Mysuru Urban Development Authority Vs Mr T N Gurumurthy

MR T N GURUMURTHY S/O LATE NARASEGOWDA RETD. POLICE SUB INSPECTOR AGED ABOUT 71 YEARS, R/AT CART STRET, NEAR NEW IOB BANNUR T NARASIPURA TALUK MYSURU-571124

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…RESPONDENT

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(BY SRI. PRAKASH TIMMANNA HEBBAR, ADVOCATE)

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THIS RSA IS FILED UNDER SECTION 100 OF CODE OF CIVIL PROCEDURE AGAINST THE JUDGMENT AND DECREE DATED 20.02.2020 PASSED IN R.A.NO.246/2019 ON THE FILE OF THE III ADDITIONAL DISTRICT AND SESSIONS JUDGE, MYSURU DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 17.04.2018 PASSED IN OS.NO.1130/2008 ON THE FILE OF THE III ADDITIONAL I CIVIL JUDGE AND JMFC, MYSURU.

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THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

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NC: 2025:KHC:37817 RSA No. 1082 of 2021

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HC-KAR

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CORAM: HON'BLE MR. JUSTICE V SRISHANANDA

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ORAL ORDER

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Sri Rajashekar K.V., Special Tahasildar of Mysuru Urban Development Authority/appellant is present. Sri Prakash Timmanna Hebbar, learned counsel for the respondent is present.

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Joint memo signed by Sri Rajshekar K.V., Special Tahasildar, on behalf of appellant and Sri Sharath Gowda G.B., learned counsel for the appellant and Sri Prakash Timmanna Hebbar, learned counsel appearing on behalf of the respondent is filed.

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3. Contents of the joint memo reads as under:

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“The appellant and the respondent above named most respectfully submit as follows:

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1. That the parties have amicably resolved the dispute involved in the present proceedings.

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2. That the appellant has agreed to allot in favor of the respondent an alternative site measuring 20 feet X 30 feet situated at Vijayanagar IV stage, II phase, Mysuru, within a period of 6 months.

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3 - NC: 2025:KHC:37817 RSA No. 1082 of 2021

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HC-KAR

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3. That the respondent has agreed to accept the said allotment in full and final settlement of the dispute.

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4. The appellant hereby undertakes to indentify 3 sites in Vijayanagar, IV stage, II phase of the same dimension and permit the respondent to inspect the same and identify one of those 3 sites for allotment.

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In the above circumstances, the parties jointly pray that this Hon’ble court maybe pleased to take this Joint Memo on record and pass such orders as deemed fit, in the interest of justice and equity.”

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