Dismissed

Sri. Suchindra v. Sri. Shankar G Shettigar

Karnataka HC7 Jun 2023RFA/752/2020

Case brief

AI extract

What is this about?

The High Court of Karnataka disposed of a regular first appeal filed under Section 96 CPC seeking withdrawal from a specific performance suit dismissed in the original suit due to settlement between parties. Leave to withdraw was granted and the appeal dismissed with costst.

What did the court decide?

Leave to withdraw the appeal granted. Registry directed to refund court fee to the appellant.

Sri. Suchindra Vs Sri. Shankar G Shettigar — Civil Procedure and Limitation | Karnataka HC (2023)

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1 - NC: 2023:KHC:19331-DB RFA No. 752/2020

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 7^TH DAY OF JUNE, 2023

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PRESENT

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THE HON'BLE MR JUSTICE P.S.DINESH KUMAR

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AND

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THE HON'BLE MR JUSTICE T.G. SHIVASHANKARE GOWDA

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REGULAR FIRST APPEAL NO. 752 OF 2020 (SP)

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BETWEEN:

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Digitally signed by YASHODHA N Location: HIGH COURT OF KARNATAKA

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SRI. SUCHINDRA S/O SRI GOVINDA NAYAK AGED ABOUT 34 YEARS SHETTIBETTU YERLAPADY VILLAGE KARKALA TALUK

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UDUPI DISTRICT-576 112. …APPELLANT

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(BY SHRI. K. CHANDRANATH ARIGA, ADVOCATE)

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AND:

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SRI. SHANKAR G. SHETTIGAR AGED ABOUT 52 YEARS

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SRI. MAHABALA G. SHETTIGAR AGED ABOUT 59 YEARS

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SRI. MUDDU G. SHETTIGAR AGED ABOUT 57 YEARS

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SRI. VASU G. SHETTIGAR AGED ABOUT 51 YEARS

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ALL ARE CHILDREN OF LATE GURUVA SHETTIGAR AND ARE RESIDING AT

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2 - NC: 2023:KHC:19331-DB RFA No. 752/2020

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BATTRADI SHIVAPURA VILLAGE KARKALA TALUK UDUPI DISTRICT-576 112.

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SRI. SANTHOSH KUMAR SHETTY S/O RAJU SHETTY AND SMT. GULABI SHEDTHI AGED ABOUT 36 YEARS RESIDING AT “SHRIRAM” NAYARKODI POST: SHIVAPURA VILLAGE KARKALA TALUK UDUPI DISTRICT-576 112.

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SHREE ANANTHA PADMANABHA CREDIT COOPERATIVE SOCIETY HEBRI KARKALA TALUK-576 112. REPT. BY ITS SECRETARY

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HEBRI VYAVASAYA SAHAKARA BANK HEBRI KARKALA TALUK-576 112. REPT. BY ITS SECRETARY …RESPONDENTS

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(BY SHRI. RAMESH CHANDRA, ADVOCATE FOR C/R5) R1 TO R4, R6 AND R7 ARE SERVED)

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THIS RFA IS FILED UNDER SECTION 96 OF THE CPC, AGAINST THE JUDGMENT AND DECREE DATED 26.02.2020 PASSED IN OS.NO.29/2016 ON THE FILE OF THE SENIOR CIVIL JUDGE AND ACJM, KARKALA, DISMISSING THE SUIT FOR SPECIFIC PERFORMANCE.

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THIS RFA, COMING ON FOR ORDERS , THIS DAY, P.S.DINESH KUMAR, J. , DELIVERED THE FOLLOWING:

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3 - NC: 2023:KHC:19331-DB RFA No. 752/2020

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JUDGMENT

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Shri K.Chandrnath Ariga, learned advocate for the

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appellant has filed memo dated 25.05.2023 and it reads as

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follows:

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“ The appellant filed a suit for specific performance of an agreement of sale dated: 29.10.2013 before the Sr. Civil Judge and ACJM, Karkala in O.S.No. 29/2016. In the said suit, the Appellant had a court fee of Rs. 97,925/-. The said suit came to be dismissed by judgment dated: 26.02.2020.

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The above appeal is against the judgment in O.S.No.29/2016 on the file of the Sr. Civil Judge and ACJM, Karkala. The Appellant seeks permission to withdraw the above appeal since the matter in dispute is settled. In view of the settlement, the appellant seeks permission of this hon’ble court to withdraw the suit in O.S.No.29/2016 on the file of the Sr. Civil Judge and ACJM, Karkala and the above appeal.

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The hon’ble court may order withdrawal of the suit and the appeal. The court fee paid in the appeal may kindly be ordered to be refunded.”

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Though in the memo leave is sought to

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withdraw the suit also, Shri Ariga restricts his

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prayer for withdrawal of the appeal only.

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NC: 2023:KHC:19331-DB RFA No. 752/2020

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Leave granted to withdraw this appeal and it is

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accordingly dismissed.

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Registry shall refund the court fee to the appellant

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in accordance with law.

No costs.

Sd/JUDGE

Sd/JUDGE

YN List No.: 1 Sl No.: 20

Sri. Suchindra v. Sri. Shankar G Shettigar

Case brief

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Sri. Suchindra v. Sri. Shankar G Shettigar

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