A lawful compromise between parties in a civil suit leads to case disposal and entitles the appellant to a court fee refund as per applicable law.

JUDGMENT :

M.Nagaprasanna, J.

The appellant is before this Court, calling in question an order of the consent court dated 15.12.2007 in O.S.No.8468/1995.

2. During the subsistence of this petition, the parties to the lis have settled the dispute amongst themselves by drawing certain terms of settlement. The petition of compromise filed under Order 23 Rule 3 r/w. Section 151 of the CPC reads as follows:

“The Appellant and the Respondent named above respectfully submit before this Hon'ble Court as follows:

1. The Appellant had filed a suit O.S.No.8468/1995 before the Hon'ble City Civil Court, Bengaluru, against the Respondents for recovery of money, upon contest, the Hon'ble City Civil Court, Bengaluru, by its judgment and decree dated 15.12.2007 was pleased to partly decreed the said suit, the respondents herein are jointly and severally liable to pay a sum of Rs.1,16,823/- to the appellant together with court costs and current and future interest at the rate of 12% p.a., on Rs.67,923/- from the date of the suit till its realization.

2. The appellant, against the judgment and decree dated 15.12.2007 passed in OS.No.8468/1995, filed an appeal before this Hon'ble Court in RFA.No.589/2008. When the appeal listed for final hearing before this Hon'ble Court, the respondents at the intervention of common friends amicably resolved their disputes. Accordingly, the respondents agreed to pay a sum of Rs.4,50,000/- (Rupees Four Lakhs Fifty Thousand only) to the appellant as full and final settlement of their claim. The appellant also agreed for the said amount.

3. As per the terms of the compromise, the respondents have paid Rs.4,50,000/- (Rupees Four Lakhs Fifty Thousand only) to the appellant by way of D.D. No.001112, dated 16.07.2025 drawn on Bank of India, Hosur Branch, in favour of the Appellant. The appellant acknowledged the receipt of said DD, towards full and final settlement from the respondents in the above case.

4. This compromise is recorded with the consent and concurrence of parties to the appeal and the appeal may please be ordered to be disposed of in terms of the compromise arrived by the parties to the appeal. Upon the terms of the compromise being fulfilled and satisfied the parties shall not agitate further before any court of law.

5. The terms and conditions of this compromise petition have been read over to the appellant and respondents in the above case in the language known to them and after understanding the contents of the compromise petition the respective parties have put their respective signatures on this compromise petition in the presence of their respective counsels on record and their counsels on record, have identified the signatures of the respective parties in the above case. Hence the appellant and respondents most respectfully pray that this Hon'ble Court be pleased to record the compromise entered into between the appellant and respondents in the above case and to dispose of the case in terms of the compromise petition filed by them.

6. The Appellant most respectfully submits that since the present appeal is being disposed of on the basis of a lawful compromise between the parties under Order XXIII Rule 3 of the Code of Civil Procedure, 1908, the appellant is entitled to a refund of the court fees paid on the memorandum of appeal, in accordance with Section 69 -A of the Karnataka Court Fees and Suits Valuation Act, 1958. The Appellant therefore humbly prays that this Hon'ble Court be pleased to direct the refund of the full court fee paid in the above appeal, in the interest of justice and equity.

WHEREFORE, the appellant and respondents in the above case, jointly and severally pray that this Hon'ble Court be pleased to dispose of the above case in terms of the compromise petition filed by the appellant and respondents in the above cas