Regular First Appeal in a recovery suit where counsel submitted that the matter was settled in execution proceedings. The court dismissed the appeal as withdrawn and granted a refund of court fee.
Refund of court fee granted.
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.
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 6TH DAY OF OCTOBER, 2023
BEFORE
THE HON'BLE MR JUSTICE K.NATARAJAN REGULAR FIRST APPEAL NO. 1883 OF 2021 (MON)
BETWEEN:
…APPELLANT
(BY SRI. AKARSH KUMAR GOWDA, ADVOCATE)
AND:
Digitally signed by VEDAVATHI A K Location: High Court of Karnataka
…RESPONDENT (BY SRI. JAIRAJ G., ADVOCATE AND MS. S. NAGANANDINI, ADVOCATE)
THIS RFA IS FILED UNDER SECTION 96 OF CPC AGAINST THE JUDGMENT AND DECREE DATED 19.03.2021 PASSED IN OS No.3182/2016 ON THE FILE OF THE LVI ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU, DECREEING THE SUIT FOR RECOVERY OF MONEY.
NC: 2023:KHC:36608 RFA No. 1883 of 2021
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
Learned counsel for both parties submits that the matter has been settled between the parties in the execution proceedings. The amount has been settled and the execution proceedings is also closed. Such being the case, this appeal does not survive for consideration.
At this stage, learned counsel for the appellant
also seeks permission to withdraw the appeal.
Accordingly, this appeal is dismissed as
withdrawn.
The appellant is also entitled for refund of the court fee in accordance with law.
AKV List No.: 1 Sl No.: 11
Sd/JUDGE
SMT. ARUNA W/O. MAHESH GOWDA
SMT. PRAMILA SRINIVAS W/O. SRINIVAS
K. NATARAJAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
