IN THE HIGH COURT OF KARNATAKA AT
DATED TI-IIS THE 14TH DAYWQE sEpfrErvI.I3EIRIé,0<QV9 I' " I
I3E1«"0IgE D' _
THE HONBLE Ix/IR.JUs_*IfI_{;E
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BETWEEN A I I I
DDDDAPANCHEGOWDE I
S/O KENCHEGOWDA , ..
R/0 VILI.IA('IE,
MANDYA 'I'ALI;I_{;'<.I = '
MANDYA DIS'I'R[IC'I'I»5
EIEQL
*a'* ..APPELLANT
(Ey at: K A CAIIAIIDRASHEKAR & B.M.SIDDAR'I'H, ADVs)
...__..........-,
* . DCFK
W/O N TRAJANNA
I/IAQOR IN AGE.
R/GVKERAGODUVILLAGE.
2 " ' MANDYA TALUK,
= ..MANDYA DISTRICT 571 401.
... RESPONDENT
(By Sri P NATARAJ U ASSOCIATES)
THIS RSA IS FILED U/S. 100 OF CPCVAGAINST TI-IE
JUDGEMENT 81 DECREE DATED: 14.6.2006 PASSED IN
W,
R.A.N0.85/2006 ON THE FILE,’ or f”r’I~IE-fy 1i>aESIDINop°*~–.
OFFICER, FAST TRACK coUaT–II, MANDY;AI. V ” ALLowIt\:G T
THE APPEAL AND SETTING ASIDE THE J¥JDGEMENT”AIND ‘
DECREE DATED: 1.2.2005 PASSEIJVIN OS-.T|.\EO.. «.25–5/.2003
ON THE FILE 01+’ THE PRL;c_IV_IL JUDGE (JR.’D.I{.)_,_vMANDYA,.
‘THIS APPEALe_oMI1t’G–eoN””-EQR A’I:>MIsSIoN THIS
DAY, THE COURT DEI,/WEItEI;vTH–EFOLLOWING:
This appeal challenging the
judgIne11t;V.a;I.d.d’eeree.’paSsed—–In. vf§A.No.85/2006, wherein the
judgmehét ‘d:eereea.__:dismissing the suit of piairitlff in
OS.No.dV2ta’–*’I5dd/’dwa’sV.reversed and the suit was decreed for
vptjneiple aI.I1’ount____of Rs.20,000/~ with interest at 10% pa.
~ payable the date of judgment and decree passed in first
H ‘– reatisation of Said amount.
it :2. Essential facts leading to this appeal are that,
V”-adppellant herein is defendant, respondent is plaintiff in
OS.N0.255/2003 on the file of Civit Judge [Jr.I)n), Mandya
initiated for recovery of a sum of RS.32,’700/~ with interest at
2% per month from the date of suit till realisation basing the
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claim on ‘on demand promissory note’ and _Tc._oi1sid.eration
receipt’. The defendant denied barrowal
from plaintiff, accepted borrowallffof’Rs.5,0()d[¥btanditstatedbT.
that the entire amount is repaid?’Acc.ording:_to”hi1n,n
is filed seeking recovery of of “filling
the blank pro–not€’ and ;*ot’ne_:r’; documents, wivhich were
executed by him. the contention of
defendant diszifinissecip A”~In.._first;«appea1 the same Was
reversed res.i:ri_ctingwthe___re_lief to an extent of Rs.20,000/–,
i.e., the arnount, with interest at 10% p.a.
from the” date “‘of.”judg1nent in first appellate Court till
” . V V’r’eali’satio:{1. under challenge in this appeal.
Heard the Counsel for parties. Perused the records
of Courts below.
£1. It is seen that the first appellate Court has rightly
accepted the contention of plaintiff regarding lending of
money and on reappreciation of facts, documents and
evidence on record has rightly decreed the suit awarding
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interest only at 10% p.a. from the date of
decree of suit till realisation. This Court is of the
judgment and decree passed byfthe”firstpappellatei is T. it
well reasoned, based on p:roper”ap’prAeciati’on”of:
evidence on record and does»_n”ot call for int_erfe’:ence in this
appeal.
5. At juiictuie, Cnoiinsel for appellant
a talkvlfor settlement between the
learned ‘-Counsei:.for.._:app-ellant and respondent. Learned
Counselflfoijvvapp’ellant'”‘submits that respondent is ready to
‘receive only prin’c’i’p’le amount ie., Rs.20,000/- and settle the
V between parties. However. counsel for respondent
” ,si1bmi.tso: he has instructions to settle this matter with
prin_ci’p1e amount along with cost of the suit. In the light of
3″ , lsigbmission made by both Counsel regarding settlement, it is
seen that there is no merit in this appeal for admission, for
the reason that, no substantial question of law arises for
consideration in this appeal. Hence, the appeal is required
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to be dismissed. At the same __t.im,e, sinéé'”respon«:1’¢n1;a._
agreed to settle the matter urithhtzt1’ir1s’isti11g”~fdr of
entire amount as decreed first appeal, proper
to say that respondent tnlhreceitreH_lRs.2O,0OO/–
along with cost of awarded in the first
appeal at Rs.];,.’7v11/~:,~– it i d it V
judgment and decree
the appeal is dismissed.
he has already deposited a sum
of appeal, he is permitted to deposit
balance decreetal amount of Rs.10,000/– Within 60 days
‘frdm..jt»0da.y, failingwhich he shall be liable to pay interest at
~ -!.Q%._p;.a;«.Qnv balance amount of Rs. 10,000/– from the date of
‘V in first appeal till date of realisation. The
‘respQn.d’elr}tl.is permitted to withdraw Rs.10,000/– which is
already deposit. –
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