A regular first appeal under Cr.P.C. 1908 was dismissed as withdrawn. The High Court granted the appellant liberty to challenge the compromise decree via available legal remedies and ordered a full refund of court fees under the Karnataka Court Fees Act.
Full refund of the entire court fee paid on the memorandum of appeal.
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.
NC: 2023:KHC:38588 RFA No. 1895 of 2021
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 31ST DAY OF OCTOBER, 2023
BEFORE
THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR REGULAR FIRST APPEAL NO. 1895 OF 2021 (SP)
BETWEEN:
SMT. G. K. SHEELA, W/O K. V. SURESH, AGED ABOUT 49 YEARS, PROPRIETOR OF M/S. SRIKANTESHWARA, SUPARI TRADING COMPANY, R.6 APMC YARD, SHIVAMOGGA.
REPRESENTED BY HER GPA HOLDER, K. V. SURESH, S/O LATE K. N. VEERANNA, AGED ABOUT 55 YEARS, R/O KADANNARA NILAYA, 13TH CROSS, VINOBANAGARA, SHIVAMOGGA - 577 204.
Digitally signed by VANDANA S Location: HIGH COURT OF KARNATAKA
(BY SRI. R.P. SOMASHEKHARAIAH, ADVOCATE)
AND:
…APPELLANT
NC: 2023:KHC:38588 RFA No. 1895 of 2021
ALL ARE R/OF 100 FEET ROAD, GANDHI NAGAR, SHIVAMOGGA - 577 204,
AND ALL ARE RESIDING ALSO AT:
P. KANNAPPA MODALIYAR AND SONS, ARECANUT MERCHANTS, NO. 10, C-BLOCK, APMC YARD, SHIVAMOGGA - 577 204.
…RESPONDENTS
THE RFA IS FILED U/S 96 OF THE CR.P.C. 1908 TO SET ASIDE COMPROMISE JUDGMENT AND DECREE DATED 14/12/2019 PASSED BY THE PRINCIPAL SENIOR CIVIL JUDGE AND CJM SHIVAMOGGA AND REMAND THE MATTER FOR FRESH CONSDIERATION AND DISOSAL IN ACCORDANCE WITH LAW.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
Learned counsel for the appellant has filed a memo seeking withdrawal of the appeal with liberty to challenge the impugned compromise decree by taking recourse to such remedy as available in law. It is also submitted that since the present appeal was filed due to oversight and inadvertence, the
Court fee was also paid on the memorandum of appeal as contemplated under Section 67 of the Karnataka Court fees and Suits Valuation Act, 1958 and hence, the same may be refunded back to the appellant.
3. The appeal is dismissed as withdrawn reserving
liberty in favour of the appellant to take recourse such remedy as available in law.
Sd/JUDGE
MH/List No.: 1 Sl No.: 9 CT: BHK
2 provisions across 2 enactments
Smt. G. K. Sheela
R. Kalyani
Sujatha
R. Pradeep
K. R. Karthiyian
S.R.Krishna Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
