In a regular second appeal filed under Section 100 of the CPC which was settled out of court, the court noted that the appellant was not pressing the appeal and dismissed it. The quality is thin due to the lack of substantive legal reasoning or substantive outcome.
The appeal was dismissed as withdrawn upon acceptance of a settlement memo by the appellant.
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:21013 RSA No. 1366 of 2008
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 15TH DAY OF JUNE, 2023
BEFORE
THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR
REGULAR SECOND APPEAL NO.1366 OF 2008 (DEC & INJ)
BETWEEN:
SRI. MANJAPPA, S/O BEERAPPA, AGED ABOUT 55 YEARS, AGRICULTURIST, R/AT NAGAPPA COLONY, THARIKERE TOWN, CHICKMAGALUR DISTRICT.
…APPELLANT
(BY SRI K.SRINIVASA GOWDA, ADVOCATE)
AND:
Digitally signed by PAVITHRA B Location: HIGH COURT OF KARNATAKA
R/AT NAGAPPA COLONY,
NC: 2023:KHC:21013 RSA No. 1366 of 2008
THARIKERE TOWN, CHICKMAGALUR DISTRICT.
…RESPONDENTS
(BY SRI K.M.NATARAJU, ADVOCATE FOR R1; V/O DATED 31/01/2018 NOTICE TO R2 IS D/W)
THIS RSA IS FILED U/S 100 OF CPC AGAINST THE JUDGEMENT AND DECREE DATED 29.03.2008 PASSED IN RA.NO.2/2006 ON THE FILE OF THE PRESIDING OFFICER, FAST TRACK COURT, TARIKERE, DISMISSING THE APPEAL FILED AGAINST THE JUDGEMENT AND DECREE DATED 05.12.2005 PASSED IN OS.NO.152/2001 ON THE FILE OF THE CIVIL JUDGE (JR.DN.) AND ADDL. JMFC, TARIKERE.
THIS APPEAL COMING ON FOR HEARING THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
Learned counsel for the appellant has filed a memo
stating that the matter will be settled out of Court. Therefore, the appellant is not pressing the appeal.
requested, the appeal is dismissed as withdrawn .
Sd/JUDGE
PB
List No.: 2 Sl No.: 5
SRI. MANJAPPA, S/O BEERAPPA
SMT. NETHRAMMA W/O LATE RUDRAPPA
SRI. KUMARAPPA S/O THIMMANAVARA GOVINDAPPA
HANCHATE SANJEEVKUMAR
PB
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
