Disposed

The Town Co. Operative Society Ltd. v. Sri N Boraiah

Karnataka HC12 Sept 2024RSA.CROB/3/2021

Case brief

AI extract

What is this about?

Cross-objection in a regular second appeal challenging the first appellate court's partial reversal of a money/suit decree was disposed of after the parties reported an amicable settlement by Memo; court fee refund permitted.

What did the court decide?

Cross-objection disposed of recording settlement Memo; registry directed to refund admissible court fee as per law.

The Town Co. Operative Society Ltd. Vs Sri N Boraiah — Property and Title | Karnataka HC (2024)

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1 - NC: 2024:KHC:37439 RSA.CROB No. 3 of 2021

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 12^TH DAY OF SEPTEMBER, 2024

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BEFORE

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THE HON'BLE MR. JUSTICE E.S.INDIRESH RSA CROSS OBJECTION NO. 3 OF 2021 (RES)

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BETWEEN:

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THE TOWN CO OPERATIVE SOCIETY LTD TURUVEKERE TOWN REP. BY ITS MANAGER SRI. T.G. ARUN KUMAR AGED ABOUT 49 YEARS TOWN CO-OPERATIVE SOCIETY LTD DABBEGHATTA ROAD TURUVEKERE TOWN AND TALUK TUMAKRU DISTRICT-572 227

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…CROSS OBJECTOR

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(BY SRI. NAGARAJ DAMODAR, ADVOCATE)

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AND:

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SRI. N. BORAIAH SINCE DEAD BY HIS LRs

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Digitally signed by SHARMA ANAND CHAYA Location: High Court of Karnataka

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1(A). DR. CHOUDRI NAGESH B S/O LATE N. BORAIAH AGED ABOUT 54 YEARS R/AT PED ROAD SUBRAMANYANAGAR TURUVERE TOWN & TALUK TUMAKURU DISTRICT-577 227

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1(B). SMT. DEVI BHARATHI D/O LATE N. BORAIAH AGED ABOUT 56 YEARS R/AT K. BEVINHALLI

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NC: 2024:KHC:37439 RSA.CROB No. 3 of 2021

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TURUVERE TALUK TUMAKURU DISTRICT-577 227

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…RESPONDENTS

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(BY SRI. M.B. CHANDRA CHOODA, ADVOCATE FOR R1[A & B])

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THIS RSA CROB IN RSA NO. 952/2020 IS FILED UNDER ORDER 41 RULE 22 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 12.06.2020 PASSED IN RA.NO.01/2019 ON THE SENIOR CIVIL JUDGE AND JMFC., TURUVEKERE, PARTLY ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGMENT AND DECREE DATED 05.11.2018 PASSED IN OS.NO. 65/2015 ON THE FILE OF THE CIVIL JUDGE AND JMFC, TURUVEKERE.

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THIS RSA CROB, COMING ON FOR ADMISISON, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR JUSTICE E.S.INDIRESH

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ORAL ORDER

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This RSA.Crob is filed to set aside the finding recorded in R.A.No.1/2019 dated 12.06.2020 on the file of Senior Civil Judge and JMFC., Turuvekere, allowing the appeal in part and setting aside the judgment and decree dated 05.11.2018 in O.S.No.65/2015 on the file of Civil Judge & J.M.F.C., Turuvekere, decreeing the suit of the plaintiff.

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NC: 2024:KHC:37439 RSA.CROB No. 3 of 2021

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It is submitted by the learned counsel

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appearing for the parties and Memo dated 12.09.2024 has been filed by the appellant stating, the parties to the suit have settled the matter amicably. In that view of the matter, recording the statement made in the Memo dated 22.09.2024, RSA.Crob is disposed of accordingly.

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In that view of the matter, registry is directed to refund the admissible Court Fee as per law.

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SD/(E.S.INDIRESH) JUDGE

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PSJ List No.: 1 Sl No.: 50

The Town Co. Operative Society Ltd. v. Sri N Boraiah

Case brief

What is this about?

What did the court decide?

The Town Co. Operative Society Ltd. v. Sri N Boraiah

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

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