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B.N. Kariyappa Vs B.C Shivanna — Karnataka HC (2025) — LawSathi Research

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Karnataka HC
2025
B.N. Kariyappa Vs B.C ShivannaB.N. Kariyappa v. B.C Shivanna

Dismissed¶29

B.N. Kariyappa v. B.C Shivanna

Karnataka HC19 Sept 2025RSA/2059/2023

Case brief

AI extract

What is this about?

Karnataka High Court RSA No. 2059 of 2023 (SP) dismissed as withdrawn on settlement memo dated 18.09.2025; plaintiff-appellant B.N. Kariyappa v. defendant B.C. Shivanna; disputes over suit schedule property at Dudda Hobli, Hassan Taluk settled out of court; defendant conveyed property to appellant by registered sale deed dated 07.12.2024 (Doc. No.HSA-1-13850-2024-25); permissible refund of half the court fee on the appeal memorandum allowed under S.66(c) of the Karnataka C.F. and S.V. Act, 1958; appeal filed under Sec.100 CPC against confirmation of O.S. No.427/2017 decree (dated 13.12.2019) by R.A. No.23/2020 (decree dated 24.08.2023); no merits adjudicated; single-judge bench of Justice V Srishananda.

What did the court decide?

Appeal dismissed as withdrawn in view of the settlement memo; permissible refund of court fee allowed (half of the court fee paid on the appeal memorandum sought under S.66(c) of the Karnataka C.F. and S.V. Act, 1958).

What the court decided

AI extract

Outcome

Appeal dismissed as withdrawn in view of the settlement memo; permissible refund of court fee allowed (half of the court fee paid on the appeal memorandum sought under S.66(c) of the Karnataka C.F. and S.V. Act, 1958).

Detailed headnote1 paragraphs

Regular Second Appeal No. 2059 of 2023 (SP), High Court of Karnataka at Bengaluru (Hon'ble Mr. Justice V Srishananda, decision dated 19.09.2025), filed under Sec.100 CPC by B.N. Kariyappa against B.C. Shivanna, challenging the judgment and decree dated 24.08.2023 in R.A. No.23/2020 passed by the II Additional Senior Civil Judge and JMFC, Hassan, which partly allowed the appeal and confirmed the judgment and decree dated 13.12.2019 in O.S. No.427/2017 passed by the VI Additional Civil Judge and JMFC, Hassan. Coming on for admission, the plaintiff-appellant filed a memo dated 18.09.2025 stating that the parties had mutually settled all disputes relating to the suit schedule property, the defendant having conveyed the schedule property to the appellant by a sale deed dated 07.12.2024 registered as Document No.HSA-1-13850-2024-25 and put him in lawful possession. In view of the memo, the appeal was dismissed as withdrawn and permissible refund of court fee was allowed, refund of half the court fee paid on the appeal memorandum being sought under S.66(c) of the Karnataka C.F. and S.V. Act, 1958. No substantive issue was adjudicated by the High Court.

A

1 - NC: 2025:KHC:37884 RSA No. 2059 of 2023

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 19^TH DAY OF SEPTEMBER, 2025

BEFORE

THE HON'BLE MR. JUSTICE V SRISHANANDA REGULAR SECOND APPEAL NO. 2059 OF 2023 (SP)

BETWEEN:

B.N. KARIYAPPA S/O LATE NANJEGOWDA, HINDU AGED ABOUT 52 YEARS R/O BOMMENAHALLI VILLAGE, DUDDA HOBLI, HASSAN TALUK POST: DUDDA - 573 118 HASSAN DISTRICT.

…APPELLANT

(BY MISS. TASKEEN KHANUM S.J, ADVOCATE FOR SRI. S. GANESH SHENOY, ADVOCATE)

AND:

Digitally signed by SHARADAVANI B Location: High Court of Karnataka

B.C SHIVANNA S/O LATE CHIKEGOWDA AGED ABOUT 76 YEARS R/O DUDDA R.S. VILLAGE DUDDA HOBLI, HASSAN TALUK POST: DUDDA - 573 118 HASSAN DISTRICT.

…RESPONDENT

(BY SRI. SATHYAN PUTHOOR, ADVOCATE)

THIS RSA IS FILED UNDER SEC.100 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 24.08.2023 PASSED IN RA NO.23/2020 ON THE FILE OF II ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, AT HASSAN, PARTLY ALLOWING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 13.12.2019 PASSED IN OS NO.427/2017 ON THE FILE OF VI ADDITIONAL CIVIL JUDGE AND JMFC, HASSAN.

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

2 -

NC: 2025:KHC:37884 RSA No. 2059 of 2023

HC-KAR

CORAM: HON'BLE MR. JUSTICE V SRISHANANDA

ORAL ORDER

Learned counsel for the appellant has filed a memo on

18.09.2025 for withdrawal. The memo reads as under:

"The plaintiff - appellant submits that after filing of the above appeal, the parties hereto by their mutual agreement have settlement of all their disputes with reference to the suit schedule property and in that defendant receiving higher consideration amount has duly conveyed the schedule property in favour of the appellant executing and registering the sale deed dated 07.12.2024 that has been registered as per document No.HSA-1-13850-2024-25 electronical recorded in the central and the appellant has also been put in lawful possession and enjoyment of the schedule property - copy of sale deed enclosed. Under the circumstances parties having settled their disputes well before commencement of hearing in the above appeal, it is prayed that the above appeal may kindly be disposed of as settled out of court by the parties ordering refund of half of the court fee paid on the appeal memorandum in terms of S.66(c) of the Karnataka C.F. and S.V. Act, 1958 in the interest of justice.”

Memo is taken on record.

In view of the above memo, appeal is dismissed as

withdrawn.

Permissible refund of Court fee is allowed.

Sd/(V SRISHANANDA) JUDGE

KAV/List No.: 1 Sl No.: 60/CT: BHK

Statutes considered

2 provisions across 2 enactments

AI extract

Code of Civil Procedure100¶16
Karnataka Court Fees and Suits Valuation Act, 195866(c)¶25

Procedural history

How this case reached the court

AI extract

Order under challenge
Judgment and decree dated 24.08.2023 in R.A. No.23/2020, partly allowing the first appeal and confirming the trial court's judgment and decree; challenged under Sec.100 CPC.¶16
II ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, AT HASSAN · 24.08.2023
Prior proceeding
First appeal R.A. No.23/2020 before the II Additional Senior Civil Judge and JMFC, Hassan; judgment and decree dated 24.08.2023 partly allowed the appeal.¶16
Prior proceeding
Original suit O.S. No.427/2017 before the VI Additional Civil Judge and JMFC, Hassan; judgment and decree dated 13.12.2019, which the first appellate court confirmed.¶16
Prior proceeding
At the admission stage of this RSA, learned counsel for the appellant filed a memo dated 18.09.2025 seeking withdrawal of the appeal.¶24
Prior proceeding
Memo records that the parties mutually settled all disputes regarding the suit schedule property; the defendant conveyed the schedule property to the appellant by a sale deed dated 07.12.2024, registered as Document No.HSA-1-13850-2024-25, and put the appellant in possession.¶25

Parties & counsel

AI extract

appellant
B.N. KARIYAPPA S/O LATE NANJEGOWDA¶8
TASKEEN KHANUM S.J, S. GANESH SHENOY
respondent
B.C SHIVANNA S/O LATE CHIKEGOWDA¶13
SATHYAN PUTHOOR

Coram

AI extract

V SRISHANANDAauthor¶21

Case details

As recorded by the court registry

Court: Karnataka HC
Decided on: 19 Sept 2025 · September
Registered: 27 Nov 2023
Case no.: RSA/2059/2023
CNR: KAHC010624632023
Bench: V Srishananda
Disposal: DISMISSED
Case type: RSA

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Cite this judgement

B.N. Kariyappa v. B.C Shivanna, RSA/2059/2023 (KA), decided on 19 September 2025.

The High Court of Karnataka publishes no neutral citation for this judgement — cite it by case number and date of decision.

Statutes2

Code of Civil Procedure100
Karnataka Court Fees and Suits Valuation Act, 195866(c)

View all statutes

Procedural history5

Judgment and decree dated 24.08.2023 in R.A. No.23/2020, partly allowing the first appeal and confirming the trial court's judgment and decree; challenged under Sec.100 CPC.II ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, AT HASSAN · 24.08.2023
First appeal R.A. No.23/2020 before the II Additional Senior Civil Judge and JMFC, Hassan; judgment and decree dated 24.08.2023 partly allowed the appeal.
Original suit O.S. No.427/2017 before the VI Additional Civil Judge and JMFC, Hassan; judgment and decree dated 13.12.2019, which the first appellate court confirmed.

View full history

Bench / Coram

V SRISHANANDA

Parties & counsel