2024:KHC:24345 RSA No. 372 of 2013 IN THE…
Appeal dismissed as withdrawn on settlement memo; registry directed to refund appropriate court fee.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 26TH DAY OF JUNE, 2024
BEFORE
THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ REGULAR SECOND APPEAL NO. 372 OF 2013 (SP)
BETWEEN:
SRI R. SRINIVASAMURTHY, S/O LATE RAMANNA, AGED ABOUT 60 YEARS, R/A K. R. EXTENSION, 1st DIVISION, CHINTAMANI, PRESENLTY R/AT ANJANI EXTENSION, CHINTAMANI CITY, CHIKKABALLAPUR DISTRICT - 563 125. (SENIOR CITIZEN BENEFIT NOT CLAIMED)
…APPELLANT
(BY SRI. K G SADASHIVAIAH .,ADVOCATE)
Digitally signed by NARAYANAPPA LAKSHMAMMA Location: HIGH COURT OF KARNATAKA
AND:
SRI.N. THIMMAREDDY, S/O LATE M. NARAYANAPPA, AGED ABOUT 65 YEARS, R/AT BHAKTARAHALLI VILLAGE, AMBAJIDURGA HOBLI, CHINTAMANI TALUK, CHIKKABALLAPUR DISTRICT - 563 125.
…RESPONDENT
(RESPONDENT V/O DATED 10/12/14 H/S)
NC: 2024:KHC:24345 RSA No. 372 of 2013
THIS RSA IS FILED UNDER SECTION 100 OF CPC PRAYING TO SET ASIDE THE JUDGMENT AND DECREE PASSED BY THE LEARNED SENIOR CIVIL JUDGE AND JMFC., CHINTAMANI IN R.A.NO.45/2011 DATED 08.11.2012 AND CONSEQUENTLY CONFIRM THE JUDGMENT AND DECREE PASSED BY THE LEARNED PRL. CIVIL JUDGE AND JMFC CHITAMANI IN O.S.NO.239/2008 DATED 02.07.2011 AND ETC.
THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
WHEREFORE, the appellant most humbly prays that this Hon'ble Court may be pleased to call for the records and:-
a. Set aside the judgment and decree passed by the Learned Senior Civil Judge and J.M.F.C., Chintamani in R.A.No.45/2011 dated 08.11.2012 and consequently confirm the judgment and decree passed by the Learned PRL.Civil Judge and JMFC., Chintamani in O.S no.239/2008 dated 02.07.2011 and,
b. Consequently direct the respondent to execute the absolute sale deed in favour of the appellant by virtue of the agreement dated 28.12.2006 and put the appellant into possession of the property in question.
c. Grant such other relief as this Hon'ble Court deems fit to grant under the circumstance of the case in the interest of justice and equity.
The appellant in the above appeal submit that the subject matter of the appeal is settled out of Court as such the present appeal be dismissed as withdraw. This Hon'ble Court be pleased to direct the office to refund the court fees in accordance with law in the interest of justice and equity.
Court fee.
Sd/JUDGE
RMS List No.: 2 Sl No.: 38
R. Srinivasamurthy
N. Thimmareddy
Suraj Govindaraj
As recorded by the court registry
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