- 1 - HC-KAR NC: 2026:KHC:15074 RFA No. 2693 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE R. NATARAJ REGULAR FIRST APPEAL NO. 2693 OF 2024 (MON) BETWEEN: GOKULAN K S/O. KRISHNA YADAVA, AGED ABOUT 66 YEARS, R/AT NO.33, 1ST FLOOR, 10TH CROSS, PIPELINE, VIJAYANAGARA, BENGALURU-560040. AND ALSO AT G.K. ENGINEERING, NO.21, 7TH CROSS, PATEL CHENAPPA INDUSTRIAL ESTATE, HEGANAHALLI, PEENYA 2ND STAGE, PEENYA INDUSTRIAL AREA, BENGALURU-560 091. G.K. ENGINEERING, NO.B-192, 5TH MAIN ROAD, PEENYA 2ND STAGE, PEENYA INDUSTRIAL AREA, BENGALURU-560 058. "BALAJI NILAYA" SRI LAKSHMI VENKATESHWARA, NO.230/1-C, 5TH MAIN ROAD, SERVICE ROAD, PEENYA 2ND STAGE, PEENYA INDUSTRIAL AREA, BENGALURU-560 058. …APPELLANT (BY SRI. MAHESH KUMAR H., ADVOCATE) Digitally signed by SUMA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:15074 RFA No. 2693 of 2024 AND: G. ANGU @ ANGUSWAMY S/O. GOVINDAN, AGED 59 YEARS, HAVING ITS OFFICE NO.34, 10TH CROSS, PIPELINE, VIJAYANAGARA, BENGALURU-560 023 …RESPONDENT (BY SRI. NIKHIL P., ADVOCATE) THIS RFA IS FILED UNDER SECTION 96 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 31.08.2024 PASSED IN OS.NO.5405/2021 ON THE FILE OF THE XII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU CITY, 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 R. NATARAJ ORAL JUDGMENT This appeal is filed challenging the judgment and decree dated 31.08.2024 passed by the XII Additional City Civil Judge, Bengaluru in O.S No.5405/2021. 2. This appeal was referred for mediation, where the parties have settled the dispute and they have filed a memorandum of settlement under Section 89 of CPC read with Rules 24 and 25 of the Karnataka Civil Procedure (Mediation) Rules, 2005, the relevant terms of which reads as follows: - 3 - HC-KAR NC: 2026:KHC:15074 RFA No. 2693 of 2024 "I. The appellant has filed the above Regular First Appeal challenging the Judgment and Decree dated:31.08.2024 passed in O.S. 5405/2021 on the file of the XII Addl. City Civil and Sessions Judge, Bangalore City, decreeing for payment of Rs.3,00,000/- (Rupees three lakhs only) along with interest at 9 % p.a. and Rs. 41,427/- (Rupees forty one thousand four hundred and twenty seven) towards the cost of the suit. II. The above Regular First Appeal has been referred to mediation and in the course of mediation, both the learned counsels for the parties and the appellant and the respondent appeared before the Mediator, Karnataka Mediation Centre and both the parties resolved their disputes and have agreed to the following terms and conditions:- (i) The Appellant has paid the Respondent a total sum of Rs. 2,50,000/- (Rupees two lakhs fifty thousand only ) by way of cash and the Respondent admits that he has received a sum of Rs. 2,50,000/- (Rupees two lakhs fifty thousand only) by way of cash in lieu of the entire suit claim. (ii) The Respondents has no objection to the Appellant withdrawing the court fees deposited by the Appellant at the time of filing of the above mentioned Revised First Appeal. - 4 - HC-KAR NC: 2026:KHC:15074 RFA No. 2693 of 2024 (iii) The Respondent herein agrees that the he shall not claim any further with regard to the said transaction as this shall be towards the full and final settlement of the entire suit claim III. In view of resolving of the disputes between the appellant and the respondents herein by the above, the parties most respectfully pray that this Hon'ble Court may be pleased to dispose of the above appeal in terms of the above settlement arrived at and draw the decree in terms of the above memorandum of settlement." 3. In view of the above, this appeal stands disposed of in terms of the memorandum of settlement. 4. Office is directed to draw a decree in terms of the settlement. The Court fee shall be refunded as per the judgment of the Apex Court in the case of High Court of Judicature at Madras v. M.C.Subramaniam (AIR 2021 SC 2662). Sd/- (R. NATARAJ) JUDGE UN List No.: 1 Sl No.: 12