Second appellate court dismissed the regular second appeal as withdrawn after the appellants filed a settlement memo confirming an out-of-court resolution and execution of a registered sale deed.
Appeal dismissed as withdrawn after admission of settlement memo.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 12TH DAY OF SEPTEMBER, 2024
BEFORE
THE HON'BLE MRS JUSTICE K.S. HEMALEKHA REGULAR SECOND APPEAL NO. 1325 OF 2017 (PAR-)
BETWEEN:
Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA
ALL ARE SONS OF LATE PUTTASWAMYGOWDA, RESIDENTS OF HOSABUDANUR VILLAGE, KASABA HOBLI, MANDYA TALUK 571 401.
…APPELLANTS
(BY SRI. RAJAYOGA .K, ADVOCATE)
AND:
NC: 2024:KHC:37545 RSA No. 1325 of 2017
…RESPONDENTS
(BY SRI. RAMESHA H E , ADVOCATE FOR R1; SRI. V. RAMESH BABU, ADVOCATE FOR R2)
THIS RSA IS FILED UNDER SECTION 100 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 13.03.2017 PASSED IN RA.NO.8/2015 ON THE FILE OF THE II ADDL. SENIOR CIVIL JUDGE AND JMFC, MANDYA., DISMISSING THE APPEAL AND CONFIRMING THE ORDER DATED 06.03.2015 PASSED IN OS.NO.808/2013 ON THE FILE OF THE ADDL. CIVIL JUDGE AND JMFC, MANDYA.
THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MRS JUSTICE K.S. HEMALEKHA
ORAL JUDGMENT
Learned counsel for the appellants submits that the appellants do not intend to prosecute the appeal, as the appellants and the respondents have amicably resolved the dispute and files memo for withdrawal, which is duly signed by the parties.
NC: 2024:KHC:37545 RSA No. 1325 of 2017
2. The memo for withdrawal is taken on record,
which reads as under:
"The appellants and respondents have settled the matter out of the court amicably. The Appellants have executed the registered sale deed in favour of Respondents which is registered on 23.05.2024 vide document bearing No.MDY-1-01853-2024-25 registered in the office of the Sub-Registrar, Mandya. Hence the appellants intended to with draw the above appeal.
Wherefore it is most humbly prayed that this Hon'ble Court may be pleased to permit the appellants to withdraw the above appeal, in the interest of justice and equity."
appeal stands dismissed as withdrawn.
Sd/(K.S. HEMALEKHA) JUDGE
AT
List No.: 2 Sl No.: 21
B.P. JAGADISH and others
SMT. SUSHEELAMMA and another
K.S. HEMALEKHA
As recorded by the court registry
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