The Karnataka High Court dismissed an amendment R.S.A. filed under Section 100 CPC as withdrawn. The appellant's counsel submitted a memo stating that the dispute was settled amicably out of court post-filing of the appeal.
The appeal is dismissed as withdrawn due to settlement between parties.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF SEPTEMBER, 2021
BEFORE
THE HON'BLE MR. JUSTICE H.P. SANDESH
R.S.A.NO.602/2021 (PAR)
BETWEEN:
SRI S.MUNIYAPPA S/O LATE SONNAPPA AGED ABOUT 61 YEARS RESIDING AT MASTHENAHALLI VILLAGE KASABA HOBLI, SRINIVASPURA TALUK KOLAR DISTRICT-563 135. … APPELLANT
[BY SRI SHASHI KUMAR, ADVOCATE]
AND:
SMT. LAKSHMAMMA W/O LATE NANJUNDAPPA DEAD BY LRs.
1 . K.N.NARAYANASWAMY S/O. LATE NANJUNDAPPA AGED ABOUT 46 YEARS RESIDING AT JANNAGHATTA VILLAGE SUGATUR HOBLI, KOLAR TALUK KOLAR DISTRICT-563 102.
2 . SRI S.MUNIVANAKATAPPA S/O LATE SONNAPPA AGED ABOUT 62 YEARS RESIDING AT NO.806 ‘HARE KRISHNA BUILDING’ TANK BUND ROAD CHINTAMANI TOWN CHIKKABALLAPUR DISTRICT-563 125.
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RESPONDENT NOS.4 TO 7 ARE RESIDING AT JANNAGHATTA VILLAGE SUGATUR HOBLI, KOLAR TALUK KOLAR DISTRICT-563 102. … RESPONDENTS
[BY SRI VARADA REDDY G.K., ADVOCATE FOR C/R1]
THIS R.S.A. IS FILED UNDER SECTION 100 OF CPC AGAINST THE JUDGMENT AND DECREE DATED 06.02.2021 PASSED IN R.A.NOS.169/2019 AND 12/2021, ON THE FILE OF THE I ADDITIONAL DISTRICT JUDGE, KOLAR, PARTLY ALLOWING THE R.A.NO.169/2019 AND DISMISSING THE R.A.NO.12/2021 FILED AGAINST THE JUDGMENT AND DECREE DATED 25.10.2019 PASSED IN O.S.NO.86/2012 ON THE FILE OF THE III ADDITIONAL SENIOR CIVIL JUDGE, KOLAR.
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THIS R.S.A. COMING ON FOR ORDERS THROUGH ‘VIDEO CONFERENCE’ THIS DAY, THE COURT DELIVERED THE FOLLOWING:
J U D G M E N T
Learned counsel for the appellant has filed a memo for withdrawal of the appeal stating that subsequent to the filing of the present appeal, the dispute between the parties settled amicably out of Court. Hence, prays this Court to dismiss the appeal as not pressed with liberty to file fresh appeal, if necessary.
been settled out of Court amicably, the question of giving liberty to file fresh appeal does not arise, as sought in the memo.
withdrawn.
Sd/JUDGE
ST
2 issues framed by the court
Whether to maintain liberty to file fresh appeal given the settlement and withdrawal of appeal.
Whether to allow withdrawal of the revisional appeal filed under Section 100 CPC.
Sri S.Muniyappa
Smt. Lakshmamma
K.N.Narasimhaswamy
Sri S.Munivanakatappa
Sri N.Gopalakrishna
Smt. Sujathamma
H.P. Sandesh
As recorded by the court registry
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