Appeal against dismissal of a suit for recovery of money filed under Order XLI Rule 1 of CPC was dismissed as withdrawn by the appellant following an amicable settlement arrived at in Lok Adalat. Court granted the appellant court fees.
Appeal dismissed as withdrawn; Appellant entitled to court fees.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF JULY, 2021
:PRESENT:
THE HON’BLE MRS. JUSTICE S. SUJATHA
AND
THE HON’BLE MR. JUSTICE E.S. INDIRESH
REGULAR FIRST APPEAL NO.1029/2017(PAR)
BETWEEN:
DR. MADHAVA S. HEJMADY S/O SOMAYYA AGED ABOUT 60 YEARS R/A NO.10, SUNDARA KAMAL BUILDING SHANTHINAGAR, JEPPU MANGALURU-575002 REPRESENTED BY HIS POWER OF ATTORNEY HOLDER SRI DINKER SHETTY S/O K G SHETTY AGED ABOUT 54 EYARS R/O BHANDARY HOUSE, BHAGAVATHI NAGAR IST MAIN, KODIALBAIL MANGALURU-575003
...APPELLANT
(BY SRI P.P. HEGDE, ADV.)
2
AND
3
8. HENRY BARBOZA S/O SYLVESTER BARBOZA C/O BONAVENTURE BARBOZA
4
R/A 2-11, KANKU VILLA ASHOKNAGAR, NEHRU ROAD MULUND WEST MUMBAI-400 090
5
GAMDEV ROAD MUMBAI-400 090
6
AGED ABOUT 56 YEARS R/A BOG-3, 41103-104 ABHISHEK BLDG., YASHODHAM VIDYALAYA MARG, GOREGAON(E) MUMBAI-400063
14 (d) SANJAY SURENDRA PAI S/O LATE T. SURENDRA DAS PAI AGED ABOUT 46 YEARS R/A A-904, RIVIERA BUILDING OFF GHODBUNDER ROAD THANE(W)-400607
7
RESPONDENTS
(BY SRI CHANDRANATH ARIGA K., ADV., FOR R17)
THIS REGULAR FIRST APPEAL IS FILED UNDER SEC.96 R/W ORDER XLI RULE 1 OF CPC., 1908 AGAINST THE JUDGMENT AND DECREE DATED 27.02.2017 PASSED IN OS.NO.200/2015 ON THE FILE OF THE ITINERARY SENIOR CIVIL JUDGE, MOODBIDRI, DISMISSING THE SUIT FOR RECOVERY OF MONEY.
THIS APPEAL COMING ON FOR ADMISSION THIS DAY, S. SUJATHA, J. , DELIVERED THE FOLLOWING:
8
:J U D G M E N T:
Learned counsel for the appellant has filed a memo seeking permission to withdraw the appeal in terms of the amicable settlement arrived at between the parties in the Lok Adalat held on 27.03.2021.
Sd/-
JUDGE
Sd/JUDGE
Sbs*
2 issues framed by the court
Whether the regular first appeal stands dismissed upon withdrawal by the appellant after amicable settlement in Lok Adalat.
Whether the appellant is entitled to court fees upon withdrawal of the appeal under the Karnataka Court Fees Act, 1958.
3 provisions across 2 enactments
DR. MADHAVA S. HEJMADY
M/S CANARA LIGHTING INDUSTRIES LTD.
AJEETH KHARE
BONAVENTRUE BARBOZA
RAMESH GUNDRAYA SHENOY
S. SUJATHA
E.S. INDIRESH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court