S RIYAZ AHAMED v. MANDYA DISTRICT CENTRAL CO OPERATIVE BANK LTD
WA/1360/2023 · 2026-04-27
Anu Sivaraman, Tara Vitasta Ganju
body2026
DailyLaw.ai
[ 2026 DAILYLAW 5072 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 5072 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:23213-DB WA No. 1360 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF APRIL, 2026 PRESENT THE HON'BLE MRS. JUSTICE ANU SIVARAMAN AND THE HON'BLE MS. JUSTICE TARA VITASTA GANJU WRIT APPEAL NO. 1360 OF 2023 (CS-RES)
BETWEEN:
S RIYAZ AHAMED S/O ABDUL SATHAR AGE 63 YEARS EX SECRETARY, BENDRAVADI, MALAVALLI TQ MANDYA DIST - 571401.
(SENIOR CITIZEN NOT CLAIMED)
…APPELLANT (BY SRI. L. RAJA, ADV. FOR SRI. M. B. CHANDRACHOODA, ADVOCATE)
AND:
1.
MANDYA DISTRICT CENTRAL CO OPERATIVE BANK LTD MANDYA - 571401 REP BY ITS CHIEF EXECUTIVE OFFICER REGISTERED UNDER MYSORE CO OPERATIVE SOCIETIES ACT, 1948.
Digitally signed by RAKSHA Location: High Court of Karnataka
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HC-KAR NC: 2026:KHC:23213-DB WA No. 1360 of 2023
2.
THE JOINT REGISTRAR OF CO OPERATIVE SOCIETES MYSORE DIVISION, MYSORE - 570024.
3.
ASSISTANT REGISTRAR OF CO OPERATIVE SOCIETIES MANDYA SUB DIVISION, MANDYA - 571401.
4.
BENDRAVADI AGRICULTURAL CO OPERATIVE SOCIETY LTD BENDRAVADI MALAVALLI TQ MANDYA DIST. 571401 REP BY ITS SECRETARY.
…RESPONDENTS (BY SRI. HITESH D., ADV. FOR SRI. SIDDHARTH B. MUCHANDI, ADV. FOR R1;
SMT. PRAMODHINI KISHEN, AGA FOR R2 TO R3;
SRI. N.R.KRISHNAPPA, ADV. FOR R4)
THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT, 1961 PRAYING TO SET ASIDE ORDER DATED 29.08.2023 PASSED IN WP No.12604/2022 (CS-RES) AND ETC.
THIS APPEAL, COMING ON FOR PRELIMINARY HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN and HON'BLE MS. JUSTICE TARA VITASTA GANJU
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HC-KAR NC: 2026:KHC:23213-DB WA No. 1360 of 2023
ORAL JUDGMENT
(PER: HON'BLE MRS. JUSTICE ANU SIVARAMAN)
The learned counsel appearing on either side submit that the parties have settled the matter among themselves and a compromise petition is placed on record.
2. The compromise petition reads as follows:-
"THE JOINT COMPROMISE PETITION UNDER
ORDER 23 RULE 3 CPC R/W S.151 CPC R/W ARTICLE 226 OF THE CONSTITUTION OF INDIA. The appellant and respondent No 1 respectfully submit as follows:
1. The appellant has filed this appeal being aggrieved by the order dated 29/08/2023 passed in Writ Petition No.12604/2022 (CS-RES) on the file of this Hon'ble Court. 2. The appellant and the respondent no. 1 amicably resolved their disputes at the advice and intervention of the mediators and advocates and in terms of such understanding they prefer this joint compromise petition on the following terms: a. The respondent no. 1 as agreed to pay the principal amount of Rs.7,03,900/- without interest to the appellant, which was awarded by the respondent no. 2 which the appellant agreed to receive and as full and final settlement amount. b. The appellant has agreed and given up his claim over the interest component of 6% awarded by the Karnataka Appellate Tribunal, confines this settlement to the principal amount. - 4 -
HC-KAR NC: 2026:KHC:23213-DB WA No. 1360 of 2023
c. The respondent no.1 had deposited a sum of Rs.3,10,000/- on 26/09/2017 and a sum of Rs.3,10,000/- on 25/10/2017 in the execution proceedings in Ex.P.No.88/2017, which the appellant has withdrawn. d. Accordingly, after the total sum of Rs.7,03,900/-, a sum of Rs 6,20,000/- has already been withdrawn by the appellant and hence the respondent no. 1 is handing over the balance amount of Rs. 83,900/- by way of a demand draft bearing no. 015468 issued by MDCC Bank Ltd, Mandya Taluk branch drawn in the name of the appellant, which the appellant has received and as full and final settlement amount. e. The appellant submits that there are no other dues by the respondent no.1. 3. The appellant and the respondent have entered into this compromise out of their free will and volition and there is no force or coercion or undue influence or mistake or misrepresentation in entering into this compromise. Wherefore, the appellant and the respondent no.1 state that the compromise may kindly be accepted and this appeal may kindly be disposed to meet the ends of justice."
3. The learned counsel appearing for the respondents submits that the Demand Draft as referred to in Paragraph No.2(d) of the compromise petition has been handed over today which is acknowledged by the learned counsel appearing for the appellant. 4. The compromise petition is taken on record.
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HC-KAR NC: 2026:KHC:23213-DB WA No. 1360 of 2023
5. In the above view of the matter, the writ appeal is
disposed of in terms of the compromise petition, recording the settlement.
All pending interlocutory applications shall stand disposed of.
Sd/- (ANU SIVARAMAN) JUDGE
Sd/- (TARA VITASTA GANJU) JUDGE
RAK List No.: 1 Sl No.: 17