IN THE HIGH COURT OF KARNATAKA CIRCUIT BENCH AT DHARWAD DATED THIS THE 19 TH DAY OF JULY, 2O11. PRESENT THE HON’BLE MR.JUSTICE V.G.SABHAHIT AND THE HON’BLE MRJUSTICE B.MANOHAR RE MON BETWEEN: 1. PRADEEP RAMACHANDRA NAIK, AGED ABOUT 34 YEARS, R/O.OPPOSITE GOVT. ARTS AND SCIENCE COLLEGE, KARWAR-501 301. 2. SMT. SUSHILA RAMACHANDRA NAIK, AGED ABOUT 60 YEARS, R/O. OPPOSITE GOVT. ARTS AND SCIENCE COLLEGE, KARWAR-501 301. 3. GURUDAS © GURUNATH DATTARAM BANDEKAR, S/O. DATTARAM BANDEKAR, AGED ABOUT 34 YEARS, R/O.KARWAR URBAN CO-OP.BANK, KARWAR-501 301. APPELLANTS (BY SRI.V.P.KULKARNI, ADV.,) AND: VARADA GRAM EEN BANK, REGISTERED HEAD OFFICE, KUMTA BRANCH AT KAR WAR, REPRESENTED BY THE BRANCH MANAGER, SRI.LAXMINARAYAN MAHABALESHWAR HEGDE, CIVIL COURT ROAD, KARWAR-501 301. RESPONDENT (BY SRI.C.V.ANGADI, ADV) THIS RFA IS FILED UNDER SECTION 96 OF CPC AGAINST THE JUDGMENT AND DECREE DATED 13/12/2005 PASSED IN O.S.No.13/2002 ON THE FILE OF THE PRL. CIVIL JUDGE (SR.DN.), KARWAR, DECREEING THE SUIT FOR RECOVERY OF MONEY. THIS APPEAL COMING ON FOR FINAL HEARING, THIS DAY, V.G.SABHAHIT.J., DELIVERED THE FOLLOWING: JUDGMENT This appeal is filed by the defendants in O.S. No.13/2002 on the ifile of the PrI. Civil Judge (Sr. Dn.), Karwar, being aggrieved by the judgement and decree dated 13.12.2005, wherein the suit was decreed with costs with a direction to defendants 1 to 3 to jointly and severally pay the claim of Rs.4,41,053/- to the plaintiff with interest at 12% per annum from the date of the suit till the date of realization with half yearly rests. 2. The learned counsel appearing for the appellants submitted that the matter has been settled and benefit of One Time Settlement (OTS) was given to the appellants, which was accepted by them and payment has been made to the respondent - Bank. Memo is also filed to that effect. Under the circumstances, the appeal is dismissed as settled out of Court. Since the settlement was done at the instance of the Court, the appellants are entitled to refund of Court Fee. Sd/ JUDGE Sd/ JUDGE sma