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2025 DAILYLAW 75260 (KAR)

SMT. K R JAYASHEELA v. SRI. B S KIRAN

RFA/618/2019 · 2025-11-05

Hanchate Sanjeevkumar

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Judgment text

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- 1 - HC-KAR NC: 2025:KHC:44570 RFA No. 618 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR REGULAR FIRST APPEAL NO. 618 OF 2019 (MON) BETWEEN: SMT. K.R. JAYASHEELA AGED ABOUT 43 YEARS, W/O. LATE. DR. M MANOJ, PROPRIETRIX, M/S. UNITY LIFELINE HOSPITAL, EKADANTA, NO. 193, 2ND BLOCK, 32ND STAGE, NAGARBHAVI, BANGALORE – 560 072 …APPELLANT (BY SRI. C.R. RAVISHANKAR, ADVOCATE) AND: SRI. B.S.KIRAN S/O. SRI. SHIVALINGAIAH, SINCE DEAD BY HIS LR, SMT. CHETHANA, W/O. LATE. B S KIRAN, R/AT NO. 128/B, LAKSHMI KRIPA, GH ROAD, ASHOK NAGAR, MANDYA - 571 401 …RESPONDENT (BY SRI. D. PRABHAKAR, ADVOCATE) THIS RFA FILED U/S.96 OF CPC 1908 AGAINST THE JUDGMENT AND DECREE DATED 31.10.2018 PASSED IN OS.NO.2224/2012 ON THE FILE OF THE XXXVIII ADDL. CITY CIVIL AN SESSIONS JUDGE BANGALORE CITY PARTLY DECREEING THE SUIT FOR RECOVERY OF MONEY. Digitally signed by RAMYA D Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:44570 RFA No. 618 of 2019 THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR ORAL JUDGMENT Learned counsel for the appellant has filed a joint memo stating that the matter is settled between the appellant and respondent and prays for decree accordingly. 2. The appellant is present before this Court and respondent is absent, but the learned counsel for the respondent submitted that he is authorized to enter into a compromise on behalf of respondent. 3. Upon enquiry, the appellant stated that there is no role of coercion to make settlement, but that on their own will and wish, the appeal is settled. Hence, requested the Court to pass decree in terms of the joint memo. 4. Therefore, the joint memo filed today is placed on record. - 3 - HC-KAR NC: 2025:KHC:44570 RFA No. 618 of 2019 5. Accordingly, the appeal is disposed of in terms of joint memo. 6. Draw decree accordingly in terms of joint memo and certified copy of the joint memo shall be part and parcel of the decree. 7. The appellant is directed to produce details of the deposit made by the appellant before the Trial Court and the Trial Court is directed to disburse the said amount in favour of respondent upon the necessary application filed in this regard. 8. Registry is directed to refund the Court fee paid by the appellant/defendant upon proper verification as per rules. SD/- (HANCHATE SANJEEVKUMAR) JUDGE SRA List No.: 1 Sl No.: 13