The court may dispose of an appeal and the underlying suit if the parties reach an amicable settlement via a joint memo that is deemed just and proper.

REGULAR FIRST APPEAL NO. 2899 OF 2024 (MON)

THIS RFA IS FILED UNDER SECTION 96 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 24.09.2024 PASSED IN OS.NO.4642/2017 ON THE FILE OF THE XXVII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU, DECREEING THE SUIT FOR RECOVERY OF MONEY.

THIS APPEAL, COMING ON FOR ADMISSION, 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 24.09.2024 passed by the XXVII Additional City Civil and Sessions Judge, Bengaluru, in O.S.No.4642/2017 by which, the suit for recovery of money is decreed.

When this appeal is listed for admission, the parties have filed a joint memo which, reads as follows:-

JOINT MEMO

1. It is submitted that the petitioner had filed OS.No.4642/2017, before the Hon'ble XXVII ADDL. CITY CIVIL AND ADDITIONAL SESSIONS JUDGE (CCH9) wherein the suit came to be filed on the account of suit for recovery. However, the said suit came to be, decreed on 24.09.2024, in favour of the plaintiff where it was observed that the appellant had to pay a security deposit of Rs.7 lakhs along with 14% interest from the date of the suit that is 12.06.2017 until further realization of the amount.

2. It is submitted that the Appellant as well as the respondent decide to settle the said matter on the count of a total sum of Rs. 11,50,000/- (Eleven Lakhs Fifty Thousand Rupees Only), as a full and final settlement for the said matter. However, on this day both of them amicably settle the matter between the parties and further not to precipitate on the matter. This settlement marks the contention that both the parties shall not change their stand as well as re-litigate. The particulars of the amount is mentioned below.

3. It is submitted that the Appellant had made good the first installment of Rs.5,00,00/- (Five Lakh Only), and further undertakes to make good the remaining amount of Rs.6,50,000/-(Six Lakh Fifty Thousand). It is humbly prayed that the Court may direct the deposit court fee amount to be released in favour of the Appellant towards the full and final settlement of the dues.

4. It is respectfully submitted that the Respondent has accepted the aforesaid payments of Rs.11,50,000/- (Rupees Eleven Lakh Fifty Thousand Only) made by the Appellant as mentioned above. The said sum together with Court deposit of Rs.82,606/- (Rupees Eighty Two Thousand Six Hundred and Six Only), and the said court fee shall not from part of the settlement and shall be remitted back to the appellants upon the realisation of the Cheque amount. Further, this would amount to the full and final settlement, shall not raise any further or future claims on the same. The said report shall apply to the execution i.e EX 511/2025, pending before the Court Of The City Civil And Sessions Judge, At Bangalore City (CCH-9).

5. Accordingly upon realisation of the full and final amount the Appellant shall be free from all his liability in the above cases mentioned. The parties jointly pray the said memo be taken on record without any prejudice.

6. It is submitted that failure to honour the cheques on the said date entire decretal amount will be paid in 15 days."

The appellant No.1(c) and the representative of the respondent are present and are identified by their respective counsel. All of them agree to the terms of the joint memo. In token of such acceptance, they have signed the order sheet of this Court. Since the compromise is just and proper, the same is accepted and the joint memo is taken on record.

Consequently, this appeal as well as the suit in O.S.No.4642/2017 on the file of the XXVII Additional City Civil and Sessions Judge, Bengaluru, stand disposed off in terms of the joint memo.

Office is directed to draw decree in terms of the joint memo.