- 1 - HC-KAR NC: 2025:KHC-D:9158 RSA No. 100230 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 24TH DAY OF JULY 2025 BEFORE THE HON'BLE MR. JUSTICE M.G.S. KAMAL REGULAR SECOND APPEAL NO.100230 OF 2025 (MON) BETWEEN: BASAVESHWAR VEERASHAIVA VIDYAVARDHAKA SANGHA, BY ITS CHAIRMAN, SRI. VEERABHADRAYYA @ IRAYYA S/O. CHANDRASHEKHARAYYA CHARANTIMATH, AGE: 56 YEARS, OCC: CHAIRMAN, B.V.V. SANGHA, BAGALKOT, DIST: BAGALKOT – 587 101. …APPELLANT (BY SRI. G.K.HIREGOUDAR, ADVOCATE FOR SRI. OMKAR LAXMAN DESAI, ADVOCATE) AND: DR. S. L. CHANDARAGI, AGE: 66 YEARS, OCC: RETIRED, R/O: TAKKE ROAD, VIJAYAPURA, DIST: VIJAYAPURA – 586 109. …RESPONDENT (BY SRI. K. L. PATIL, ADVOCATE) THIS RSA IS FILED UNDER SECTION 100 R/W XLII RULE 1 OF CPC PRAYING TO ADMIT THE APPEAL AND CALL FOR THE RECORDS OF THE COURT BELOW AND ALLOW THE APPEAL SETTING ASIDE THE JUDGMENT AND DECREE IN R.A.NO.41/2023 DATED 01.10.2024 PASSED BY THE ADDITIONAL DISTRICT AND SESSIONS JUDGE, FAST TRACK SPECIAL COURT – 1, BAGALKOT, AND RESTORE THE JUDGMENT PASSED BY I ADDITIONAL SENIOR CIVIL JUDGE AND JMFC COURT AT BAGALKOT IN O.S.NO.10/2022 DATED 21.07.2023 THEREBY DISMISS THE SUIT OF THE PLAINTIFF WITH COSTS AND ETC., THIS APPEAL, COMING ON FOR ADMISSION THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: Digitally signed by SAROJA HANGARAKI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:9158 RSA No. 100230 of 2025 ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE M.G.S. KAMAL) 1. This appeal is by the defendant in O.S.No.10/2022 aggrieved by the judgment and decree dated 01.10.2024 passed in R.A.No.41/2023 on the file of Additional District and Sessions Judge, Fast Track Special Court-I, Bagalkot, by which The First Appellate Court while allowing the said appeal with costs, set aside the judgment and decree dated 21.07.2023 passed in O.S.No.10/2022 on the file of I Additional Senior Civil Judge and JMFC, Bagalkot and consequently decreed the suit of the plaintiff holding him entitled to recover ₹10,00,000/- from the defendant with interest at 12% per annum from 17.04.2019 till realisation. 2. After arguing the matter for sometime upon the suggestion of this Court, learned counsel for the parties had submitted that parties would settle the matter upon appellant agreeing to pay ₹10,00,000/- principal amount with interest at 6%, instead of interest at 12% awarded by - 3 - HC-KAR NC: 2025:KHC-D:9158 RSA No. 100230 of 2025 the Trial Court, together with the court fee paid by the plaintiff in the suit. 3. In furtherance thereof, learned counsel for the appellant and learned counsel for the respondent in the personal presence of the plaintiff today jointly submit that the matter has been amicably settled. The defendant has drawn two demand drafts both dated 24.07.2025 bearing No.642115 for ₹10,00,000/- and No.642116 for ₹4,56,180/- on Punjab National Bank, Bagalkot towards payment of principal amount as well as 6% interest and the cost of the suit. 4. The said demand drafts have been handed over by the appellant/defendant to the respondent/plaintiff in person. Receipt of the said demand drafts are confirmed. 5. Learned counsel for the respondent/plaintiff at this juncture points out that the plaintiff had paid court fee of ₹62,125/- at the time of filing of the suit in O.S.No.10/2022 and since it was dismissed, he paid the same amount of court fee while filing the regular appeal in - 4 - HC-KAR NC: 2025:KHC-D:9158 RSA No. 100230 of 2025 R.A.No.41/2023. However, the appellant/defendant has paid the court fee which was paid by the respondent/plaintiff only on the regular appeal and has not included the court fee paid by the respondent/plaintiff in the suit. 6. In response, learned counsel for the appellant/defendant fairly submits that the court fee which the appellant/defendant has paid on this appeal, be directed to be paid directly in the name of the respondent/plaintiff to which the respondent/plaintiff has no objection. 7. Submission is taken on record. 8. In view of the above and in the light of appellant having paid ₹10,00,000/- + ₹4,56,180/- which includes principal amount, interest calculated at 6% from the date of 17.04.2019 till date and the court fee and costs awarded by the First Appellate Court and in the light of appellant/defendant agreeing to pay the additional court fee by way of permission to the plaintiff to seek release - 5 - HC-KAR NC: 2025:KHC-D:9158 RSA No. 100230 of 2025 from this Court, nothing survives for consideration in this matter. 9. Appeal is accordingly disposed of. 10. The court fee paid by the appellant/defendant on this appeal is ordered to be paid to the respondent/plaintiff in full, subject to proof of his identification. 11. In the light of the above, the office objection raised requiring payment of deficit court fee is ignored. Sd/- (M.G.S. KAMAL) JUDGE SH/CT-ASC List No.: 1 Sl No.: 3