Disposed

B S Thippeswamy v. K C Sateesha

Karnataka HC28 Sept 2021RSA/907/2017

Case brief

AI extract

What is this about?

The Karnataka High Court disposed of a revisional appeal withdrawn by settlement. The appellant agreed to pay the respondent to resolve the dispute. The court allowed the withdrawal and ordered a refund of court fees under Section 66 of the Karnataka Court Fees and Suits Valuation Act.

What did the court decide?

Appeal disposed of as withdrawn with order of refund of entire court fee to the appellant.

B S Thippeswamy Vs K C Sateesha — Civil Procedure and Limitation | Karnataka HC (2021)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 28^TH DAY OF SEPTEMBER 2021

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BEFORE

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THE HON’BLE MR. JUSTICE E.S.INDIRESH

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R.S.A. No.907/2017

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BETWEEN:

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B.S.THIPPESWAMY S/O ANGADI SHARANAPPA, AGED ABOUT 62 YEARS, R/AT NAGARAMGERE VILLAGE, CHALLAKERE TALUK-577 595, CHITRADURGA DISTRICT.

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... APPELLANT

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(BY SRI B.V.KRISHNA., ADVOCATE)

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AND:

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K.C.SATEESHA S/O CHENNAPPA, AGED ABOUT 46 YEARS, R/AT NAGARAMGERE VILLAGE, CHALLAKERE TALUK-577 595, CHITRADURGA DISTRICT.

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... RESPONDENT

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(BY SRI K.B.THIPPESWAMY., ADVOCATE)

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THIS R.S.A. IS FILED UNDER SECTION 100 R/W ORDER 41 OF CPC 1908 AGAINST THE JUDGMENT AND DECREE DATED 04.04.2017 PASSED IN RA.NO.39/2016 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, CHALLAKERE, DISMISSING THE APPEAL AND CONFIRMING THE ORDER DATED 07.11.2016 PASSED IN OS.NO.140/2014 ON THE FILE OF THE PRL.CIVIL JUDGE AND JMFC., CHALLAKERE.

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THIS R.S.A. COMING ON FOR FURTHER HEARING THIS DAY, THE COURT, DELIVERED THE FOLLOWING:

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J U D G M E N T

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This appeal is filed by the defendant-1, challenging the judgment and decree dated 04.04.2017 passed in RA No.39/2016 on the file of the Senior Civil Judge and JMFC., Challakere, confirming the judgment and decree dated 07.11.2016 passed in OS No.140/2014 on the file of Prl. Civil Judge and JMFC., Challakere, decreeing the suit of the plaintiff.

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The appeal was heard in part on the last occasion. Thereafter, the learned counsel appearing for the appellant submitted that, there is a possibility of settlement in the matter. As such, the appeal was listed today.

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Learned counsel appearing for the parties have filed a memo dated 25.09.2021 stating that the parties to the suit have settled the matter out of Court and thereby the appellant had agreed to a pay to the respondent a sum of Rs.1,40,000/-(Rupees One Lakh Forty Thousand

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only) towards full and final settlement of the decreetal amount within 3 months from today. Memo is duly signed by the parties and their respective counsel. Memo is taken on record.

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Accepting the submission made by the learned counsel appearing for the appellant and in view of the memo dated 25.09.2021, the appeal is disposed of as withdrawn.

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Since the parties have resolved the dispute out of the Court, the appellant is entitled for refund of the entire Court Fee in terms of Section 66 of Karnataka Court Fees and Suits Valuation Act-1958.

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Sd/JUDGE

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PTJ

B S Thippeswamy v. K C Sateesha

Case brief

What is this about?

What did the court decide?

B S Thippeswamy v. K C Sateesha

Case brief

What is this about?

What did the court decide?

What the court decided

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