Appeal against dismissal of a suit for cancellation of a sale deed was withdrawn after the appellant filed a memo stating the matter was amicably settled out of court; the court dismissed the appeal as withdrawn and referred the prayer for refund of court fee to the Registry.
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NC: 2024:KHC:19818-DB RFA No. 2199 of 2019
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF JUNE, 2024 PRESENT
THE HON'BLE MR JUSTICE V KAMESWAR RAO
AND
THE HON'BLE MR JUSTICE C M JOSHI REGULAR FIRST APPEAL NO. 2199 OF 2019
BETWEEN:
SMT. APARNA RAMESH W/O SRI V. RAMESH AGED ABOUT 39 YEARS RESIDING AT NO.410 6TH MAIN, 2ND BLOCK HRBR LAYOUT, KALYANA NAGARA BENGALURU - 560 043.
…APPELLANT
(BY SRI UMA SHANKAR M.N, ADV.)
AND:
Digitally signed by NANDINI R Location: High Court of Karnataka
NC: 2024:KHC:19818-DB RFA No. 2199 of 2019
KALYANA NAGARA
BENGALURU - 560 043.
…RESPONDENTS
(BY SRI GANAPATHI BHAT, ADV., FOR C/R1; SRI N. RAMAKRISHNA, ADV., FOR R-2)
THIS RFA IS FILED UNDER SEC 96 R/W ORDER 41 RULE 1 O FCPC., AGAINST THE JUDGMENT AND DECREE DATED 17.07.2019 PASSED IN OS NO.4335/2012 ON THE FILED OF THE XV ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, AT BANGALURU DISMISSING THE SUIT FOR CANCELLATION OF SALE DEED.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, V KAMESWAR RAO J., DELIVERED THE FOLLOWING:
JUDGMENT
Learned counsel for the appellant has filed a memo for withdrawal of the appeal, which reads as under:
"It is submitted that in the above matter 1st Respondent died on 29/07/2020 and his L.R's are the Appellant and the 2nd Respondent are already on record. It is submitted that the matter has been amicably settled out of court in between the Appellant and the Respondent 2 and 3 in respect of the Suit schedule property. Hence, the Appellant prays this Hon'ble court to dispose of the above Appeal as settled out of Court and Court fee paid may kindly be refunded to the Appellant, in the interest of justice."
NC: 2024:KHC:19818-DB RFA No. 2199 of 2019
appellant submits that he has instructions from the appellant to withdraw the appeal.
Prayer for refund of Court fee be considered by the Registry as per the Rules.
Sd/-
JUDGE
Sd/JUDGE
NR CT:DN
List No.: 1 Sl No.: 4
2 provisions across 1 enactments
SMT. APARNA RAMESH
SHRI V. RAMESH
MASTER R. PURUJITH
V KAMESWAR RAO
C M JOSHI
As recorded by the court registry
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