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2025 DAILYLAW 89761 (KAR)

SMT ROHINI MAHASWAMY v. AKSHAY VISION

RFA/1135/2009 · 2025-12-18

V Srishananda

Original Suitbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:54298 RFA No. 1135 of 2009 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA REGULAR FIRST APPEAL NO.1135 OF 2009 (MON) BETWEEN: SMT ROHINI MAHASWAMY SINCE DECEASED BY HER LEGAL REPRESENTATIVE SRI M R MAHASWAMY AGED ABOUT 57 YEARS, EMPLOYEE IN CORPORATION BANK, BRANCH OFFICE SITUATED AT MAHADEVAPURA BANGALORE -560 048. …APPELLANT (BY SRI G B MANJUNATHA, ADVOCATE) AND: 1. AKSHAY VISION NO.872, 5TH CROSS, 1ST STAGE, GOKULA 1ST PHASE, MATHIKERE BANGALORE -560 050, REPRESENTED BY ITS PROPRIETRIX, SMT K N SUMA, AGED ABOUT 45 YEARS, 2. THE DIRECTOR DOORDARSHANA KENDRA J C NAGAR BANGALORE. Digitally signed by MALATESH K C Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:54298 RFA No. 1135 of 2009 3. THE LIFE INSURANCE CORPORATION OF INDIA CB-27, BRANCH AT R.T.NAGAR, P.B.NO.2401, NO.37, 10TH CROSS, LAKSHMAIAH BLOCK, GANGANAGAR BANGALORE -560 024 REPRESENTED BY ITS BRANCH MANAGER. …RESPONDENTS (BY SRI K.L.SREENIVAS, ADVOCATE FOR C/R1; SRI H.MALLAN GOUD, ADVOCATE FOR R2, SRI G.NATARAJ, ADVOCATE FOR R3) THIS RFA IS FILED UNDER SECTION 96 OF CODE OF CIVIL PROCEDURE AGAINST THE JUDGMENT AND DECREE DATED 31.07.2009 PASSED IN O.S.NO.5081/2003 ON THE FILE OF THE XXVII-ADDL. CITY CIVIL JUDGE, BANGALORE, DECREEING THE SUIT OF THE RECOVERY OF MONEY. THIS APPEAL, COMING ON FOR REPORTING SETTLEMENT, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE V SRISHANANDA ORAL JUDGMENT Joint memo is filed signed by the parties and their respective advocates. 2. As per the joint memo, the decreetal claim is restricted to sum of Rs.1,50,000/- to be paid in two instalments. - 3 - HC-KAR NC: 2025:KHC:54298 RFA No. 1135 of 2009 3. Contents of the joint memo depicts that demand draft bearing No.637550, in a sum of Rs.75,000/- dated 18.12.2025, drawn on Union Bank of India, Basavanagudi Branch, Bengaluru is tendered by the petitioner/appellant in favour of respondent No.1. Same is acknowledged in the order sheet. The balance sum of Rs.75,000/- is agreed to be paid on or before 31.01.2026 by way of demand draft. 4. Amount in deposit in a sum of Rs.1,50,000/- is ordered to be withdrawn by the respondent No.1 under due identification. 5. On payment of the balance amount Rs.75,000/- on or before 31.01.2026, the appellant is entitled to take back TSKCC fixed deposit certificates dated 07.01.2010 and 06.03.2012 issued by the Corporation Bank, Mahadevapura Branch, Bengaluru under due identification. 6. Accordingly, the following: ORDER (i) Appeal stands disposed of in terms of the joint memo. - 4 - HC-KAR NC: 2025:KHC:54298 RFA No. 1135 of 2009 (i) Office is directed pass modified decree in terms of the joint memo appending copy of the joint memo as part of the decree. (ii) Order accordingly. Sd/- (V SRISHANANDA) JUDGE MR