HIGH COURT LEGAL SERVICES COMMITTEE DHARWAD BENCH BEFORE THE LOK ADALAT IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE 8TH DAY OF MARCH, 2025 CONCILIATORS PRESENT THE HON’BLE MR. JUSTICE S.G. PANDIT AND SHRI R.H. ANGADI, MEMBER R.F.A.No.100479/2019 LOK ADALAT No.109/2025 BETWEEN: 1. M/S.NEELAMBARI CONSTRUCTIONS NO.1, PANJIKAR BUNGALOW, SARASWATPUR, DHARWAD, REPRESENTED BY ITS PARTNER, APPELLANTS NO.2 and 3. 2. SHRI SHRIDHAR GOPALRAO PANJIKAR AGE: 46 YEARS, OCC: BUSINESS, PANJIKAR BUNGALOW, SARASWATPUR, DHARWAD. 3. MRS. ABOLI A. PANJIKAR AGE: 64 YEARS, OCC: BUSINESS, PANJIKAR BUNGALOW, SARASWATPUR, DHARWAD. ...APPELLANTS (BY SHRI I.Y. PATIL, ADVOCATE) AND: RAJSHEKHAR B. MATH AGE: 50 YEARS, OCC: BUSINESS, R/O: KEDAR VILLA, MARATHA COLONY, DHARWAD. …RESPONDENT (BY SHRI S.A. SONDUR, ADVOCATE) 2 THIS RFA IS FILED UNDER SECTION 96 AND U/O XLI RULE 1 OF CPC., PRAYING TO, SET ASIDE THE JUDGMENT AND DECREE DATED 04.06.2019 PASSED BY I ADDL. SENIOR CIVIL JUDGE AND CJM., DHARWAD IN OS NO.5/2011 BY DISMISSING THE SUIT OF THE RESPONDENT AND THEREBY ALLOWING THIS APPEAL IN THE INTEREST OF JUSTICE AND EQUITY. THIS RFA COMING ON FOR CONCILIATION BEFORE LOK ADALAT AFTER BEING REFFERED BY THE COURT, THE FOLLOWING CONCILIATION ORDER IS PASSED: CONCILIATION ORDER The partners of the 1st appellant firm-M/s. Neelambari Constructions, viz., Shri. Shridhar Gopalrao Panjikar (appellant No.2) and Mrs. Aboli A. Panjikar (appellant No.3) are present and are identified by their counsel, Sri. I.Y.Patil. The respondent-Sri. Rajshekhar B.Math and his counsel Sri. S.A.Sondur, are also present. 2. The appeal is directed against the judgment and decree dated 04.06.2019 passed in O.S. No.5/2011 by the I Additional Senior Civil Judge & CJM, Dharwad, wherein the appellants/defendants No.1 to 3 are directed to pay a sum of Rs.50,00,000/- to the respondent/plaintiff with future interest at the rate of 9% per annum from the date of the suit till its realization. 3 3. Today, before the Lok Adalat, the parties have filed an application under Order XXIII Rule 3 read with Section 151 of the Code of Civil Procedure, 1908, wherein the appellants have agreed to pay to the respondent/plaintiff a sum of Rs.1,00,00,000 (Rupees One Crore only) under four different demand drafts of Rs.25,00,000/- each on or before 08.04.2025 before the Executing Court in Ex.P. No.155/2019 pending on the file of the I Additional Senior Civil Judge and CJM, Dharwad in full and final settlement of the claim. Further, the parties have also agreed that the respondent/plaintiff shall withdraw the criminal appeals in Crl.Appeal Nos.100359, 100360, 100361, 100362, 100363 of 2017 pending before this Court. The respondent/plaintiff has also agreed to give consent to sell the attached property if necessary, subject to the condition that the appellants shall deposit the consideration amount before the Executing Court. The parties have further agreed that in case, the appellants fail to pay the amount as agreed, the aforesaid criminal appeals pending before this Court would get restored and they are at liberty to recover the decreetal amount as per 4 law. The terms of the compromise petition reads as follows: Herein the Appellants and Respondent respectfully submits joint compromise Petition as under - 2. It is submitted that, the Appellants herein has challenged the judgment and decree dated 04-06- 2019 passed in OS.No.5/2011 by the learned I Addl. Senior Civil Judge and CJM Dharwad. Now the appellants and respondent in the appeal have amicably settled case under the appeal before this Hon'ble court as per terms and conditions mentioned herein below: vii. The Appellants have agreed to pay total amount of Rs.1,00,00,000/- (Rupees One Crore Only) to the respondent in 4 demand drafts of Rs.25,00,000/- each (twenty five lakhs) as against the decreetal amount towards full and final settlement and Respondent has agreed to receive the same as full and final settlement of his claims in judgment and decree mentioned above. viii. That, appellants herein, are agreed to pay the entire amount on or before 08-04-2025 before the executing court in Execution Petition No.155/2019 pending on the file of I Addl. Senior Civil Judge and CJM Dharwad, and the same is agreed by the Respondent. 5 ix. The Respondent herein is agreed to withdraw the Crl Appeals i.e., (1)Crl Appeal No. 100359/2017 (2)Crl Appeal No. 100360/2017 (3)Crl Appeal No. 100361/2017 (4)Crl Appeal No. 100362/2017 (5)Crl Appeal No.100363/2017 which are filed against the Appellants herein and pending before this Hon'ble Court. Χ. The Respondent herein, is agreed to give the consent to sale the properties which are attached before the judgment by the I Addl Senior Civil Judge and CJM Dharwad to generate the fund as and when required subject to the Appellants depositing the consideration amount to before the Execution Court by the Purchaser or by the Appellants. xi. If the Appellants failed to pay the amount as stated supra the orders will revive and the Criminal Appeal will be restored before this Hon'ble Court and the respondent herein is entitled to recover the decretal amount as per law. xii. That both parties to the settlement have read over the above-mentioned terms and conditions and they have voluntarily with free will subscribed their signature to this compromise petition, the above- mentioned compromise is not immoral and not opposed to public policy. 6 The compromise petition is taken on record. We are satisfied with the terms of the compromise which are in accordance with law. 4. The appeal stands disposed of in terms of the compromise petition. 5. The appellants would be entitled for refund of the court fee paid on the appeal memo in accordance with law. As agreed, the Court fee shall be credited to the bank account of appellant No.3, the details of which is as under: Aboli A. Panjikar, S.B. A/c No.50100563736696, HDFC BANK, Opposite to NTTF, Dharwad. Registry to draw the decree in terms of the compromise petition. Sd/- JUDGE Sd/- MEMBER KMS,CT:VP 7 8 9 10