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2026 DAILYLAW 14345 (KAR)

SMT KAMALAMMA v. MOHAN KUMAR B S

RFA/2711/2025 · 2026-02-12

Sachin Shankar Magadum

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:9345 RFA No. 2711 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM REGULAR FIRST APPEAL NO. 2711 OF 2025 (MON) BETWEEN: SMT. KAMALAMMA, W/O RENUKAIAH, AGED ABOUT 56 YEARS, R/AT GANDSI HOBLI, KENKERE POST AND VILLAGE, ARASIKERE TALUK, HASSAN DISTRICT - 573 121. …APPELLANT (BY SRI. RAVI H K., ADVOCATE) AND: 1. MOHAN KUMAR B.S., S/O SIDDEGOWDA, AGED ABOUT 32 YEARS, NO.85, BBMP ROAD, KALABYRAWESHWAR NAGAR, THIPPENAHALLI, DODDABIDARAKALLU, BENGALURU - 560 073. 2. THE DIRECTORATE OF POSTAL LIFE INSURANCE, CHANAKYAPURI P.O. COMPLEX, 1ST FLOOR, NEW DELHI - 110 021. Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:9345 RFA No. 2711 of 2025 3. THE CHIEF POST MASTER, POSTAL LIFE INSURANCE, CPC, RAJAJINAGAR HEAD POST OFFICE, BENGALURU - 560 010. 4. THE CHIEF POSTMASTER, PLI, BENGALURU GPO, BENGALURU - 560 001. …RESPONDENTS (BY SRI.S.K.KALLEGOWDA, ADVOCATE FOR C/R1; SRI.UNNIKRISHNAN M., ADVOCATE FOR R2 TO R4) THIS RFA IS FILED U/S. 96 OF CPC AGAINST THE JUDGMENT AND DECREE DATED 30.10.2025 PASSED IN OS NO. 4416/2023 ON THE FILE OF THE C/C. XLIII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU, PARTLY DECREEING THE SUIT FOR RECOVERY OF MONEY. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM ORAL JUDGMENT The captioned appeal is by defendant No.1 assailing the money decree. 2. At the request of the learned counsel appearing for the respective parties and with their consent, the matter was referred to the Mediation Centre in exercise of powers under Section 89 of the Code of Civil Procedure, - 3 - HC-KAR NC: 2026:KHC:9345 RFA No. 2711 of 2025 1908. Pursuant to such reference, both parties appeared before the learned Mediator and, after deliberations, have amicably resolved the dispute. A Memorandum of Settlement duly signed by the parties and their respective counsel has been drawn in terms of Section 89 CPC read with the relevant Mediation Rules. The said Memorandum of Settlement has been placed before this Court for appropriate orders. 3. On perusal of the terms of settlement, it is evident that the parties have voluntarily and without any coercion agreed to bring the litigation to a quietus. The defendant has agreed to pay a sum of `3,00,000/- (Rupees Three Lakhs only) towards full and final settlement of all claims arising out of the subject matter of the appeal. It is specifically recorded in the Memorandum of Settlement that the said amount has been paid by way of Demand Draft bearing No.700317 and that the plaintiff has acknowledged receipt of the same in full satisfaction of his claim. In view of the said acknowledgment and the - 4 - HC-KAR NC: 2026:KHC:9345 RFA No. 2711 of 2025 comprehensive settlement arrived at between the parties, nothing further survives for adjudication in the present appeal. 4. This Court is satisfied that the settlement has been entered into voluntarily, that it is lawful, and that it effectively resolves the entire dispute between the parties. Accordingly, the Memorandum of Settlement is taken on record and accepted. 5. In view of the above, this Court proceeds to pass the following: ORDER i. The appeal stands disposed of in terms of the Memorandum of Settlement entered into between the parties before the Mediation Centre. ii. The judgment and decree under challenge stand modified in terms of the said settlement. - 5 - HC-KAR NC: 2026:KHC:9345 RFA No. 2711 of 2025 iii. The terms and conditions incorporated in the Memorandum of Settlement shall form part and parcel of this decree and shall be enforceable as such. iv. The Registry is directed to refund the court fee to the appellant, if permissible, in accordance with law. v. In view of the settlement and full satisfaction of the claim, the lien, if any, over the bond marked as Ex.P.3 stands discharged. vi. Draw decree accordingly. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE HDK List No.: 1 Sl No.: 32