Smt. Kamala vs Smt. R. Sudha

Ashok B. Hinchigeri, J.—This appeal filed by the Defendant is directed against the judgment and decree, dated 6.8.2010 passed by the Court of the XXVI Addl. City Civil Judge, Mayohali, Bangalore in O.S. No. 16236/2005.

The Trial Court has decreed the suit directing the Appellant to pay Rs. 2,60,000/- with future interest at the rate of 12% p.a. from the date of the suit till the date of actual payment to the Respondent Plaintiff.

The parties have arrived at a negotiated settlement. They have filed a joint memo duly signed by themselves and their respective learned advocates. The same is taken on record. It reads as follows:

The parties in the above appeal amicably settled the matter for a total sum of Rs. 2,04,000/-(Rupees two lakhs four thousand only) in full and final settlement. The Appellant undertakes to pay the said amount in three installments. The Appellant prays the refund of entitle Court fee paid in the appeal. The Appellant undertakes to pay the 1st installment amount of Rs. 68,000/- within 10 days from today and the 2nd installment of Rs. 68,000/- shall be paid within 1 month from the date of payment of 1st installment and the final installment of Rs. 68,000/- shall be paid within two months and 15 days from this date.

Both the parties are present before Court. They are identified by their respective learned advocates. They state that they have entered into this agreement of their own volition and without any duress from anybody.

The judgment and decree under appeal stands modified in terms of the joint memo. It is made clear that if the Appellant defaults in the payment of the amounts in 3 installments as agreed upon, the judgment and decree under appeal would stands revived.

In view of the Division Bench judgment in the case of A. Sreeramaiah Vs. The South Indian Bank Ltd., the office is directed to refund the entire Court fee to the Appellant forthwith.

Appeal is disposed of accordingly.