Karnataka High Court
COMAP/218/2024 of MANJUNATHA. A Vs NAVEEN. R on 28 September 2026
CNR: KAHC010330642024 NC: 2026:KHC:53654-DB COMAP No. 218 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF SEPTEMBER, 2026 PRESENT THE HON'BLE MRS. JUSTICE ANU SIVARAMAN AND THE HON'BLE MR. JUSTICE K.S.BHARATH KUMAR COMMERCIAL APPEAL NO.218 OF 2024 BETWEEN:
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 28TH DAY OF SEPTEMBER, 2026
PRESENT
THE HON'BLE MRS. JUSTICE ANU SIVARAMAN
AND
THE HON'BLE MR. JUSTICE K.S.BHARATH KUMAR
COMMERCIAL APPEAL NO.218 OF 2024
BETWEEN:
MANJUNATHA A.
S/O LATE ANNAYYAPPA GOWDA
AGED ABOUT 56 YEARS
R/AT VILLA NO.117
CLOUDNINE VILLA
BOMMASANDRA
JIGINI LINK ROAD
BOMMASANDRA INDUSTRIAL AREA
NEAR HDFC BANK
BENGALURU 560 099
…APPELLANT
(BY SRI. PRITHVI RAJ B. N., ADVOCATE)
AND:
1.
NAVEEN R.
SINCE DEAD BY LRS
1(a)
VIJAYALAKSHMI J V
W/O K. RAMACHANDRA
(SINCE DEAD LRS ARE ALREADY ON RECORD AS
R1(b) AND R1(c))
AMENDED AS PER THE COURT ORDER DATED
Digitally
signed by
PAVITHRA N
Location:
High Court
of Karnataka
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07.08.2026.
1(B)
RAMACHANDRA K.
S/O LATE KRISHNAPPA
AGED ABOUT 82 YEARS
3.
ANITHA RAMACHANDRA
D/O K. RAMACHANDRA
AGED ABOUT 50 YEARS
ALL THE RESPONDENTS ARE
R/AT NO.38/8A
BAZAAR STREET
OPP. ANANTH BANK
NEELASANDRA
VIVEKNAGAR POST
SHANTHINAGAR
BENGALURU 560047
…RESPONDENTS
(BY SRI. G.K.NATARAJ, ADV. FOR C/R1(C);
R1(B) - SERVED)
THIS COMAP IS FILED UNDER SECTION 13 OF THE
COMMERCIAL COURTS ACT, 2015, PRAYING TO SET ASIDE THE
JUDGMENT AND DECREE DATED 10.03.2024 PASSED BY THE
COURT OF THE LXXXIV ADDITIONAL CITY CIVIL AND
SESSIONS JUDGE, (CCH-85) (EXCLUSIVELY DEDICATED TO
COMMERCIAL COURT) BENGALURU CITY, IN COMMERCIAL O.S.
NO. 907/2023 AND CONSEQUENTLY DISMISS THE SUIT.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
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CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN
and
HON'BLE MR. JUSTICE K.S.BHARATH KUMAR
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ORAL JUDGMENT
(PER: HON'BLE MRS. JUSTICE ANU SIVARAMAN)
This appeal is preferred against the judgment and decree dated 10.03.2024 passed in Com.O.S. No.970/2023. The compromise petition has been filed today stating that the parties are ready to compromise the matter. The respondents, who are the decree holders, have agreed to the terms of the compromise, which are recorded as under;
"(i) The Respondents/Decree Holders have agreed to settle their claim as against the appellant for a sum of Rs.10,00,000/- (Rupees Ten Lakhs only). On receipt of the said amount, the respondents have agreed to give-up their claim for the rest of the amount payable under the aforesaid Judgment and Decree passed in Com.O.S. No. 970/2023. The appellant has agreed to pay the said amount of Rs.10 lakhs as full and final settlement towards his liability arising out of the aforesaid Judgment and Decree passed in Com.O.S. No.970/2023.
(ii) Pursuant to the aforesaid understanding between the parties, the appellant has agreed to hand over the Demand Draft bearing no.850428 dated 21-9-2026 for a sum of Rs.10 lakhs drawn on Union Bank of India. The said DD has been drawn in favour of Resp.no.1(c) Anitha Ramachandra, for which her father Ramachandra K., the Resp.no.1(b) herein also concurs and shall not raise any objection in that regard at a later point of time. The said DD will be handed over to the custody of Resp.no.1 (c) during the time when this Compromise Petition is placed
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before the Hon'ble Court for its acceptance and disposal of the appeal.
(iii) It is agreed by both the parties that upon receipt of the aforesaid amount of Rs.10 lakhs as stated supra, the decree passed in Com.O.S. No.970/2023 shall stand fully satisfied. The respondents shall not have any further claims in that regard; similarly, the appellant shall not have any further obligation/liability in that regard.
4. In view of the Appeal ending in Compromise before hearing, full court-fees may be refunded to the Appellant.
5. All the parties have put their signatures on this Compromise Petition with their own volition, consent and free will and the said consent has not been obtained either by force, fraud or undue influence in any manner, from any of the parties."
2. The parties are present before us today and they are duly identified by their respective counsel. It is submitted by the learned counsel for the respondents that the demand draft for an amount of Rs.10,00,000/-, drawn in favour of respondent No.1(c) has been handed over today to respondent No.1(b). The respondent No.1(b) who is also present before us today acknowledges receipt of the demand draft.
3. In the above view of the matter, the appeal is disposed of in terms of the compromise arrived at between the parties. The Registry shall draw the decree accordingly. The
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Court fee paid by the appellant shall be refunded to the appellant, as applicable, on proper identification.
Sd/- (ANU SIVARAMAN) JUDGE
Sd/- (K.S.BHARATH KUMAR) JUDGE
PN List No.: 1 Sl No.: 26