- 1 - HC-KAR NC: 2026:KHC:15810-DB RFA No. 2046 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF MARCH, 2026 PRESENT THE HON'BLE MRS. JUSTICE ANU SIVARAMAN AND THE HON'BLE MS. JUSTICE TARA VITASTA GANJU REGULAR FIRST APPEAL NO.2046 OF 2022 (MON) BETWEEN: SRI S K CHAND BASHA SON OF LATE ABDUL RAWOOF AGED ABOUT 65 YEARS RESIDING AT NO.1/10 CHAND VILLA MOUNTAIN ROAD 1ST BLOCK JAYANAGAR BENGALURU-560 011. &APPELLANT (BY SRI. AJIT P. B., ADVOCATE) AND: SRI K TAJ SON OF LATE KHUDDUS SAHEB AGED ABOUT 47 YEARS RESIDING AT NO.87 4TH CROSS Digitally signed by RAKSHA Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:15810-DB RFA No. 2046 of 2022 WILLIAMS TOWN BANGALORE-560 046. &RESPONDENT (BY SRI. RAGHUNATH M. D., ADVOCATE) THIS RFA IS FILED UNDER SECTION 96 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 08.08.2022 PASSED IN OS.No.25599/2009 ON THE FILE OF THE XIII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, MAYOHALL UNIT (CCH-22), BANGALORE, PARTLY DECREEING THE SUIT FOR RECOVERY OF MONEY AND INJUNCTION. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN and HON'BLE MS. JUSTICE TARA VITASTA GANJU - 3 - HC-KAR NC: 2026:KHC:15810-DB RFA No. 2046 of 2022 ORAL JUDGMENT (PER: HON'BLE MRS. JUSTICE ANU SIVARAMAN) This appeal is filed challenging the judgment and decree dated 08.08.2022 passed by XIII Additional City Civil and Sessions Judge, Mayohall Unit, Bengaluru(CCH-22) in O.S.No.25599/2009. 2. We have heard Shri. Ajit P.B., learned counsel appearing for the appellant and Shri. Raghunath M.D., learned counsel appearing for the respondent. 3. It is submitted by the learned counsel appearing on either side that the dispute between the parties has been settled through mediation and that the memorandum of settlement has been entered into, which has been duly signed by the parties. 4. The parties are present before the Court and they are identified by their respective counsels. 5. The terms of the memorandum of settlement reads as under:- "1. Both the parties submit that both parties have agreed to amicably settle the dispute taking into - 4 - HC-KAR NC: 2026:KHC:15810-DB RFA No. 2046 of 2022 consideration the duration of the litigation with uncertainty of the result and the litigation expenses. 2. The Appellant/Defendant has agreed to pay a sum of Rs.19,50,000/- (Rupees Nineteen Lakh Fifty Thousand Only) as full and final settlement of all the claims made by the Respondent/Plaintiff inclusive of court cost and interest up to date. And he has already paid a sum of Rs.18,00,000/- (Eighteen Lakhs Only). The Respondent/Plaintiff has acknowledged the receipt of the said sum. The Appellant/Defendant has agreed to pay the balance amount of Rs.1,50,000/- (One Lakh Fifty Thousand Only) before the Court at the time of reporting settlement. 3. The Respondent/Plaintiff does not have any claim against the Appellant/Defendant apart from the amount aforementioned. Both the parties state that they have entered in to this agreement on their own and there is no coercion or force from any one. 4. In view of the settlement arrived at, the parties pray that the Court fee paid on the memorandum of appeal be refunded to the appellant/Defendant for which the Respondent/Plaintiff has no objection." 6. It is submitted that the appeal can be disposed of in terms of the settlement arrived at between the parties. 7. The settlement arrived at is taken on record. Accordingly, the RFA is disposed of. - 5 - HC-KAR NC: 2026:KHC:15810-DB RFA No. 2046 of 2022 8. The Registry shall draw up decree in terms of the memorandum of settlement and shall refund the eligible Court fee to the appellant on proper identification. Sd/- (ANU SIVARAMAN) JUDGE Sd/- (TARA VITASTA GANJU) JUDGE RAK List No.: 3 Sl No.: 17