- 1 - HC-KAR NC: 2025:KHC:37996 RFA No. 247 of 2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE RAVI V HOSMANI REGULAR FIRST APPEAL NO. 247 OF 2017 (RES-) BETWEEN: 1. GIRISH A TELDHUNA NO.18-17, NANDI GARDEN APARTMENT PHASE-I, AVALAHALLI, ANJANAPURA POST, OFF KANAKAPURA ROAD, BENGALURU-560062. …APPELLANT (BY SRI PRADEEP NAYAK.,ADVOCATE) AND: 1. M/S MEDREICH LIMITED MEDREICH HOUSE, 12/8, SARASWAT AMMAL STREET, MARUTI SEVANAGAR, BENGALURU-560033 …RESPONDENT (BY SRI P. DHANANJAYA, ADVOCATE) THIS RFA IS FILED UNDER SECTION 96 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 02.11.2016 PASSED IN OS.NO.6409/2011 ON THE FILE OF THE VIII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE (CCH-15), BENGALURU AND ETC. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:37996 RFA No. 247 of 2017 CORAM: HON'BLE MR. JUSTICE RAVI V HOSMANI ORAL JUDGMENT Challenging judgment and decree dated 02.11.2016 passed by VIII Additional City Civil and Sessions Judge (CCH- 15) at Bengaluru, in O.S.no.6409/2011, this appeal is filed by defendant. 2. During pendency of appeal, matter was referred for mediation. Report is submitted by Mediation Centre, where parties have entered into settlement and terms have been reduced into agreement, which is signed by parties. Terms of compromise are as follows - "1. The appellant and respondent have mutually agreed that the appellant shall pay a total sum of Rs.1,00,000/- (Rupees One Lakh Only) to the respondent towards all the claims of respondent as one time settlement, so that the respondent shall not make any claim against the appellant based on the Judgment and decree dated 02.11.2016 passed in 0.5. No.6409/2011. The appellant has agreed to pay the sald amount to the respondent. 2. In view of both the parties willing to settle the suit claim the appellant has issued a cheque bearing - 3 - HC-KAR NC: 2025:KHC:37996 RFA No. 247 of 2017 No.000215 dated 24.07.2025 drawn on ICICI Bank, Hosur II Branch, 122/C, Opp.to CSI Church, Denkanikotta Road, Shanthi Nagar, Hosur-635 109, drawn in favour of the respondent - company, and the said cheque has been handed over to the representative of the respondent company at the time of signing this settlement agreement, towards full and final settlement of all claims and counter claim against the appellant and the respondent based on the judgment and decree dated 02.11.2016 passed in O.S.No.6409/2011. The respondent has accepted the same and state that subject to encashment of the said cheque they have no any other claim against the appellant in pursuant of the judgment and decree dated 02.11.2016 passed O.S.No.6409/2011. 3. The appellant and respondent further state that they have resolved all the disputes and settled the claims against each other full and finally in the aforesaid manner further they have agreed that no further claim or dispute will be raised in future based on the judgment and decree dated 02.11.2016 passed in O.S.No.6409/2011". 3. Learned counsel submitted that Authorized Representative of respondent - plaintiff herein is present. On interaction, he stated that they have entered into compromise out of their free will and volition without there being any threat, coercion or undue influence from anybody. - 4 - HC-KAR NC: 2025:KHC:37996 RFA No. 247 of 2017 4. As per terms of settlement, respondent - plaintiff has received a sum of Rs.1,00,000/- in full and final settlement of claim against defendant and defendant's counter claim against plaintiff. 5. Compromise Petition is taken on record. Appeal is allowed to the extent and in terms of compromise petition, judgment and decree dated 02.11.2016 passed by VIII Additional City Civil and Sessions Judge (CCH-15) at Bengaluru, in O.S.no.6409/2011 are modified accordingly. 6. Registry to draw decree incorporating terms of compromise. Sd/- (RAVI V HOSMANI) JUDGE HNM List No.: 1 Sl No.: 7