HIGH COURT LEGAL SERVICES COMMITTEE DHARWAD BENCH BEFORE THE LOK ADALAT IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE 26TH DAY OF APRIL, 2025 CONCILIATORS PRESENT THE HON’BLE MR. JUSTICE S G PANDIT AND SHRI GOPAL B. PATIL, MEMBER RSA.No.101010/2019 LOK ADALAT No.312/2025 BETWEEN: 1. SHRI. VEERNAGOUDA, S/O MALLANAGOUDA HALEMANI, SINCE DECEASED BY HIS L.RS. SRI.MALLANAGOUDA, S/O VEERANAGOUDA HALEMANI, AGE: MAJOR, OCC: AGRICULTURIST, R/O: MANJUNATH NILAYA, KOTI BUILDING, FIRST FLOOR, NEAR TIRUPATI APARTMENT, BEHIND RAMANAGOUDA HOSPITAL, MALAPUR ROAD, TQ & DIST: DHARWAD-580008. 2 . SRI. HANAMNAGOUDA, S/O VEERANAGOUDA HALEMANI, AGE: MAJOR, OCC: AGRICULTURIST, R/O: HAROBELAVADI, TQ & DIST: DHARWAD-581201. 3 . SMT.MANJULA, W/O SOMASHEKHAR PATILm AGE: MAJOR, OCC: HOUSEHOLD WORK, R/O: HOUSE NO.261, VISHWESHWAR NAGAR, TQ: HUBBALLI, DIST: DHARWAD-580021. 4 . SRI.SOMANAGOUDA, 2 S/O MALLANAGOUDA HALEMANI, AGE: 68 YEARS, OCC: AGRICULTURIST, R/O: HAROBELAVADI, TQ & DIST: DHARWAD-581201. 5 . SRI. TAMMANAGOUDA, S/O MALLANAGOUDA HALEMANI, AGE: 60 YEARS, OCC: AGRICULTURIST, R/O: HAROBELAVADI, TQ & DIST: DHARWAD-581201. 6 . SRI. ISHWARAGOUDAR IRANNAGOUDA SHIVALLI AGE: 70 YEARS, OCC: AGRICULTURIST, R/O: HAROBELAVADI, TQ & DIST: DHARWAD-581201. ...APPELLANTS (BY SHRI S.N. BANAKAR, ADVOCATE) AND: KARNATAKA VIKAS GRAMEENA BANK, BRANCH, INAMHONGAL-591126, TQ: SAUNDATTI, DIST: BELAGAVI, BY ITS MANAGER, SRI.K. SHRIDHAR UDUPA, AGE: 60 YEARS, OCC: MANAGER, KARNATAKA VIKASA GRAMEENA BANK, INAMHONGAL BRANCH, TQ: SAUNDATTI, DIST: BELAGAVI. …RESPONDENT (BY SHRI C.V. ANGADI, ADVOCATE) THIS RSA FILED U/SEC.100 OF CPC, AGAINST THE JUDGEMENT & DECREE DATED 14.08.2019 PASSED IN R.A.NO.6/2016 ON THE FILE OF THE SENIOR CIVIL JUDGE, SAUNDATTI, ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGMENT AND DECREE DATED 18.12.2015, PASSED IN O.S. NO.1/2011 ON THE FILE OF THE CIVIL JUDGE AND JUDICIAL MAGISTRATE FIRST CLASS, SAUNDATTI, DISMISSING THE SUIT FILED FOR RECOVERY OF MONEY & ETC. THIS RSA COMING ON FOR CONCILIATION BEFORE LOK ADALAT AFTER BEING REFFERED BY THE COURT, THE FOLLOWING CONCILIATION ORDER IS PASSED: 3 CONCILIATION ORDER The legal representatives of defendant no.1 and defendants No.2 to 4 are in appeal questioning the judgment and decree dated 14.08.2010 passed in R.A. No.6/2016 by the Senior Civil Judge, Saundatti (for short, ‘the Appellate Court), whereby the Appellate Court allowed the appeal, set aside the judgment and decree passed in O.S. No.1/2011 dated 18.12.2015 by the Civil Judge and JMFC, Saundatti (for short, ‘the Trial Court’), and consequently decreed the suit of the plaintiff directing the defendants to pay an amount of Rs.3,58,450/- with the pendent lite and future interest at the rate of 6% per annum. 2. The appellants/defendants and the respondent/plaintiff along with their respective counsels are present before the Lok Adalat. Both the parties submit that they have amicably settled the dispute between them. 3. Today, both the parties have filed a compromise petition under Order XXIII Rule 3 of the Code of Civil Procedure, 1908. The compromise petition is signed by both the parties and their learned counsel. The terms of the compromise petition read as under: 4 “2) That, the above appeal is referred to mediation center for pre-conciliation of the above matter. Before the Hon'ble mediators pre-conciliation is held in the said pre-conciliation the respondent/plaintiff bank agreed to receive an amount of Rs.5,00,000/- (Five Lakhs rupees Only) towards full and final satisfaction of their claim accordingly the Defendants/Appellants have agreed to pay the said sum of Rs.5,00,000/- (Five Lakhs rupees only) to the respondent/plaintiff bank on or before 31.05.2025. 3) If the Appellants failed to pay the agreed amount on or before 31.05.2025 the respondent/plaintiff shall be at liberty to execute the judgment and decree passed in R.A.No.6/2016 dated 14.08.2019, as per law to recover the entire decreetal amount. 4) That, both the parties have agreed to the above terms and conditions by way of amicable settlement. 5) That, the matter is amicably settled the full court fee paid on the appeal memo amounting to Rs.24,257/- may kindly be ordered to be refunded to the Appellants / Defendants. 6) Further, the respondent / plaintiff agreed to issue no due certificate after payment of the above said amount of Rs.5,00,000/- enabling the Defendants / Appellants to delete the encumbrance over the mortgage property. 7) The said Compromise petition is read over explained and admitted as true and correct and parties to the appeal have signed and the above said compromise today at Dharwad. 8) Hence the above said joint compromise petition may kindly be accepted and decree may kindly be drawn in terms of the above prayer in the interest of justice.” 4. In terms of the compromise petition, the appellants/defendants have agreed to pay and the respondent/plaintiff has agreed to receive a total sum of 5 Rs.5,00,000/- in full and final settlement of the claim. The parties have also agreed that the appellants shall pay the amount of Rs.5,00,000/- on or before 31.05.2025 failing to make the payment within the time stipulated, the plaintiff shall be at liberty to execute the judgment and decree dated 14.08.2019 passed in R.A. No.6/2016 by the Appellate Court, to recover the entire decreetal amount. 5. The compromise petition is taken on record. We are satisfied with the terms of the compromise which are in accordance with law. 6. The appeal stands disposed of in terms of the compromise petition. 7. The appellants would be entitled for refund of the court fee paid on the appeal memo in accordance with law. Sd/- JUDGE Sd/- MEMBER KMS,CT:VP