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2025 DAILYLAW 89004 (KAR)

SRI. JOHN A MONIS v. SRI. ROBERT D SOUZA

CRP/381/2023 · 2025-11-27

V Srishananda

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:49346 CRP No. 381 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA CIVIL REVISION PETITION NO. 381 OF 2023 BETWEEN: 1. SRI. JOHN A MONIS S/O LATE SANTHAN MONIS, AGED ABOUT 59 YEARS, PROPRIETOR, DIRVEM KONKANI WEEKLY, FIRST FLOOR, PINTO COMPLEX, BIKARNAKATTE, MANGALURU D K - 575005 …PETITIONER (BY SRI. HALEEMA AMEEN, ADVOCATE) AND: 1. SRI. ROBERT D SOUZA S/O ISIDORE D SOUZA, AGED ABOUT 66 YEARS, R/AT PUNJIALKATTE HOUSE, PLATHABETTU VILLAGE, BANTWALA TALUK - 574 224 …RESPONDENT (BY SRI. ROHITH GOWDA B.J., ADVOCATE) THIS CRP IS FILED UNDER SEC.115 OF CPC., AGAINST THE JUDGEMENT AND DECREE DATED 11.02.2020 PASSED IN SC NO.2/2016 ON THE OF THE PRINCIPAL SENIOR CIVIL Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:49346 CRP No. 381 of 2023 JUDGE AND JMFC., BANTWAL.D.K DECREEING THE SUIT FOR RECOVERY OF MONEY. THIS PETITION, COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE V SRISHANANDA ORAL ORDER 1. Heard Smt. Haleema, learned counsel for the petitioner and Sri. Rohith Gowda B.J., learned counsel for the respondent. 2. Defendant is the revision petitioner challenging the judgment and decree passed in S.C. No.2/2016. Operative portion of the decree reads as under: "The suit of the plaintiff is hereby partly decreed with costs as follows: The plaintiff is entitle for recovery of amount of Rs.50,000/- (Rupees Fifty Thousand) from the defendant. The plaintiff is entitle for interest at the rate of 16% p.a. from 04.01.2016 to 04.07.2016 on principal sum of Rs.50,000/- (Rupees Fifty Thousand). The plaintiff is also entitle for future interest at the rate of 9% p.a. from the date of the suit till its realization - 3 - HC-KAR NC: 2025:KHC:49346 CRP No. 381 of 2023 on the principal sum of Rs.50,000/- (Rupees Fifty Thousand). 3. At the outset, Smt. Haleema would submit that this Court may reduce the rate of interest as ordered by the Trial Court and allow the revision petition to that extent. 4. Per contra, Sri. Rohith Gowda would oppose the said submission. 5. Having heard both sides, this Court noted that rate of interest at 16% per annum from 04.01.2016 to 04.07.2016 on the principle sum of Rs.50,000/- is to be maintained. But the rate of future interest is reduced from 9% to 6% from the date of till realization. 6. With the above modification, the following: ORDER (i) Civil Revision Petition stands disposed off. - 4 - HC-KAR NC: 2025:KHC:49346 CRP No. 381 of 2023 (ii) Office to pass modified decree and plaintiff is entitled to recover the same in accordance with law. Sd/- (V SRISHANANDA) JUDGE SNC ct:SG List No.: 1 Sl No.: 40