- 1 - HC-KAR NC: 2026:KHC:9049 RFA No. 346 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR REGULAR FIRST APPEAL NO.346 OF 2022 (MON) BETWEEN: SRI. P GANESHAN AGED ABOUT 46 YEARS, S/O PONNUSWAMY R/AT NO.22, ARUNODAYA NILAYA NEAR MARAMMA TEMPLE LAKE ROAD, BAGALAGUNTE BANGALORE-560 073. …APPELLANT (BY SRI. MUSHTAQ AHMED, ADVOCATE) AND: SMT. LAKSHMI W/O MURALIDHARA AGED ABOUT 48 YEARS, R/AT NO.698 15TH MAIN, 1ST CROSS, GOKUL 1ST STAGE, MATHIKERE, BANGALORE-560 054. …RESPONDENT (BY SRI. LOKESH B., ADVOCATE) THIS RFA IS FILED UNDER SECTION 96 OF CPC AGAINST THE JUDGMENT AND DECREE DATED 27.11.2021 PASSED IN OS NO.6390/2015 ON THE FILE OF THE XLII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU, DECREEING THE SUIT FOR RECOVERY OF MONEY. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:9049 RFA No. 346 of 2022 ORAL JUDGMENT This appeal is directed against the impugned judgment and decree dated 27.11.2021 passed in O.S.No.6390/2015 by the XLII Addl. City Civil & Sessions Judge, Bengaluru (CCH-No.43), whereby the said suit filed by the respondent – plaintiff against the appellant – defendant, for recovery of money was allowed by the Trial Court. 2. Learned counsel for the appellant – defendant and learned counsel for the respondent – plaintiff have filed a Joint Memo dated 12.02.2026 duly signed by the appellant, respondent and their respective counsel and the same is taken on record. 3. Appellant – defendant and his counsel and respondent – plaintiff and her counsel are physically present before the Court and they admit the contents of the Joint Memo dated 12.02.2026. Parties are identified by their respective counsel. The Joint Memo reads as under:- “JOINT MEMO The Appellant and Respondent in the above case hereby files this joint memo for disposal of the case and it is agreed by the Appellant that, he is ready to pay a sum of - 3 - HC-KAR NC: 2026:KHC:9049 RFA No. 346 of 2022 Rs.3,50,000/- (Rs. Three lakhs Fifty Thousand only) out of the said amount, the Appellant has already deposited a sum of Rs.1,00,000/- (Rs. One lakh only) before this Hon'ble Court in this appeal, remaining sum of Rs.2,50,000/- (Rs. Two lakhs Fifty Thousand only) the Appellant is paying the said amount within 20 days from the date of this Joint Memo and the Appellant. The Appellant and Respondent herewith pray that this Hon'ble Court be pleased to close this appeal as settled in the interest of justice and equity.” 4. In view of the aforesaid settlement entered into between the appellant and respondent, I pass the following: ORDER (i) The appeal is hereby allowed and disposed of in terms of Joint Memo dated 12.02.2026. (ii) The judgment and decree dated 27.11.2021 passed in O.S.No.6390/2015 by the XLII Addl. City Civil & Sessions Judge, Bengaluru (CCH No.43), is hereby set aside. (iii) The suit of the appellant – defendant is disposed of in terms of the aforesaid Joint Memo dated 12.02.2026 by modifying the impugned judgment and decree passed by the Trial Court and substituting the same with the terms and conditions of the aforesaid Joint Memo. Registry is directed to draw up decree accordingly. - 4 - HC-KAR NC: 2026:KHC:9049 RFA No. 346 of 2022 (iv) Registry of this Court is directed to refund the entire (100%) Court fee paid by the appellant – defendant on the Memorandum of Appeal back to the respondent – plaintiff, forthwith, without any delay. (v) Registry of the Trial Court is directed to refund the entire (100%) Court fee paid by the respondent – plaintiff on the plaint back to the respondent – plaintiff immediately upon receipt of a copy of this order. Re-list on 09.03.2026 at 02.30 P.M. for compliance of this order. Sd/- (S.R.KRISHNA KUMAR) JUDGE SV List No.: 3 Sl No.: 3