Research › Search › Judgment

High Court of Karnataka · body

2026 DAILYLAW 23562 (KAR)

M/S VNG DEVELOPERS v. SRI CHIDURA LAXMA REDDY

COMAP/482/2023 · 2026-06-11

Anu Sivaraman, Venkatesh Naik T

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2026:KHC:28455-DB COMAP No. 482 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF JUNE, 2026 PRESENT THE HON'BLE MRS. JUSTICE ANU SIVARAMAN AND THE HON'BLE MR. JUSTICE VENKATESH NAIK T COMMERCIAL APPEAL NO. 482 OF 2023 BETWEEN: 1. M/S VNG DEVELOPERS BEING A REGISTERED PARTNERSHIP FIRM HAVING ITS REGISTERED OFFICE AT VILLA NO.7 RENAISSANCE PROSPERO APARTMENT BELLARY ROAD BYATARAYANAPURA BANGALORE 560092 ALSO HAVING A SITE OFFICE AT M/S VNG DEVELOPERS SY NO.91/1 AND 2 92/4 AND 5 THIRUMENAHALLI VILLAGE YELAHANKA HOBLI BANGALORE NORTH TALUK AND ALSO AT Digitally signed by PAVITHRA N Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:28455-DB COMAP No. 482 of 2023 M/S VNG DEVELOPERS PLOT NO.9 AMBIENCE FORT HYDERGUDA HYDERABAD 500048 REP. BY ITS MANAGING PARTNER MUKKA VINOD KUMAR 2. MUKKA VINOD KUMAR S/O HANUMANDLU AGED 55 YEARS 3. SRI HARI CHARAN MUKKA S/O MUKKA VINOD KUMAR AGED ABOUT 30 YEARS 4. SMT MUKKA VINITHA W/O MUKKA VINOD KUMAR AGED ABOUT 53 YEARS APPELLANT NO.2 TO 4 ARE PERMANANT R/O PLOT NO.9 AMBIENCE FORT, HYDERGUDA HYDERABAD 500048 5. RENIKINDI RAKESH S/O R ANJAIAH AGED ABOUT 36 YEARS - 3 - HC-KAR NC: 2026:KHC:28455-DB COMAP No. 482 of 2023 RA/T H NO 5-39-389 VIDYANAGAR COLONY KAMA REDDY TELANGANA STATE 503611 …APPELLANTS (BY SRI. KRISHNA MURTHY N., ADVOCATE) AND: 1. SRI CHIDURA LAXMA REDDY S/O MUTHAIAH AGED ABOUT 65 YEARS 2. SMT. CHIDURA RAMA DEVI W/O SRI CHIDURA LAXMA REDDY AGED ABOUT 61 YEARS 3. SRI CHIDURA UDAY REDDY S/O CHIDURA LAXMA REDDY AGED 45 YEARS RESPONDENT NO.1 TO 3 ARE R/T FLAT NO.501 LEGEND SOMA APARTMENT ST. NO.4 HIMAYATH NAGAR HYDERABAD 500029 - 4 - HC-KAR NC: 2026:KHC:28455-DB COMAP No. 482 of 2023 4. B V SRINIVASALU S/O LATE B VENKATARAMANAIAH AGED ABOUT 53 YEARS R/AT NO 11/730 THOGATA STREET DHARAMAVARAM ANATHAPURAM ANDRA PRADESH 515671 5. C SATHISH KUMAR S/O A K CHANDRA SHEKAR REDDY AGED ABOUT 47 YEARS 6. A R JYOTHI W/O C SATISH KUMAR AGED ABOUT 41 YEARS 7. GAGAN S/O C SATHISH KUMR AGED ABOUT 21 YEARS 8. S JASWATNH S/O C SATISH KUMR AGED ABOUT 13 YEARS MINOR REP. BY THIER NATURAL GUARIDAN/ FATHER C SATHISH KUMAR - 5 - HC-KAR NC: 2026:KHC:28455-DB COMAP No. 482 of 2023 9. C RAGHAVENDRA S/O A K CHANDRA SHEKAR REDDY AGED ABOUT 43 YEARS 10. SMT JAMUNA W/O C RAGHAVENDRA AGED ABOUT 38 YEARS 11. R MANOJ S/O C RAGHAVENDRA AGED ABOUT 17 YEARS MINOR REP BY THEIR NATURAL GUARDIAN / FATHER C RAGHAVENDRA 12. R LASYA S/O C RAGHAVENDRA AGED ABOUT 14 YEARS MINOR REP BY THEIR NATURAL GUARDIAN / FATHER C RAGHAVENDRA R/AT THIRUMENAHALLI VILLAGE YELAHANKA HOBLI BANGALORE NORTH TALUK BENGALURU 560064 …RESPONDENTS (BY SRI. G.L.VISHWANTHA, SENIOR COUNSEL FOR SMT. MANASA B. RAO, ADV. FOR R1 TO R3; - 6 - HC-KAR NC: 2026:KHC:28455-DB COMAP No. 482 of 2023 V/C/O DTD 28.03.2024, NOTICE TO R4 TO R12 ARE DISPENSED WITH) THIS COMAP IS FILED UNDER SECTION 13(1-A) OF THE COMMERCIAL COURT ACT, 2015 READ WITH ORDER XLIII RULE 1 OF THE CODE OF CIVIL PROCEDURE, PRAYING TO CALL FOR THE RECORDS IN COM.O.S.NO.849/2021 ON THE FILE OF THE X ADDL. DISTRICT AND SESSIONS JUDGE, (DEDICATED COMMERCIAL COURT) BENGALURU RURAL DISTRICT, BENGALURU THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN AND HON'BLE MR. JUSTICE VENKATESH NAIK T - 7 - HC-KAR NC: 2026:KHC:28455-DB COMAP No. 482 of 2023 ORAL JUDGMENT (PER: HON'BLE MRS. JUSTICE ANU SIVARAMAN) This Commercial Appeal is filed seeking the following reliefs; "(a) Call for the records in Com.O.S.No.849/2021 on the file of the X Addl. District & Sessions Judge, (Dedicated Commercial Court) Bengaluru Rural District, Bengaluru. (b) Set aside the judgment and decree dated: 30.08.2023 Com.O.S.No.849/2021 on the file of the X Addl. District & Sessions Judge, (Dedicated Commercial Court) Bengaluru Rural District, Bengaluru, and further be pleased to dismiss Com.O.S.No.849/2021 on the file of the X Addl. District & Sessions Judge, (Dedicated Commercial Court) Bengaluru Rural District, Bengaluru. (c) Award cost of this Appeal and (d) Grant such other relief or reliefs as this Hon'ble Court may deem fit to grant on the facts and circumstances of the case." 2. Learned counsel appearing for the appellants as well as the learned Senior Counsel appearing for the respondents today submit that the matter has been amicably settled between the parties. The terms of the settlement are - 8 - HC-KAR NC: 2026:KHC:28455-DB COMAP No. 482 of 2023 produced as a memorandum of settlement before this Court, which reads as follows; "D. TERMS OF SETTLEMENT: 15. AMOUNT DEPOSITED BEFORE HON'BLE HIGH COURT OF KARNATAKA: 15.1. The Appellants have deposited a total sum of Rs.1,00,00,000/- (Rupees One Crore Only) before the Hon'ble High Court of Karnataka, comprising the following (i) Rs.70,00,000/- (Rupees Seventy Lakhs Only), which this Hon'ble Court has permitted the Respondents to withdraw, however, not yet withdrawn; and (ii) Rs.30,00,000/- (Rupees Thirty Lakhs Only) deposited pursuant to the compliance memo filed by the Appellants. 15.2. The Respondents are entitled to withdraw the entire sum of Rs.1,00,00,000/- deposited before this Hon'ble Court, and the Appellants have no objection whatsoever to such withdrawal. 16. AMOUNTS DEPOSITED BEFORE THE HYDERABAD COURTS The Appellant has deposited a sum of Rs.19,24,000/- before the X Metropolitan cum Judicial Magistrate of First Class (JMFC), Manoranjan Complex, Hyderabad as specified in Clause 7 above. The Respondents are entitled to withdraw the amounts deposited in the Hyderabad courts. The Appellants have no objection to the withdrawal of such amounts by the Respondents in the respective proceedings. 17. FRESH SETTLEMENT AMOUNT PAYABLE BY APPELLANTS 17.1. A sum of Rs.10,00,000/- (Rupees Ten Lakhs Only) shall be paid by the Appellants to the Respondents simultaneously on the execution of this Compromise Petition, vide cheque bearing No.001286, dated: 11.06.2026, drawn on Kotak Mahindra Bank, Thanisandra Branch, bearing Account No.2113049129, in favour of Mr. Chidura Laxma Reddy. 17.2. The balance amount of Rs.40,00,000/- (Rupees Forty Lakhs Only) shall be paid in four equated monthly - 9 - HC-KAR NC: 2026:KHC:28455-DB COMAP No. 482 of 2023 installments of Rs.10,00,000/- (Rupees Ten Lakhs Only) each, by way of post-dated cheque/s as set out below. All four post-dated cheque/s shall be delivered to the Respondents on the date of singing this Compromise Petition: (i) A sum of Rs.10 Lakh vide Cheque bearing No.001288, dated: 11.07.2026, drawn on Kotak Mahindra Bank, Thanisandra Branch, bearing Account No.2113049129 of VNG Developers (Appellant No.1) in favour of Mrs. Chidura Ram Devi. (ii) A sum of Rs.10 Lakh vide Cheque bearing No.001289, dated: 11.08.2026, drawn on Kotak Mahindra Bank, Thanisandra Branch, bearing Account No.2113049129 VNG Developers (Appellant No.1) in favour of Mr. Chidura Uday Reddy. (iii) A sum of Rs.10 Lakh vide Cheque bearing No.001290, dated: 11.09.2026, drawn on Kotak Mahindra Bank, Thanisandra Branch, bearing Account No.2113049129 VNG Developers (Appellant No.1) in favour of Mr. Chidura Uday Reddy. (iv) A sum of Rs.10 Lakh vide Cheque bearing No.001291, dated: 11.10.2026, drawn on Kotak Mahindra Bank, Thanisandra Branch, bearing Account No.2113049129 VNG Developers (Appellant No.1) in favour of Mr. Chidura Laxma Reddy. The Appellants hereby undertake that all the cheque/s mentioned hereinabove will be duly honored on it/s presentation. 17.3. The Appellants have deposited Court Fee of Rs.5,07,471/- vide Bank Transaction No.2017652154, dated: 18.03.2024, Challan Ref.No.B20324007000099910, towards filling the present Appeal. The Appellants have no objection for the Respondents to withdraw the said court-fee amount in accordance with law 18. WITHDRAWAL OF EXECUTION PROCEEDINGS The Respondents specifically undertake to file appropriate memo/application withdrawing Com. - 10 - HC-KAR NC: 2026:KHC:28455-DB COMAP No. 482 of 2023 Ex.No.123/2024 pending before the Hon'ble X Additional District & Sessions Judge (Commercial Court), Bengaluru Rural in compliance of this settlement of this appeal. 19. DISPOSAL OF CRIMINAL REVISION PETITIONS The Respondents agree not to oppose or object to the Appellants in securing disposal / compounding of Crl.R.P.No.57/2026, Crl.RP.No.58/2026, Crl.RP.No.60/2026 pending on the file of the Hon'ble High Court for the State of Telangana, at Hyderabad, immediately after the signing of this Compromise Petition. 20. HANDING OVER BUILDING PLANS, AND COMMENCEMENT CERTIFICATES: The Appellants hereby this day has delivered / handed over all original building plans, commencement certificates, and or held by them from the concerned statutory and regulatory authorities, in relation to Plot No.126 and Plot No.74, to the Respondents, to enable the Respondents to undertake construction of the Villa(s) on the said plots. The Appellants further undertake to extend all necessary cooperation, including the execution of any letters of authorization, no-objection certificates, or other documents as may be required by the concerned authorities, to facilitate the transfer or re-issuance of such plans, in the name of the Respondents, at no additional cost to the Respondents. 21. FINAL SETTLEMENT: Subject to payment of the settlement amount of Rs.55,07,471/-(Rupees Fifty-Five Lakhs Seven Thousand Four Hundred and Seventy-One Only), all disputes, claims, and demands between the parties shall stand fully and finally settled, whereupon the Respondents shall not raise any further civil or criminal claim against the Appellants, and neither party shall initiate any fresh proceedings against the other in respect of the subject matter of the present dispute, and this settlement shall be binding on the parties and their respective legal heirs, successors, and representatives. 22. UNDERTAKING: The parties hereby undertake before this Hon'ble Court that they shall faithfully abide by the terms and conditions of this Compromise Petition and shall extend - 11 - HC-KAR NC: 2026:KHC:28455-DB COMAP No. 482 of 2023 full cooperation for disposal of all pending proceedings. In the event of any default of any of the condition set forth in this Compromise Petition, including but not limited to the dishonor of the postdated cheques issued by the Appellants, the parties will be at liberty to reopen this compromise and seek for contempt proceedings against the appellants for willfully disobeying and violating the terms of this compromise without relegating the Respondents to any other legal proceedings before any other court or forum." 3. The parties are also present before this Court and they are duly identified by their respective counsel. 4. Sri Mukka Vinod Kumar, Managing Partner of the Firm is present before the Court representing the developers as well as other partners of the Firm, who are his wife and son. The respondents are also present before this Court and they are duly identified by the learned counsel appearing on their behalf. Notice to respondents No.4 to 12 was dispensed with and the learned counsel appearing on either side submit that the entire dispute stands settled between the contesting parties and that nothing survives for consideration in the appeal. 5. In the above view of the matter, this appeal is disposed of in terms of the compromise entered into between the parties. Additionally, the parties submit that the attachment - 12 - HC-KAR NC: 2026:KHC:28455-DB COMAP No. 482 of 2023 ordered by the Hyderabad Court will also be withdrawn in terms of the agreement reached between the parties. The said submission is also recorded. Registry shall draw up decree accordingly. List on 02.09.2026 to ascertain the compliance of the directions issued. Pending application(s), if any, also stand disposed of. Sd/- (ANU SIVARAMAN) JUDGE Sd/- (VENKATESH NAIK T) JUDGE PN LIST NO.: 4 SL NO.: 1