Karnataka High Court
M/S Coffee Curing And Export Co (Koppa) ... vs K S Muthappa on 16 April, 2012
Author: N.K.Patil
Bench: N.K.Patil
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Poet Box No.7,
Kushal Nagar 571 234
KodaguDistrict. mAPPELIANTS
(By SrI Jayavlttalrao Kolar, Senior Counsel for
Sri N S Prasad Adoatr)
a
KSMuthawa
Aged 79 years,
S/o. Late Kotera Suhbaiah,
(since deceased) by his L R:
2. LM.Chengappa,
Aged 58 years
S/o K.S.Muthappa
Both are Planters,
Shambu Estate,
Andagow Village & Poet
&mwaat Taluk,
Kodagu District 571236.
3. P.KDevalah,
Aged 52 Years,
S/o. Late Palechanda Kariappa,
No80 PKYann,
Basavathur Village
Kudige Post,
Kushal Nagar o71 234,
Kodagu,
cmos deocasa by Re
-3-
a) MrsKumari Devaiah,
Aged 72yean;
b) Vinay Devalah,
Aged 49yean
c) Ljpika Dcvaiah
Aged 45 years
(a) lsMfe,(b)lsson&
(e) Is daughter of late P K Devalab
80, PKFarm,
4
No
Basawthnr Village,
Kudige Post,
Via Kushei Nagar
Somwaet Taluk,
Kodagu DIstrict 5712364
4, S
B
4 Shankar,
S/c. Late SBaaappa,
Aged 78 years, Planter,
Punnaiah Estate,
Suntlkoppa 571 237,
Kodagu
5. S
B
4 Jayarej,
S/c. Late S
Bassppa,
2
Aged 75 years, Planter,
Punnaiah Estate,
Suntikoppa 571 237,
Kodagu.
.4
6 SB.Ganesh,
S/c. Late SBasappa,
AgedóI years, Planter,
Shirangala Estate,
Nakoor Poet,
Suntikoppa,
&met Taluk,
Kodagu 57123&
7 Dr.B.Gdawali,
Major,
Iwan-e4hahi Road
Gu1baa
8 BM2s&than Kumar,
Major, Planter,
Mallesbwara Estate,
Bailupet Post,
Hassan District 573314k
9 CA*Muthazina;
S/c. Late Cheppudira Appanna,
Major, Planter,
Avoka Estate,
Athur Post, Virajpet Taiuk,
Kodagu District 571 218.
10 lasrihnth
Major. Planter,
Igoor Estate,
igoor Post,
Sakleshpur 573 134.
11 2 K Guniprakash
Major, N ter,
1
C..
.6-
The Companies Act 1956
Hang their Registered Office at
Poet Box No.7,
KuahalNagarS7l 234,
Kodagu District,
Represented by its Chaian
Pratap Chittlappa.
2 Pratap Chittiappa,
Jor,
Planter & present Cbaian,
Coffee Curing &
Export Co (Koppa) Ltd.,
Poet Box No.?,
Kushal Nagar 571 234
Kodagu District
3. Mrs Kumari Deaiah,
W/o. Late P.K Devalah,
Major.
4. Vinay Dith,
S/o Late P K Devalah
or,
5. Lipika Devaiah,
C/c Late P,KDevaiah
Noa.3 to5areR/a.
No80 PKFa,
Basavathur VlUag
Kudige Post,
Via Kushal Nagar
Somwazpet Taluk,
Kodagu Dmtr
6 SS.Bhanksr,
S/o. Late S.Basappa,
or, Planter,
Punnaish Estate,
Suntikoppa 571 237,
Kodagit
7. S.BJayaraj,
S/o. Late S
flasappa,
3
jor Planter
Punnaiah Estate,
Suntlkoppa 571 237,
Kodagu.
8. SBGanesh,
S/o. Late S.Basappa,
Major Planter,
Shfrangala Estate,
Nakoor Post,
Suntikoppa,
Somwarpet Taluk,
Kodagu
9. 4
D
G JawarB li,
Major
lwan-e$hahi Roe.d,
Gulbarga
0 KM Mohari Kumar
Major, Planter,
Malleshware. Estate
Baflupet Poet,
Hassan Distñot
11. CAMuthanna,
S/o. Late CheppudiraAppanna,
or, Nanter
Aka Estate,
Athur Post, Virajpet Taluk,
Kodagu District
12. LMSrikanth,
Major, Planter.
Igoor Estate,
Igoor Post,
Sakleshpur.
13 B.L.Ouruprakash,
Major, flanter
Ballupet Post,
Hassan District.
14. G O thandramohan,
S/o 0 K.Chandrashekar or
Best Tractor Sales & Service,
B.M. Road,
Hassan Distnct 573314 RESNDENTS
(By Sri N.S.Prasad-Adcate for R4 & R-2)
R
F
t .A is filed under Section 96 C,Pt against the
Judgment & Decree dated 26-9-2011 in O.S.No.12j98
passed by the Senior Civil Judge, Madikeri
RFA Crob is flied under Order 41 Rule 22 CPC
against the Judgment & Decree dated 26e9-2011 n
O,S,No 12/S passed by the Senior Civil Judge,
Madikeri.
This R
FA & RFA CROB coming on for reporting
1
settlement bekre the Couft this day, WKYatil, J,
delivered the following:
PGMEfl
This appeal by defendants 1 and 2 and cross-
objection by 2' plaintiff arise out of impugned judgment
and decree dated 284-2011 passed in O.S.No.12/98 on
the file of Senior CM Judge, diketi
2. lzarned counsel for the parties have submitted
that the matter has been settled between the parties
They have filed a compromise petition under Order 23
Rule 3 read with Section 151 C and requests to
dispose of these matters In. terms of the compromise
arrived at The terms and conditions of the compromise
are as follows:--
The paedes have mutually agreed and
consented to report the following statement (settlement)
arrived at in the above appeaL
/
1) The appellants herein in full and final
satisfaction and discharge of the decree
passed by Civil Judge (Senior Division),
Kodqu at Madikeri dated 26-9-3011,
have today handed over a demand draft
bearing No008112 dated 13-4-2012 for a
sum of Rs.1,31,68,TILOO (Rupees one
crate thirty one lakhs sixty eight
thousand seven hundred & Eleven only)
drawn on Karnataka Bank Ltd.,
Kasturba Road Branch, Bangalore, In
favour of Sri K.M.Chengappa. The
respondent acknowledges the receipt of
the said decreetal amount as full and final payment of the decreetal amount and this l{on'ble Court be pleased to recoed the satishotion and discharge of the decree under the appeal.
a) The respondent, has filed Cross Objection No.3/12 In the above appeal claiming additional interest on the deonetal amount at 15% pa from 1-2-1W till the date of payment However, the pon&nt has agreed and consented, restricted his olaim of additional interest 9.6% pa. only (Le ,3.5% mote than 6% Interest granted by the trial Court) ill) In pursuance of the respondent/Cross Objector agreeing and consenting for payment of, Interest at 9.3% only, the appellants have today Issued two Demand Drs bearing No .8 111 dated 13-4-2012 tr a sum of Rs.42,39,540.00 (Rupees bay two lakbs thirty nine / a fl a thousand five hundred & forty only) & Demand Drafts bearing NoSI2TO4 dated 16.4-2012 for a sum of Rs.7,06,590.0O (Rupees seven lube six thousand five hundred & n1ne only) both drawn on Kaniataka Bank Ltd, Kasturba Road Branch, ngalore, In &veur of Sri KitChengappa, totalling to RAQ,46,130.00 as additional Interest calculated upto 16.4-2012 @ 3.5% on the amount of RsS2,93,886j- granted by the trial Court In thU and final settlement and dischaige of the additional interest claimed In Cross Objection No3/2O1Z
iv) Thus In aU three Demand Drafts bearing 4 No.008112 dated 13-42012 for a sum of Rs,1,31,68,711.0O (Rupees one crore thirty one takhs sixty eight thousand seven hundred & eleven only) bearing No.008111 dated 134-2012 fin asum of Rt42,39,540.0O (Rupees forty two labs thirty nine thousand five hundred & fbrty only) & Demand Drafts bearing NoSI2TO4 dated 16.4-2012 for a sum of Rs.7,06,590,00 (Rupees seven lube six ffusand five hundred & ninety only) both drawn on Karnataka Bank Ltd., Kasturba Road Branch Bangalore, in hveur of Sri LM.Chengappa are handed over to Sri KiWhengappa in Court towards till and final settlement of the claims in RJA.No2118/3011 and Cross Objection No 3/2012 and 3d K.M.Chengappa acknowledges the recet of the above three Demand Drafts / -12- In view of the abo, appellants and respondents pray that this Hon'bte Court be pleased to dispose of R.FANo.2118/2011 and Cross Objection No.3/2012 as having been settled between the parties, The appellants and respondents theretre pray that the above settlement be recorded and the compromise petition be made a part of the decree, to be passed by this Hon'ble Court in substitution of the decree passed by the trial Court.
Both the appellants and respondents pray the Hon bit Court to pass an order tr re&nd of full court fee paid by the appellants on the memorandum of appeal to the appellants and full court fee paid by the cross objector on the memorandum of cross objection to the respondent No.1 The compromise petition Is signed by both the patties and their counsel. Appellant and respondent No1 are present. They have admitted aecution of compromise petitior 4 l3 3 Pursuant to the compromise arrived at, learned counsel for the appellant has furnished three Demand Drafts bearing No.008111 dated 13-4-2012 for a sum of Rs.42,39,540/-, No.008112 dated 13-4-2012 for a sum of Rs.1,31,68,711/- and No.912704 dated 16-4-2012 for a.
sum of Rs.7,06,590/-, drawn on Karnataka Bank, &ngalore, in favour of K.M.Chengappa. The same are taken on record and handed over to Sri Pundikai Isliwara Shat, lnrned counsel, who in turn has handedaover them to K. Mthengappa. The receipt of demand drafts Is aclmowledged by signing In the order sheet maintained oy this office
4. The appeal and cross objection are disposed of modimg the Impugned judgment and decree dated 26- 9-2011 in O.S.No.12/9S on the file of Senior Civil Judge, dlkerl, In terms of the compromise petition 4 14
5. In view of the compromise arrived at, Ristiy is directed to refttnd the Court Fee In accordance with law.
5. Sri N S.Prazad is permitted to file vakalath for Respondents I and 2 in REGULAR FIRST APPEAL Crob.2/2012 wIthin four eb JUDGE JUDGE MP*