Appellant filed a memo seeking withdrawal of the regular first appeal since the dispute was settled outside court; the High Court accepted the memo and dismissed the appeal as withdrawn.
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 5TH DAY OF JUNE, 2024
PRESENT
THE HON'BLE MRS. JUSTICE ANU SIVARAMAN
AND
THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE REGULAR FIRST APPEAL NO. 985 OF 2023 (SP)
BETWEEN:
SRI. S. SHIVAPRAKASH S/O LATE K.B. SIDDAGANGAIAH AGED ABOUT 59 YEARS RESIDING AT NO.496 SHRUSTI SAMPADA FLAT NO.206, 17TH CROSS IDEAL HOMES LAYOUT SECTOR-B, KENCHENAHALLI RAJARAJESHWARI NAGAR BANGALORE-560 098
…APPELLANT
(BY SRI. NANJUNDA SWAMY N., ADVOCATE)
Digitally signed by CHANNEGOWDA PREMA Location: High Court of Karnataka
AND:
17TH MAIN, 6TH A CROSS BANASHANKARI 1ST STAGE BANGALORE-560 050
AGED ABOUT 68 YEARS RESIDING AT NO.142, 12TH CROSS KETHMARANAHALLI, 1ST BLOCK RAJAJINAGAR, BANGALORE-560 010
…RESPONDENTS
THIS RFA IS FILED UNDER SECTION 96 R/W ORDER 41 RULE 1 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 23.11.2022 PASSED IN OS NO.176/2016 ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, SHIVAMOGGA. DISMISSING THE SUIT FOR SPECIFIC PERFORMANCE OF AGREEMENT.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, ANU SIVARAMAN J., DELIVERED THE FOLLOWING:
JUDGMENT
Learned counsel for the appellant has filed a memo
seeking withdrawal of the appeal since the dispute is settled
out of the Court.
Memo is accepted.
Accordingly, appeal is dismissed as withdrawn.
Application if any, for release of amounts in deposit shall
be considered by the Trial Court in view of the withdrawal of this appeal.
Sd/JUDGE
Sd/JUDGE
RAK, List No.: 1 Sl No.: 3
1 provisions across 1 enactments
Sri S. Shivaprakash
Smt. Sridevi
Smt. Aruna Prasad
Smt. Sudhina
Smt. N.S. Vani
Smt. N.S. Asha
Anu Sivaraman
Anant Ramanath Hegde
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
