Dismissed

Vijayamma v. Ramegowda

Karnataka HC16 Feb 2024RSA/2506/2018

Case brief

AI extract

What is this about?

The High Court of Karnataka dismissed a regular second appeal as withdrawn. The withdrawal prayer was based on a compromise settled before the National Lok Adalath between the parties. The court permitted withdrawal and directed the registry to refund court fees upon satisfaction of party identities.

What did the court decide?

Appeal dismissed as withdrawn; Registry directed to refund permissible court fees upon satisfaction of party identity.

Vijayamma Vs Ramegowda — Property and Title | Karnataka HC (2024)

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1 - NC: 2024:KHC:6772 RSA No. 2506 of 2018

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 16^TH DAY OF FEBRUARY, 2024

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BEFORE

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THE HON'BLE MR JUSTICE M.G.S. KAMAL

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REGULAR SECOND APPEAL NO. 2506 OF 2018 (SP)

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BETWEEN:

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VIJAYAMMA

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W/O LATE SIDDEGOWDA AGED ABOUT 63 YEARS

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ASHA

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D/O LATE SIDDEGOWDA AGED ABOUT 33 YEARS

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MANJESH

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Digitally signed by SUMA B N Location: High Court of Karnataka

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S/O LATE SIDDEGOWDA AGED ABOUT 27 YEARS

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ALL ARE R/AT THUBINAKERE VILLAGE MALUR HOBLI CHANNAPATNA TALUK RAMANAGARA DISTRICT - 562 160.

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…APPELLANTS

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(BY SRI. SHREYAS FOR SRI. J T PRAKASH.,ADVOCATES)

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AND:

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RAMEGOWDA S/O MUDDUMALLEGOWDA

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NC: 2024:KHC:6772 RSA No. 2506 of 2018

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AGED AOBUT 48 YEARS R/A KUKKUR VILLAGE MALUR HOBLI CHANNAPATNA TALUK.

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SMT USHA W/O RAGHUNATH, AGED ABOUT 33 YEARS,

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BOTH ARE R/A THUBINAKERE VILLAGE, MALUR HOBLI CHANNAPATNA TALUK RAMANAGARA DISTRICT -562 160.

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…RESPONDENTS

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THIS RSA IS FILED UNDER SECTION 100 OF CPC AGAINST THE JUDGMENT AND DECREE DATED 03.08.2018 PASSED IN RA.NO.29/2018 ON THE FILE OF THE III ADDL.DISTRICT AND SESSIONS JUDGE, RAMANAGARA DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 11.10.2017 PASSED IN OS.NO.49/2014 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, CHANNAPATTANA.

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THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE COURT DELIVERED THE FOLLOWING:

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NC: 2024:KHC:6772 RSA No. 2506 of 2018

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JUDGMENT

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Sri.Shreyas, learned counsel for the appellants files a memo dated 16.02.2024 seeking to withdraw the appeal, which reads as under;

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"Undersigned respectfully prays that this Hon'ble Court may be pleased to permit the appellant to withdraw the above appeal, as the disputed matter was settled before the Hon'ble Civil Judge and J.M.F.C at Channapatna in O.S. No. 122/2015 dated 09-08-2023, through a compromise petition. This compromise petition was accepted by the Hon'ble Court on 09-09-2023 in Lok Adalath. Copies of the compromise petition and the order of the Hon'ble Civil Judge and JMFC are enclosed for the kind perusal of the Hon'ble Court.

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Therefore, the undersigned prays this Hon'ble Court be pleased to permit the appellant to withdraw the above appeal and to direct the office to refund the court fee paid by the appellant, in the interest of justice and equity".

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The memo is accompanied by the certified copies of compromise application duly signed by the parties and order sheet recording the matter having been settled before the National Lok Adalath on 09.09.2023.

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Memo along with aforesaid copies of the application and order sheet is taken on record.

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NC: 2024:KHC:6772 RSA No. 2506 of 2018

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In view of the above, appeal is dismissed as

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withdrawn.

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Registry to refund the permissible court fee to the appellants upon satisfaction of identity of the parties.

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Sd/JUDGE

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List No.: 2 Sl No.: 36

Vijayamma v. Ramegowda

Case brief

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Vijayamma v. Ramegowda

Case brief

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