- 1 - HC-KAR NC: 2025:KHC:46013 RSA No. 705 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE RAJESH RAI K REGULAR SECOND APPEAL NO. 705 OF 2019 (MON) BETWEEN: 1. SMT. PRAVEENA, W/O LATE VASANTHA KUMAR, AGED ABOUT 49 YEARS, DIRECTOR, ZILLA VOKKALIGARA SANGHA. 2. S.V.PRAVARDHAN, S/O LATE VASANTH KUMAR, AGED ABOUT 23 YEARS. 3. S.V.KRISHNA, S/O LATE VASANTH KUMAR, AGED ABOUT 21 YEARS. ALL R/AT BUS STAND ROAD, SAKHARAYAPATNA VILLAGE AND POST, KADUR TALUK, CHIKKAMAGALURU DISTRICT-577 101. …APPELLANTS (BY SRI MAHESH B J, ADVOCATE [PH]) AND: N LAXMANA GOWDA, S/O LATE NIRVANE GOWDA, AGED ABOUT 49 YEARS, BUSINESSMAN, R/O MUGTHIHALLI VILLAGE AND POST, CHIKKAMAGALUR TALUK-577 101. …RESPONDENT (BY SRI GIRISH B BALADARE, ADVOCATE) Digitally signed by NANDINI R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:46013 RSA No. 705 of 2019 THIS RSA IS FILED U/S. 100 OF CPC., AGAINST THE JUDGEMENT & DECREE DATED 21.01.2019 PASSED IN R.A.NO.63/2018 ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE, CHIKKAMAGALURU, ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGEMENT AND DECREE DATED 23.07.2018 PASSED IN OS.NO.521/2014 ON THE FILE OF THE II ADDITIONAL CIVIL JUDGE, JR.DN., CHIKMAGALURU. THIS APPEAL, COMING ON FOR REPORTING SETTLEMENT, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE RAJESH RAI K ORAL JUDGMENT Learned counsel appearing for the respective parties filed a joint memo reporting the settlement arrived between the parties. The memo reads as under: "1. The Appellants have filed the above appeal challenging the Judgement and decree dated: 21-01- 2019 passed in R.A. No: 63/2018, whereby the appellate court having allowed the appeal consequently decreed the O.S. No: 521/2014, filed by the Respondent herein. 2. It is submitted that, now at the intervention of friends and well-wishers of both the parties and also at the advice of council of the respective parties, they have negotiated and settled the dispute among themselves amicably. 3. It is submitted that, in terms of the settlement, arrived between the parties, the appellants have agreed to pay a sum of Rs. 1,80,000/- (Rupees One Lakh Eighty Thousand only) towards full and final - 3 - HC-KAR NC: 2025:KHC:46013 RSA No. 705 of 2019 settlement of the claim made by the respondent/plaintiff in O.S. No: 521/2014 and further respondent has also agreed to receive Rs. 1,80,000/- towards full and final settlement of the claim made by him against the appellants herein in the said suit. 4. It is submitted that, today the appellants have paid the agreed amount of Rs. 1,80,000/- in favour of the respondent as follows - a) Rs. 1.50.000/- (Rupees One Lakh Fifty Thousand only) by way of demand draft bearing No: 198679 dated: 10-11-2025 drawn on Canara Bank, in favour of the Respondent. b) Rs. 30,000/- (Rupees Thirty Thousand only) by way of cash. The Respondent duly acknowledges the said payment. 5. That, in terms of the settlement, the Respondent shall not have any further claim against the appellants with respect to judgement and decree dated: 23-07-2018 passed in O.S. No:521/2014. 6. That, both the parties have arrived to the settlement in the manner referred above and executed this joint memo out of their free will and consent and there is no threat or coercion on either of the parties in any manner whatsoever. WHEREFORE, both the parties above named humbly pray that, this Hon'ble court be pleased to permit the appellants to withdraw the above appeal, in terms of the above settlement. Further the office may kindly be directed to refund the court fee, through online transaction, to the account of the Appellant No.1, in the interest of justice and equity." 2. Both the parties are present before this Court and the respondent acknowledged for having received a - 4 - HC-KAR NC: 2025:KHC:46013 RSA No. 705 of 2019 sum of Rs.30,000/- through cash and Rs.1,50,000/- by way of Demand Draft bearing No.198679 dated 10.11.2025 drawn on Canara Bank. 3. The settlement is as per law and not opposed by any statute. Hence, the same is accepted. In terms of the joint memo, the appeal is disposed of. Registry is directed to refund the Court Fee as per law to appellant No.1. Sd/- (RAJESH RAI K) JUDGE NR/- List No.: 1 Sl No.: 36