First appeal against a decree for declaration and possession was withdrawn after the parties settled the dispute before the Mediation Centre, Bengaluru, reported to the Supreme Court in Civil Appeal Nos.1846-1847/2010; the appeal was disposed of as not pressed.
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NC: 2024:KHC:31559-DB RFA No. 991 of 2008
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF AUGUST, 2024 PRESENT
THE HON'BLE MR JUSTICE S.G.PANDIT
AND
THE HON'BLE MR JUSTICE C.M. POONACHA REGULAR FIRST APPEAL NO. 991 OF 2008 (DEC)
BETWEEN:
SRI KARIYAPPA @ BYRAPPA S/O. LATE SRI DODDE GOWDA @ KEMPE GOWDA AGED ABOUT 65 YEARS R/AT NO.31/01, B.T.S. MAIN ROAD WILSON GARDEN EXTENSION
BANGALORE-560027. …APPELLANT
(BY SRI.VINOD REDDY, ADV.)
AND:
Digitally signed by MARIGANGAIAH PREMAKUMARI Location: HIGH COURT OF KARNATAKA
(BY SRI. G RAVISHANKAR AND SRI A.V. GANGADHARAPPA, ADV. FOR C/R1)
THIS APPEAL IS FILED UNDER SECTION 96 OF CPC AGAINST THE JUDGMENT AND DECREE DATED 20.03.2008 PASSED IN OS.NO.1355/1987 ON THE FILE OF THE II ADDL.CITY CIVIL JUDGE, BANGALORE CITY, DECREEING THE SUIT FOR DECLARATION AND POSSESSION AND ETC.
THIS APPEAL, COMING ON FOR HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE S.G.PANDIT
AND
HON'BLE MR JUSTICE C.M. POONACHA
ORAL JUDGMENT
(PER: HON'BLE MR JUSTICE S.G.PANDIT)
Learned counsel for the appellant Sri.Vinod Reddy
files a memo for withdrawal, which reads as follows:
“I appellant submit that the dispute involved between the parties in the above appeal has been settled between them before the Mediation Center, Bengaluru and same was reported before Hon’ble Supreme Court in Civil Appeal Nos.1846-1847/2010 and same were disposed accordingly vide order 13.03.2024.
The said civil appeal was between the parties in the above case and other family members. The subject matter of the above appeal was also one of the items in the said civil appeal. In the said settlement the property involved in the above appeal has been
fallen to the share of appellant herein. The true copy of the settlement agreement and order passed by the Honb'le Supreme Court in Civil Appeal No.1846-1847/2010 is produced along with this memo for ready reference of this Hon’ble Court.
WHEREFORE, the appellant in the above appeal pray that this Hon’ble Court be pleased to dispose the above appeal as not pressed, in the interest of justice.”
In terms of the above memo, the appeal is disposed
of as not pressed.
Sd/(S.G.PANDIT) JUDGE
Sd/(C.M. POONACHA) JUDGE
MPK CT:bms List No.: 1 Sl No.: 38
1 provisions across 1 enactments
Sri Kariyappa @ Byrappa
Smt. Chikkamma
Sri C Chikkaiah
S.G. Pandit
C.M. Poonacha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
