Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:47043 CRP No. 114 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA CIVIL REVISION PETITION NO. 114 OF 2022 (SC) BETWEEN:
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DIA CARE OFFICE AT NO.10 ANJANEYA NAGAR BSK III STAGE BACK SIDE NCERT PUBLICATION BENGALURU-560085 REPRESENTED BY ITS PROPRIETOR SMT V SHOBHA REPRESENTED BY ITS POWER OF ATTORNEY SRI SHANKARE GOWDA …PETITIONER (BY SRI. ANAND KUMAR, ADVOCATE FOR SRI. VASANTH MADHAVA S., ADVOCATE) AND:
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S S ENTERPRISES REPRESENTED BY ITS PROPRIETOR SRI A T BALAJINATH SON OF A T THIMMAPPA SETTY NO.PLOT NO.205 BILAD DYNASTY BEHIND BETHASDA CHURCH K S TOWN BENGALURU - 560 060. …RESPONDENT (BY SRI. G.R. MOHAN, ADVOCATE)
THIS CRP IS FILED UNDER SECTION 18 OF SMALL CAUSES COURT ACT AGAINST THE JUDGMENT AND DECREE Digitally signed by SHARADAVANI B Location: High Court of Karnataka
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HC-KAR NC: 2025:KHC:47043 CRP No. 114 of 2022 DATED 13.01.2022 PASSED IN SC.No.963/2016 ON THE FILE OF THE XVIII ADDITIONAL JUDGE, COURT OF SMALL CAUSES, BENGALURU, DECREEING THE SUIT FOR RECOVERY OF MONEY.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE V SRISHANANDA ORAL ORDER
1. Parties are present before the Court. They present a compromise petition under Order XXIII Rule 3 of the Code of Civil Procedure signed by the parties and their respective advocates, which reads as under:
" The Petitioner and the Respondent respectfully submits as follow: The Respondent/Plaintiff filed a suit for recovery of a sum of Rs. 1, 97,535/- together with interest at the rate of 18% p.a., and the suit came to be decreed on 13/1/2022. Aggrieved by the
judgment and decree the petitioner/defendant has filed this revision petition and has deposited 25% of the decretal amount as per the interim order.
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HC-KAR NC: 2025:KHC:47043 CRP No. 114 of 2022 At the instance of the well-wishers and discussions between the petitioner and the respondent, it was decided to settle the matter and accordingly this application/petition is filed. The Petitioner shall pay the decretal amount together with an interest of10% as against the interest of 18% imposed by the Hon'ble Trial court. The petitioner/defendant shall pay the decretal amount to the plaintiff/ respondent together with 10% p.a., instead of 18% p.a., decreed by the Trial Court and accordingly the said amount will be paid to the plaintiff/respondent within 45 days from the date of this petition. The Plaintiff/respondent is entitled to withdraw the amount deposited by the petitioner pursuant to interim order. Wherefore the petitioner/Defendant and the respondent/plaintiff prays that the Hon'ble Court may be pleased to record this compromise Petition by modifying the decree passed by the Trial court By Permitting the Petitioner/defendant to pay the decretal amount together with 10% interest instead of the interest of 18% imposed by the Trial court and accordingly dispose of this civil revision petition, in the interest of justice and equity".
2. Contents of the compromise petition are read over to the parties and they agree that the said terms
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HC-KAR NC: 2025:KHC:47043 CRP No. 114 of 2022 depict the true terms of settlement and there is no force or undue influence or coercion in reaching out the terms of the compromise.
3. Hence, there is no impediment for this Court to accept the compromise petition and modify the decree in terms of the compromise petition.
4. Hence, following order:
ORDER (i) Revision petition stands disposed off in terms of the compromise petition. (ii) Office is directed to pass modified decree in terms of the compromise petition appending the copy of the compromise petition as part of the decree. (iii) Amount in deposit is ordered to be withdrawn by the respondent under due identification.
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HC-KAR NC: 2025:KHC:47043 CRP No. 114 of 2022 (iv) Refund of permissible court fee is allowed. Sd/- (V SRISHANANDA) JUDGE SNC CT-SG List No.: 1 Sl No.: 44