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Judgment
13 paragraphs · 705 wordsH. Billappa
The learned counsel for the appellant and the learned counsel for the respondents submit that the matter has been settled before the Mediation Centre and therefore, the appeal may be disposed of in terms of the settlement. The Memorandum of Settlement reads as under:
The parties above named beg to submit as follows:-
I. The aforesaid appeal was referred to mediation for resolving the dispute between the parties. In the course of mediation, they have resolved their dispute and have agreed to the following terms and conditions:
I. The appellant is the 1st defendant and the 2nd respondent is the 2nd defendant and the 1st respondent is the plaintiff, in the appeal before the Hon''ble Court and in which the suit of the plaintiff came to be decreed in his favour against the defendants, of which one defendant has come up in appeal challenging the judgment and decree passed in O.S. No. 9786/2006 on the file of the XX addl. City Civil Judge, Bangalore. Before the Mediation all the parties and respective "advocates have appeared and deliberated the matter on several occasions and ultimately the mediation could be successful in arriving at a settlement and the terms of the settlement between the parties is as follows:
i. All the parties unanimously agree that the 1st defendant who happened to be appellant in the above appeal to make a payment of Rs. 4,59,000 (Rupees Four Lakhs Fifty Nine Thousand only) as his part of liability and the 2nd respondent, being the 2nd defendant in the suit agreed to make a payment of Rs. 3,54,000/- (Rupees Three Lakhs Fifty Four Thousand Only) as his part of liability and in all, Rs. 8,13,000/- (Rupees Eight Lakh Thirteen Thousand only) be payable towards the claim in respect of the judgment and decree passed by the Court below and the 1st respondent being the plaintiff in the suit agree to receive the same towards his claim in the suit as full and final settlement of the claim and admits that on payment of the above said amount by the respective parties, reports that the judgment and decree has been satisfied in toto. Further, it has been agreed between the parties that the appellant who has paid the court fee in the appeal as per valuation slip to be made over in the name of the 1st respondent/plaintiff, on being refunded by the Hon''ble Court on reporting settlement as per mediation.
ii. On agreeing to the above terms, the parties also ready with the demand drafts with regard to their liability as aforesaid i.e., the appellant with a sum of Rs. 4,59,000/-(Rupees Four Lakhs Fifty Nine Thousand only) as his part of liability and the 2nd respondent, being the 2nd defendant with a sum of Rs. 3,54,000/-( Rupees Three Lakhs Fifty Four Thousand Only) as his part of liability, drawn in favour of the 1st respondent, in this Court and also agreeing for made over the refund of court fee as applicable in favour of the 1st respondent, the parties report that the matter is settled on the above terms and seeks that the Hon''ble Court be pleased to dispose off the appeal on the above said terms.
II. In view of the aforesaid agreement entered into between the parties, the parties pray Hon''ble Court to dispose off the above appeal in terms of aforesaid agreement.
III. In view of the aforesaid agreement, the parties prays for refund of the full institution fee paid.
IV. Parties will appear on 25.09.2012 before the Court for passing decree/order in terms of the agreement.
The learned counsel for the appellant and the learned counsel for the second respondent have filed a memo along with the xerox copies of the Demand Drafts for having paid the amount to the first respondent in terms of the settlement.
The learned counsel for the parties submit that the appeal may be disposed of in terms of the settlement. Accordingly, the appeal is disposed of in terms of the settlement. The judgment and decree passed by the Trial Court in O.S. No. 9786/2006 stands modified in terms of the settlement. Refund the full court fee to the first respondent.
Draw up the decree, accordingly.