- 1 - HC-KAR NC: 2025:KHC:32520 RFA No. 436 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA REGULAR FIRST APPEAL NO.436 OF 2023 (MON) BETWEEN: SRI B.S. VISWANATH S/O LATE SRI SURYANARAYANA BHATTA AGED ABOUT 72 YEARS, R/AT “ADVAITHA”, NO.571, 15TH MAIN, 10TH CROSS, PADMANABHANAGAR, BENGALURU-560070. …APPELLANT (BY SRI PRADEEP NAIK K., ADVOCATE) AND: SMT. ROOPA SHASTRY @ RASHMI W/O SRI UMESH L. SHASTRY, AGED ABOUT 36 YEARS, R/A FLAT NO.D3, 3RD FLOOR, RAJASADAN APARTMENTS, 1ST MAIN, SUDHARSHAN LAYOUT, GATTIGERE MAIN ROAD, RAJESHWARINAGAR, BENGALURU-560072 AND ALSO AT VADAMATHA, NO.88, 9TH CROSS, R.K. LAYOUT, 2ND STAGE, NAGARABAVI, BENGALURU-560098. …RESPONDENT (BY SRI PARAMESHWAR N. HEGDE, ADVOCATE) THIS RFA IS FILED UNDER SECTION 96 R/W ORDER 41 RULE 1 OF CPC AGAINST THE JUDGMENT AND DECREE DATED 02.12.2022 PASSED IN O.S.NO.4246/2017 ON THE FILE OF THE XXXIX ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU CITY, DISMISSING THE SUIT FOR RECOVERY OF MONEY. Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:32520 RFA No. 436 of 2023 THIS APPEAL COMING ON FOR FURTHER HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE K.S. HEMALEKHA ORAL JUDGMENT The joint memo is filed by the appellant-plaintiff and respondent-defendant, which reads as under: “It is submitted that, the appellant/plaintiff and the respondent/defendant have mututllay agreed to settle their dispute amicably. In furtherance of the settlement the respondent/defendant is hereby paying a sum of Rs.1,00,000/- through D.D No.672418 dated 20.08.2025 Drawn on RBL Bank Gandhinagar Branch to the appellant/plaintiff as full and final settlement. In view of the above the appellant/plaintiff hereby declare that he has no further claim against the respondent/defendant. In view of the above, the instant appeal may be disposed of by recording the joint memo.” 2. The said joint memo is taken on record. - 3 - HC-KAR NC: 2025:KHC:32520 RFA No. 436 of 2023 3. Today (20.08.2025), the respondent has handed over a demand draft bearing No.672418 dated 28.08.2025 for a sum of Rs.1,00,000/- to the appellant towards full and final settlement. The appellant has acknowledged the same. 4. The appellant and respondent are present before this Court and are duly identified by their respective counsel. 5. The joint memo is signed by the appellant, respondent as well as their counsel. The parties submit that they have entered into settlement embodied in the joint memo out of their own free will, without coercion or undue influence. 6. In view of the settlement arrived at between the parties, the appeal stands disposed of in terms of the joint memo. A decree to be drawn accordingly. - 4 - HC-KAR NC: 2025:KHC:32520 RFA No. 436 of 2023 The appellant shall be entitled for refund of the Court fee, if any, in accordance with law. Sd/- ____________________ JUSTICE K.S. HEMALEKHA AT List No.: 1 Sl No.: 19