- 1 - HC-KAR NC: 2025:KHC:18481 RFA No. 1632 of 2016 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF JUNE, 2025 BEFORE THE HON'BLE MS. JUSTICE JYOTI MULIMANI REGULAR FIRST APPEAL NO. 1632 OF 2016 (MON) BETWEEN: 1. SRI. G.V.SURESH BABU S/O LATE G.VENKATA KRISHNAIAH, AGE: 59 YEARS, R/AT NO.103, 6TH CROSS, KRISHNA GARDEN, PATTANAGERE, RAJARAJESHWARI NAGARA, BENGALURU-560 098. 2. SWATHI GANDUR D/O SRI G.V.SURESH BABU, AGE: 31 YEARS, R/AT NO.103, 6TH CROSS, KRISHNA GARDEN, PATTANAGERE, RAJARAJESHWARI NAGARA, BENGALURU-560 098. …APPELLANTS (BY SRI. PRASANNA.V.R., ADVOCATE) AND: SRI. DATTA PRAMODA N.GOLLAHALLI, S/O SRI G.R.NAGARAJAN, AGE: 36 YEARS, R/AT G-10, SSD PEARLS, 2ND CROSS, UDAYA NAGAR, UTTARAHALLI MAIN ROAD, CHIKKALASANDRA, BENGALURU-560 061. …RESPONDENT (BY SRI. NAGAIAH., ADVOCATE) Digitally signed by PREMCHANDRA M R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:18481 RFA No. 1632 of 2016 THIS REGULAR FIRST APPEAL IS FILED UNDER SECTION 96 OF THE CODE OF CIVIL PROCEDURE, 1908. THIS REGULAR FIRST APPEAL IS LISTED FOR ORDERS, THIS DAY, THE JUDGMENT WAS DELIVERED AS UNDER: ORAL JUDGMENT Sri.Prasanna.V.R., counsel for the appellants and Sri.Nagaiah., counsel for the respondent have appeared in person. 2. Counsel for the respective parties submits that the appeal was referred to mediation 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.G.V.Suresh Babu - appellant No.1 for himself and also for appellant No.2 as GPA Holder and Sri.G.R.Nagarajan - GPA holder of the respondent have - 3 - HC-KAR NC: 2025:KHC:18481 RFA No. 1632 of 2016 appeared in person and they have been duly identified by their respective counsel. When queried, appellant No.1 and GPA holder of the respondent stated that they have indeed settled the dispute and they have arrived at compromise/ settlement and 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. The Regular First Appeal is disposed of in terms of the Memorandum of Settlement. The Registry concerned is hereby directed to draw the decree in terms of the Memorandum of Settlement. - 4 - HC-KAR NC: 2025:KHC:18481 RFA No. 1632 of 2016 5. Counsel Sri.Prasanna.V.R., submits that during the pendency of the appeal, a security was furnished in terms of the interim order dated 16.12.2016 and a charge was created on the property. He submits that a memo has been filed stating that in view of the settlement of dispute between the parties, the charge created on the property may be discharged. Counsel therefore, submits that the memo may be placed on record and an appropriate order may be passed. Submission is noted. Memo is placed on record. In view of the settlement of dispute and disposal of the appeal, the charge created on the property in terms of the interim order dated 16.12.2016 is hereby discharged. 6. Lastly, counsel for the appellants and the respondent jointly submits that the Court fee paid by the appellants may be refunded to appellant No.1 and the respondent to the extent of 50% each. Counsel therefore, submits that the Registry concerned may be directed to refund the Court fee to appellant No.1 and the respondent to the extent of 50% each. - 5 - HC-KAR NC: 2025:KHC:18481 RFA No. 1632 of 2016 The Registry concerned is also directed to refund the Court fee to appellant No.1 and the respondent to the extent of 50% each in terms of Memorandum of Settlement as per the Karnataka Court Fee and Suits Valuation Act, 1958. Sd/- (JYOTI MULIMANI) JUDGE MRP/TKN List No.: 1 Sl No.: 32