- 1 - HC-KAR NC: 2025:KHC:47779-DB R.F.A. No.2156/2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF NOVEMBER, 2025 PRESENT THE HON'BLE MRS. JUSTICE ANU SIVARAMAN AND THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL REGULAR FIRST APPEAL NO.2156/2023 (MON) BETWEEN: MR. ANKITH A. BHAT AGED 27 YEARS S/O MR. ANANTHARAMA R./AT NO.403, 4TH FLOOR FALCON NEST APARTMENT 1ST A CROSS, NAGAVARA PALYA KAGGADASAPURA MAIN ROAD C V RAMANAGAR POST BANGALORE - 560093. …APPELLANT (BY SRI. GURUMURTHY N, ADV.,) AND: MR. DEVARAJ .S AGED ABOUT 31 YEARS S/O LAE SRINIVAS K R/AT NO.6, NAGAPPA STREET MUNESHWARA BLOCK NEXT TO MUNESHWARA TEMPLE PALACE GUTTAHALLI BANGALORE - 560003. …RESPONDENT (BY SRI. PRABHAKARA T.C. ADV.,) Digitally signed by ARSHIFA BAHAR KHANAM Location: High Court Of Karnataka - 2 - HC-KAR NC: 2025:KHC:47779-DB R.F.A. No.2156/2023 THIS RFA IS FILED UNDER SECTION 96 READ WITH ORDER XLI RULE 1 OF CPC, PRAYING TO CALL FOR RECORDS OF THE ORIGINAL SUIT BEARING O.S.NO.8805/2019 AND SET ASIDE THE JUDGMENT AND DECREE DATED JUNE 2, 2023 ON THE FILE OF THE LVI ADDITIONAL CITY CIVIL AND SESSIONS JUDGE BENGALURU (CCH-57) & ETC. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN and HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL) This appeal is filed challenging the judgment and decree dated 02.06.2023 passed in O.S.No.8805/2019 by the LVI Additional City Civil and Sessions Judge, Bengaluru. 2. During the pendency of this appeal, matter was referred to Karnataka Mediation Centre. It is submitted that the matter is settled between the parties and they have signed the memorandum of settlement before the mediation centre. - 3 - HC-KAR NC: 2025:KHC:47779-DB R.F.A. No.2156/2023 3. The appellant and the respondent are present in-person before the Court and they have been identified by their respective counsel. They submit that the memorandum of settlement is signed on their own volition. The terms of the memorandum 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 The parties above named submit as follows:- I. The aforesaid petition was referred to mediation for resolving the dispute between the parties. In the course of mediation, the petitioners were present along with their counsel and the parties have identified each other and have resolved their dispute and have agreed to the following terms and conditions: 1. Both the parties have mutually agreed to settle the claim amount to an extent of Rs.9,50,000/- (Rupees Nine Lakhs Fifty Thousand Only) towards all his suit claim as full and final settlement from the appellant including the claims preferred in C.C.9534/2025 pending on the file of 19th ACJM., Bengaluru. 2. In pursuance to the afore settlement mutually arrived at between both the parties the appellant herein undertakes to pay the agreed sum of Rs.9,50,000/- (Rupees Nine Lakhs Fifty Thousand Only) to the respondent within the three months from the date of settlement by way of demand draft before the Hon'ble High Court of Karnataka in RFA 2156/2023 as full and final settlement. - 4 - HC-KAR NC: 2025:KHC:47779-DB R.F.A. No.2156/2023 3. It is further mutually agreed between the parties that on the receipt of the aforesaid claim amount of Rs.9,50,000/-(Rupees Nine Lakhs Fifty Thousand Only) the respondent undertakes to withdraw / close C.C.No.9534/2025 filed by him pending on the file of 19th ACJM., Bengaluru against the appellant. 4. Both the parties state that they have no other claims against each other except the aforesaid amount stated above. 5. Both the parties state that they have arrived at this agreement out of their own free will and volition and without any undue influence, fraud or force. II. In view of the aforesaid agreement entered into between the parties, the parties pray Hon'ble Court to dispose of the appeal in terms of the aforesaid agreement. IV. Parties will appear before the Hon'ble High Court for passing decree/orders in terms of the agreement. V. In view of the aforesaid agreement, the appellant pray for refund of the institution court fee paid." 4. We have perused the memorandum of settlement. It is in accordance with law. 5. Learned counsel for the appellant has handed over a demand draft for a sum of Rs.4,60,000/- to the respondent, who acknowledges receipt of the same. - 5 - HC-KAR NC: 2025:KHC:47779-DB R.F.A. No.2156/2023 6. Learned counsel for the appellant, on instructions from his client, submits that the appellant has deposited Rs.2,00,000/- before this Court and the said amount may be transferred to the respondent. He further submits that he has paid the Court fee on the appeal and the eligible Court fee may also be transferred to the respondent towards settlement. 7. The parties have filed a joint memo dated 19.11.2025, which reads as under: "JOINT MEMO The appellant and respondent respectfully submits as follows: 1. The matter is settled before the KMC dtd. 18.08.2025 for Rs.9,50,000/- (Nine Lakhs Fifty Thousand). That, amount should be payable within 3 months from the date of the Medication Report. The appellant paid Court Fee of Rs.90,500/- at the time of filing of the Appeal. 2. The appellant also deposited Rs.2,00,000/- on 25.05.2025, the appellant request this Hon'ble Court order for Rs.2,90,000/-in favour of the respondent, the respondent also agreed to receive the deposited amount. 3. Today the appellant paid Rs.4,60,000/- through DD in favour of the respondent. The DD also handed over to the respondent, DD No. 032571, dtd. 18.11.2025 of HDFC Bank, Bengaluru. 4. For remaining balance amount of Rs.2.00 lakh. The appellant issued Post date cheque No. 000008, dtd. - 6 - HC-KAR NC: 2025:KHC:47779-DB R.F.A. No.2156/2023 19.12.2025, Drawn on HDFC Bank, Bengaluru, in favour of the respondent, the respondent also agreed for the above terms and conditions." 8. Learned counsel for the respondent assures that as agreed before the Mediation Centre, they will withdraw the pending criminal cases. 9. Said submission is placed on record. 10. In view of the aforesaid settlement arrived at between the parties before the Karnataka Mediation Centre and the joint memo, the appeal is disposed of. 11. Registry is directed to refund Rs.2,00,000/- deposited by the appellant in favour of respondent- digitally on proper identification. Further the Registry is directed to refund the eligible Court fee in favour of the respondent, which is agreed by the appellant. 12. It is noticed that the appellant has paid Rs.2,00,000/- by way of post dated cheque. It is made clear that if the balance amount of Rs.2,00,000/- is not - 7 - HC-KAR NC: 2025:KHC:47779-DB R.F.A. No.2156/2023 realized as agreed, it is open for the respondent to execute the decree to the said extent. Registry shall draw the decree accordingly. Sd/- (ANU SIVARAMAN) JUDGE Sd/- (VIJAYKUMAR A. PATIL) JUDGE PN/BSR List No.: 1 Sl No.: 52