- 1 - HC-KAR NC: 2025:KHC:44796 RFA No. 322 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR REGULAR FIRST APPEAL NO. 322 OF 2024 (MON) BETWEEN: SRINIVAS SHENOY AGED ABOUT 45 YEARS S/O ROHIDAS SHENOY PROP SHREE VASTHSA INFOTECH KABETTU KARKALA TOWN R/AT HADIMANE, A C ROAD KABETU, KARKALA KASABA KARKALA TALUK …APPELLANT (BY SMT. VINITHA P. C., ADVOCATE) AND: S.RAGHAVENDRA SHENOY AGED ABOUT 41 YEARS S/O S.RAMESH SHENOY R/AT SRI GANESH MILLS NEAR KASHI MUTT, SURATHKAL MANGALORE TALUK – 575 014. …RESPONDENT (BY SMT. HALEEMA AMEEN, ADVOCATE) THIS RFA IS FILED UNDER SEC.96 R/W ORDER 41 RULE 1 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 06.03.2021 PASSED IN OS NO.97/2014 ON THE FILE OF Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:44796 RFA No. 322 of 2024 SENIOR CIVIL JUDGE AND ACJM, KARKALA., PARTLY DECREEING THE SUIT FOR RECOVERY OF MONEY. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR ORAL JUDGMENT This appeal by the defendant in O.S.No.97/2014 is directed against the impugned judgment and decree dated 06.03.2021, passed by the Senior Civil Judge and ACJM, Karkala, whereby the said suit filed by the respondent - plaintiff against the appellant - defendant for recovery of money and other reliefs, which was partly decreed by the trial Court and directed the appellant - defendant to pay a sum of `7,32,660/- together with future interest at 9% per annum from the date of suit, till realisation of decreetal amount and costs in a sum of `61,208/- in favour of the respondent - plaintiff. 2. The parties have filed a compromise petition reporting amicable settlement of the dispute between the parties, which is signed by both the parties and their respective learned counsel, all of whom are physically present before this Court - 3 - HC-KAR NC: 2025:KHC:44796 RFA No. 322 of 2024 and have been identified by their respective learned counsel. The parties admit the terms and conditions indicated in the compromise petition. The said compromise petition reads as under: “COMPROMISE PETITION UNDER ORDER XXIII RULE 3 READ WITH SECTION 151 OF CPC FOR RECORDING A COMPROMISE Appellant/Petitioner and Respondent jointly submits as follows: 1. The Appellant/Petitioner being aggrieved by the judgment and decree dated 6.3.2021 passed by the Senior Civil Judge, ACJM, Karkala in O.S. No. 97/2014 has filed the above appeal. Respondent has filed a suit for recovery of money of Rs.7,32,660/- against the Appellant /Petitioner. The said suit was decreed on 6.3.2021 directing the appellant/petitioner to pay the decretal amount from the date of the suit along with 9% interest till the realization. Now both the parties are intending to settle the matter on the basis of following terms and conditions. TERMS AND CONDITIONS: 1. The appellant/petitioner and respondent have agreed to close the appeal on the decretal amount of Rs.7,32,660/- +7% interest from the date of suit which amounts to Rs.12,96,808/- + cost of Rs.61,208/-, all together Rs. 13,58,016/-. Out of which appellant has deposited sum of Rs.2,00,000/- before the execution court Senior Civil Judge and ACJM, Karkala in Ex. Pet. No.43/2022 deducting the said amount it is Rs.11,58,016/- is the balance to be paid. The appellant/petitioner has agreed to release the court fee of Rs.1,25,000/- in favour of respondent, hence the balance of the amount has to be paid is Rs. 10,33,016/- + legal fees Rs.6,000/-, i.e. Rs.10,39,016/-. Both the appellant/petitioner and respondent as full and final - 4 - HC-KAR NC: 2025:KHC:44796 RFA No. 322 of 2024 settlement have agreed to close the appeal on payment of Rs.10,50,000 with 5 installments to Respondent. The payment schedule is as follows: Date Instalment Amount 5.12.2025 First instalment Rs.3,00,000/- 5.1.2026 Second Instalment Rs.2,00,000/- 5.2.2026 Third Instalment Rs.2,00,000/- 5.3.2026 Fourth Instalment Rs.2,00,000/- 5.4.2026 Fifth Instalment Rs.1,50,000/- 2. The respondent has parallelly initiated Proceedings under Section 138 of Negotiable Instruments Act which is ended up with conviction on 7.1.2025 in Crl. A. No. 541/2017 before this Hon'ble Court. In terms of the settlement arrived between the parties, the respondent undertakes that the conviction warrant will be kept in abeyance till the realization of the entire agreed amount. He further undertakes that on realization of the entire amount he will not execute the conviction order (warrant)against the appellant/petitioner. 3. Respondent undertakes to withdraw the execution petition filed by him before the Senior Civil Judge and ACJM, Karkala in Ex. Pet. No.43/2022 on 05.04.2026 that is the date of payment of the last instalment of Rs. 1,50,000/-. 4. The appellant has agreed to transfer the amount to Respondent's account bearing No. 910010036363745, IFSC Code UTIB0001137 stands in the name of Raghavendra Shenoy and respondent has agreed for the same. 5. In view of the settlement the W.P. No. 4819/2024 filed by the appellant will not survive and it may be disposed off in terms of this compromise petition. - 5 - HC-KAR NC: 2025:KHC:44796 RFA No. 322 of 2024 6. In view of the above it is most respectfully prayed that this Hon'ble Court may please to record the compromise between the parties as per the terms herein and dispose the appeal in the interest of justice and equity.” In view of the aforesaid facts and circumstances, I deem it just and appropriate to dispose of this appeal in terms of the compromise petition and modify the impugned judgment and decree in terms of the compromise petition. 3. In the result, the following: ORDER a. The regular first appeal is hereby disposed off, in terms of the compromise petition as referred to supra, entered into between the appellant and the respondent. b. The impugned judgment and decree dated 06.03.2021, passed by the Senior Civil Judge and ACJM, Karkala, in O.S.No.97/2014 stands modified in terms of the compromise petition. c. The Registry is directed to refund the entire Court fee paid on the memorandum of appeal to the respondent forthwith without any delay. - 6 - HC-KAR NC: 2025:KHC:44796 RFA No. 322 of 2024 d. The amount of `2,00,000/- deposited by the appellant in Execution Petition No.43/2022, is directed to be released/disbursed by the Executing Court in favour of the respondent – plaintiff immediately and without any delay. e. The entire Court fee paid by the respondent - plaintiff in the suit before the trial Court in O.S.No.97/2014 is directed to be released in favour of the respondent - plaintiff immediately without any delay. f. Registry of this Court is directed to draw the decree accordingly. g. Re-list on 05.04.2026 at 02.30 p.m. to report compliance. Sd/- (S.R.KRISHNA KUMAR) JUDGE NVJ List No.: 1 Sl No.: 2 CT:SS