The appellant's second appeal filed under Section 100 of the CPC, regarding a dispute settled out of court, was admitted. The court recorded a memo indicating settlement and dismissed the appeal as withdrawn without resolving any legal question on merits.
Appeal dismissed as withdrawn; Court fees to be refunded to appellant; Cost waived.
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NC: 2024:KHC:12330 RSA No. 736 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 25TH DAY OF MARCH, 2024
BEFORE
THE HON'BLE MR JUSTICE M.G.S. KAMAL REGULAR SECOND APPEAL NO. 736 OF 2023 (SP)
BETWEEN:
SRI.M.R RAJATH, S/O LATE M R RAMACHANDRA, AGED ABOUT 47 YEARS, R/AT NO 43, 5TH CROSS, R M V EXTENSION, BANGALORE - 560 080 AND ALSO R/AT KANAKENAHALLI VILLAGE, SASALU HOBLI, DODDABALLAPUR TALUK, BANGALORE RURAL DISTRICT
…APPELLANT
(BY SRI. NATARAJA H T.,ADVOCATE)
AND:
Digitally signed by SUMA B N Location: High Court of Karnataka
…RESPONDENT
THIS RSA IS FILED UNDER SECTION 100 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 12.01.2023 PASSED IN RA NO.10011/2022 ON THE FILE OF THE IV ADDITIONAL DISTRICT AND SESSIONS JUDGE,
NC: 2024:KHC:12330 RSA No. 736 of 2023
DODDABALLAPURA, BENGALURU RURAL DISTRICT, BENGALURU. DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 20.01.2022 PASSED IN OS NO.24/2020 ON THE FILE OF TH ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, DODDABALLAPURA AND ETC.,
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
Learned counsel for the appellant has filed a memo dated
15.02.2024 which reads as under:
"The appellant submit that the above dispute is settled between the appellant and the respondent and in view of the same, the above case may kindly be dismissed as settled out of Court and the Court fees paid may kindly be ordered to be refunded to the appellant in the interest of justice."
proper identification.
AMA
List No.: 2 Sl No.: 2
Sd/JUDGE
1 provisions across 1 enactments
SRI.M.R RAJATH
SRI. SHIVANNA
M.G.S. KAMAL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
