal. As per the out of Court settlement entered into between the Appellants and the respondent, the Appellants have agreed to pay a sum of Rs.3,00,000/-(Rupees Three Lakhs only) towards the full and final settlement of the subject dispute including the amount of Rs. 1,50,000/- (Rupees One Lakh Fifty Thousand) already deposited before this Hon'ble Court. The respondent has agreed to receive the said sum of Rs.3,00,000/- (Rupees Three Lakhs only) towards full and final settlement. An amount of Rs.1,50,000/- (Rupees One Lakh Fifty Thousand) deposited before this is already ordred to be released in favour of the Respondent. 2) It is further submitted that in view of the out of court settlement, today the appellant has paid a sum of Rs. 1,50,000/- (Rupees One Lakh Fifty Thousand) to the respondent bearing DD through No.072883 dtd:21.02.2025 - 4 - NC: 2025:KHC:12460 RFA No. 1856 of 2023 drawn on Tamilnad Merchantile Bank, Contonment Branch, Bengaluru. Thus the subject matter of this appeal is settled between the Appellants and respondent. 3) The Appellants and respondent submit that, they have no claims whatsoever against each others, the appellants and the respondent filed this compromise their petition of that own. There is no force or coercion from anybody in filing the compromise petition. Wherefore, the appellants and the respondent pray that this Hon'ble Court be pleased to dispose of the above appeal in terms of this Compromise Petition and direct the registry of this Hon'ble Court to refund the entire court fee paid by the Appellants, in favour of the Appellants in the interest of justice and equity.” 3. In terms of the aforesaid joint compromise petition, the appellants have paid a total sum of Rs.3 lakhs in favour of the respondent. 4. In the result, I pass the following: ORDER (i) Appeal is hereby disposed of in terms of the joint compromise petition. (ii) The impugned judgment and decree dated 23.12.2021 passed in O.S.No.4460/2018 by the trial court is hereby modified in terms of the aforesaid compromise petition. - 5 - NC: 2025:KHC:12460 RFA No. 1856 of 2023 (iii) The Registry of this Court is directed to refund the entire court fee paid on the memorandum of appeal immediately without any delay to the appellants – defendants. (iv) The Registry of the trial court is directed to refund the entire court fee paid by the respondent – plaintiff on the plaint back to the plaintiff immediately without any delay; so also, the Registry of the trial court is directed to refund the entire court fee paid by the appellants – defendants on their counter claim filed in the suit without any delay. (v) The Registry of this Court as well as the Registry of the Trial court are directed to refund the court fee in the name of appellant No.2 – Sri.Rajesh Karani. Sd/- (S.R.KRISHNA KUMAR) JUDGE Srl. List No.: 1 Sl No.: 13