- 1 - HC-KAR NC: 2025:KHC:34899 RFA No. 315 of 2015 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE RAVI V HOSMANI REGULAR FIRST APPEAL NO. 315 OF 2015 (DEC/INJ) BETWEEN: M/S. INDIAN GYMKHANA ESTABLISHED IN THE YEAR, 1932 HAVING ITS OFFICE AT NO.5 WHEELER ROAD, COX TOWN BANGALORE-560 005 REP BY ITS HONORARY SECRETARY MR M GOPAL REDDY …APPELLANT (BY SRI SUBRAMANYA R., ADVOCATE) AND: DR.R.N.ASHOK KUMAR XAVIER S/O LATE M ROYAL SINGH AGED ABOUT 56 YEARS R/AT NO.33/1, NETAJI ROAD CROSS FRAZER TOWN BANGALORE-560 005 …RESPONDENT (BY SRI SATYANAND B.S., ADVOCATE) THIS RFA FILED UNDER SECTION 96 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 23.09.2014 PASSED IN O.S.NO.15465/2006 ON THE FILE OF IV ADDL. CITY CIVIL AND SESSIONS JUDGE, MAYO HALL UNIT, BENGALURU (CCH-21), DECREEING THE SUIT FOR DECLARATION AND MANDATORY INJUNCTION. Digitally signed by GEETHAKUMARI PARLATTAYA S Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:34899 RFA No. 315 of 2015 THIS APPEAL IS COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE RAVI V HOSMANI ORAL JUDGMENT Challenging judgment and decree dated 23.09.2014 passed by IV Addl. City Civil and Sessions Judge (CCH-21), Mayo Hall Unit, Bengaluru, in O.S. no.15465/2006, this appeal is filed by defendant. 2. It was submitted, during pendency of appeal, by order dated 13.08.2025, matter was referred for mediation. Parties have participated in mediation, which has resulted in settlement and terms of which are drawn in agreement placed before Court and prayed that appeal may be disposed of in terms of settlement. 3. Terms of settlement reads as under: "MEMORANDUM OF SETTLEMENT UNDER SECTION 89 OF CPC READ WITH RULES 24 AND 25 OF THE KARNATAKA CIVIL PROCEDURE (MEDIATION) RULES, 2005 I. The Respondent/Plaintiff had filed the suit in O.S.No.15465/2006 on the file of the IV Addl. City Civil and Sessions Judge, Bengaluru (CCH- 21) against the Appellant/defendant to declare that the letter dated 05.03.2006 issued by the Defendant/Appellant null and void and to restore - 3 - HC-KAR NC: 2025:KHC:34899 RFA No. 315 of 2015 the membership of the Respondent/Plaintiff on the records of the Defendant/appellant Club i.e. M/s. Indian Gymkhana and the same was decreed in favour of the Respondent/plaintiff by its order dated 23.09.2014. The Hon'ble Court has directed Appellant/Defendant to restore the membership of Respondent/Plaintiff on records of the club and permit him to use and enjoy the facilities of the Defendant/appellant Club i.e. M/s. Indian Gymkhana. II. The defendant/appellant herein filed the above appeal challenging the order passed in O.S.No.15465/2006 passed by the IV Addl. City Civil and Sessions Judge, Bengaluru (CCH-21) dated 23.09.2014. III. The aforesaid appeal was referred to mediation for resolving the dispute between the parties. During the course of mediation, the Appellant/Defendant and the Respondent/Plaintiff along with their respective advocates were present and resolved their disputes and they have agreed and arrived the following terms and conditions : 1. In view of this settlement the Appellant/Defendant has agreed to restore accommodate/admit the Respondent/Plaintiff as ordinary member of the Appellant/Defendant club i.e. M/s Indian Gymkhana by paying the additional membership fee of Rs.1,44,831/- (Rupees One Lakh Forty Four Thousand Eight Hundred and Thirty One Only) by the Respondent/Plaintiff. The Respondent/Plaintiff has agreed for the same. 2. The Respondent/Plaintiff has paid the aforesaid agreed additional membership fees of Rs.1,44,831/- (Rupees One Lakh Forty Four Thousand Eight Hundred and Thirty One Only) to the Appellant/Defendant by way of cheque bearing No.381284 dated 26.08.2025 drawn on State Bank of India and the receipt of the same was acknowledged by the Appellant/Defendant club i.e. M/s Indian Gymkhana. - 4 - HC-KAR NC: 2025:KHC:34899 RFA No. 315 of 2015 3. The Appellant/Defendant undertakes to allow the Respondent/Plaintiff to utilize the facilities of the Appellant/Defendant club i.e. M/s Indian Gymkhana which are available to the members in terms of the By-laws of the Appellant/Defendant club. 4. That both the parties shall follow all the rules and regulations mentioned in the By-laws of the Appellant/ Defendant club i.e. M/s Indian Gymkhana. 5. The parties further state that there has been no collusion or force, fraud or any undue influence by any of the parties to enter into this compromise in the aforesaid manner. IV. In view of the aforesaid agreement, both the parties pray that this Hon'ble court may be pleased to pass appropriate orders in terms of the aforesaid agreement. V. Parties will appear before the Hon'ble Court for passing necessary orders in terms of the agreement." 4. Parties are present and identified by their respective counsel. On interaction, they stated, terms of compromise have been explained to them and after understanding, they have affirmed same out of their free will and volition without there being any threat, coercion and/or undue influence from anyone. 5. In terms of compromise, appellant has agreed to restore accommodate/admit respondent as member on payment of additional membership fee. It is submitted, - 5 - HC-KAR NC: 2025:KHC:34899 RFA No. 315 of 2015 respondent has paid additional membership fee of Rs.1,44,831/- by way of cheque bearing no.381284 dated 26.08.2025 drawn in favour of appellant. 6. I have perused terms of settlement and same are found to be lawful. Memorandum of settlement is taken on record and accepted. 7. Appeal is allowed to extent and in terms of settlement, modifying judgment and decree judgment and decree dated 23.09.2014 passed by IV Addl. City Civil and Sessions Judge (CCH-21), Mayo Hall Unit, Bengaluru, in O.S. no.15465/2006. Registry to draw decree incorporating terms of settlement. Sd/- (RAVI V HOSMANI) JUDGE AV List No.: 1 Sl No.: 57