(C.T. Ravikumar and Sanjay Karol, JJ.)
M. Roopa and Another ____________________________ Appellant(s);
v.
Abhinay _________________________________________ Respondent.
Civil Appeal No. 6334 of 2024, decided on October 16, 2024
The Judgement of the court was delivered by
Judgment
1. The captioned appeal is directed against the interim order dated 9.12.2019 passed by the High Court of Karanataka at Bengaluru in I.A. No. 1/2008 in RSA No. 2541/2007.
2. Heard learned counsel appearing for the parties. It is submitted by the learned counsel on both sides that pending this appeal, the entire issues arising out of the subject matter of the RSA No. 2541/2007 have been settled and the Settlement Agreement dated 02.08.2024 is placed on record. Same is taken on record and shall form the part of this judgment.
3. The settlement would reveal that the matter has been settled amicably before the Pre-Special Lok Adalat Conciliation meeting held on 2.8.2024 and the parties and their counsel have signed the same. In the light of the fact that the entire issues arising from O.S. No. 1048/1989 which is now pending before the High Court in RSA No. 2541/2007, stand settled between the parties and looking to the terms of the settlement, we are of the view that to enable the parties to give quietus to the long-drawn-out-litigation, it is only appropriate to dispose of this appeal by recording the terms of the settlement, appropriately.
4. Going by the terms of the settlement, specifically mentioned in paragraph 2.10, the respondent herein who is the appellant in RSA No. 2541/2007 has undertaken to withdraw the said appeal without any separate condition, but evidently, subject to the terms of the settlement dated 2.8.2024. We have gone through the terms of the settlement and we do not find any unconscionable terms in the settlement and in such circumstances to make the terms of the settlement to be operational and binding on the parties, on consent of both parties, the judgment and decree dated 5.1.2001 passed in O.S. No. 1048/1989 are set aside and consequently, in terms of the undertaking mentioned above by the respondent herein RSA No. 2541/2007 filed by the respondent and pending before the High Court of Karnataka at Bengaluru is dismissed as withdrawn. O.S. No. 1048/1989 is decreed in terms of the compromise dated 02.08.2024. Let a decree be drawn in terms of the compromise dated 02.08.2024. It is made clear that hereafter the parties will be governed only by the terms and conditions in the Settlement dated 2.8.2024.
5. The appeal is disposed of as above.
6. Registry shall send a copy of this order to the concerned courts to update their records.
———
