Second appeal disposed of by settlement bifurcated. Appellants handed over Demand Draft to Respondent No.1. Court directed registry to refund court fee.
Appeal disposed of by settlement; Demand Draft of Rs.6,00,000/- payable by appellants to Respondent No.1; court fee refunded.
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 23RD DAY OF AUGUST, 2023
BEFORE
THE HON'BLE MR JUSTICE H.P.SANDESH
REGULAR SECOND APPEAL NO. 1655 OF 2021 (DEC/INJ)
BETWEEN:
Digitally signed by SHARANYA T Location: HIGH COURT OF KARNATAKA
ALL APPELLANTS ARE RESIDING AT NEAR KALIKAMBA TEMPLE BEHIND MAHARANI'S COLLEGE KAMANABHAVI EXTENSION CHITRADURGA -577 501
…APPELLANTS
(BY SRI T. SESHAGIRI RAO, ADVOCATE)
AND:
NC: 2023:KHC:30064 RSA No. 1655 of 2021
ASSAR MOHALLA CHITRADURGA-577501.
2. CITY MUNICIPALITY CHITRADURGA
REPRESENT BY ITS COMMISSIONER CHITRADURGA -577501
…RESPONDENTS
(BY SRI M.A. HUMAYUN, ADVOCATE FOR R1; SMT. SINCHANA M.R., ADVOCATE FOR R2)
THIS RSA IS FILED UNDER SECTION 100 OF CPC AGAINST THE JUDGMENT AND DECREE DATED 23.12.2020 PASSED IN R.A.NO.57/2019 ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE, CHITRADURGA, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 15.06.2019 PASSED IN O.S.NO.301/2010 ON THE FILE OF THE I ADDITIONAL CIVIL JUDGE AND JMFC, CHITRADURGA.
THIS APPEAL COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
This matter was referred to the Bangalore Mediation Centre and the same is settled. Copy of the settlement dated 22.8.2023 and Memorandum of Settlement Deed under Section 89 of CPC is also placed before the Court and in terms of settlement, Demand Draft of Rs.6,00,000/- is handed over to respondent No.1 before the Court and acknowledged the same and the said Demand Draft is paid by the appellants.
Sd/JUDGE
AP List No.: 1 Sl No.: 22
2 provisions across 1 enactments
UMADEVI W/O LATE SHADAKSHARAPPA
BASAVESHA S/O LATE SHADAKSHARAPPA
VEERESH S/O LATE SHADAKSHARAPPA
MOHAMMED EAJAZ AHAMED
CITY MUNICIPALITY CHITRADURGA
H.P. SANDESH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
