Disposed

Bheemachandra Education Trust v. Sri Jason E Davis

Karnataka HC15 Jul 2024RFA/637/2020

Case brief

AI extract

What is this about?

Regular first appeal from a dismissed suit for specific performance was settled through mediation at the Karnataka Mediation Centre. The court recorded the parties' Memorandum of Settlement, referred court-fee refund to the Registry, and disposed of the appeal per the settlement.

What did the court decide?

Appeal disposed of in terms of Memorandum of Settlement dated 15.06.2024; I.A.No.1/2022 dismissed as withdrawn; Registry to consider court fee refund per law.

Bheemachandra Education Trust Vs Sri Jason E Davis — Specific Performance | Karnataka HC (2024)

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NC: 2024:KHC:27292-DB RFA No. 637 of 2020

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 15^TH DAY OF JULY, 2024

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PRESENT

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THE HON'BLE MR JUSTICE V KAMESWAR RAO

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AND

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THE HON'BLE MR JUSTICE C M JOSHI

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REGULAR FIRST APPEAL NO. 637 OF 2020 (SP)

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BETWEEN:

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BHEEMACHANDRA EDUCATION TRUST, BY ITS MANAGING TRUSTEE, DR. S.B. UMESH BABU, RESIDING AT NO.113, 4^TH CROSS ROAD, R.K. LAYOUT, PADMANABHANAGAR, BANGALORE.

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…APPELLANT

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(BY SRI. MARILINGE GOWDA, ADVOCATE) AND:

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Digitally signed by K G RENUKAMBA Location: High Court of Karnataka

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SRI. JASON E DAVIS, S/O. DAVIS, AGED ABOUT 52 YEARS, RESIDING AT NO.311, 4^TH CROSS, 2^ND STAGE, INDIRANAGAR, BANGALORE. …RESPONDENT (BY SMT. D. BHUVANESHWARI, ADVOCATE FOR R1, SRI. LAKSHMI NARAYANA.V., ADVOCATE FOR IMPLEADING APPLICANT-R2) THIS RFA IS FILED UNDER ORDER XLI RULE 1 R/W SECTION 96 OF THE CPC, AGAINST THE JUDGMENT AND DECREE DATED 18.09.2019 PASSED IN OS.NO.877/2009 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE, BANGALORE (RURAL) DISTRICT, BANGALORE, DISMISSING THE SUIT FOR SPECIFIC PERFORMANCE OF CONTRACT.

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NC: 2024:KHC:27292-DB RFA No. 637 of 2020

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THIS APPEAL COMING ON FOR ORDERS THIS DAY, V KAMESWAR RAO J, DELIVERED THE FOLLOWING:

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JUDGMENT

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In terms of the order dated 14.06.2024, the

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parties were relegated to the mediation process under the aegis of the Karnataka Mediation Centre, Bengaluru. The Director of the Karnataka Mediation Centre, Bengaluru has sent a letter dated 18.06.2024, to the Registrar General of this court, stating that parties have settled the dispute. It has enclosed therewith the Memorandum of Settlement entered between the parties dated 15.06.2024.

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Learned counsel for the parties states that,

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parties shall be bound by the terms of the settlement dated 15.06.2024.

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Their statement and the Memorandum of

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Settlement dated 15.06.2024 are taken on record.

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In so far as the refund of the Court Fee is

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concerned, the Registry shall consider the same in accordance with the law.

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3 - NC: 2024:KHC:27292-DB RFA No. 637 of 2020

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Accordingly, the appeal is disposed of in terms

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of the Memorandum of Settlement dated 15.06.2024.

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I.A.No.1/2022, which is for impleading the

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applicant is not pressed by the counsel, the same is

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dismissed as withdrawn.

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sd/JUDGE

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sd/JUDGE

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SMC/List No.: 1 Sl No.: 2

Bheemachandra Education Trust v. Sri Jason E Davis

Case brief

What is this about?

What did the court decide?

Bheemachandra Education Trust v. Sri Jason E Davis

Case brief

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