An appeal under Section 96 of CPC challenging a decree in a suit for specific performance was dismissed as withdrawn. The appellant sought leave to withdraw after stating the dispute was settled between parties outside court.
Appeal dismissed as withdrawn. Registry directed to refund eligible Court fee.
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NC: 2026:KHC:11205-DB RFA No. 1040 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF FEBRUARY, 2026
PRESENT
THE HON'BLE MRS. JUSTICE ANU SIVARAMAN AND
THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL REGULAR FIRST APPEAL NO. 1040 OF 2025 (SP)
BETWEEN:
SRI M TULASI DAS, S/O LATE.M N MUDDANNA, AGED ABOUT 79 YEARS, R/AT NO.244, VENKATESHWARA KRUPA, 6TH MAIN, 4TH BLOCK, JAYANAGAR, BANGALORE 560 011.
…APPELLANT
(BY SRI PRAVEEN HEGDE, ADVOCATE)
AND:
Digitally signed by ARSHIFA BAHAR KHANAM Location: HIGH COURT OF KARNATAKA
…RESPONDENTS
(BY SRI CHANDRASHEKARA K, ADVOCATE FOR R-1)
HC-KAR
THIS RFA IS FILED UNDER SEC.96 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 19.09.2009 PASSED IN OS NO.7127/2008 ON THE FILE OF V ADDITIONAL CITY CIVIL JUDGE, BANGALORE., DECREEING THE SUIT FOR SPECIFIC PERFORMANCE.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN and HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL
ORAL JUDGMENT
(PER: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL)
Learned counsel for the appellant has filed a memo
seeking leave of this Court to withdraw the appeal on the ground that the dispute has been settled between the parties before the trial Court. The memo reads as under:
"The Counsel for the appellant herewith submits that this Hon'ble Court be pleased to dismiss the above Appeal as Withdrawn, as the matter is settled between the parties, outside the purview of this Hon'ble Court, in the interest of justice and equity."
dismissed as withdrawn.
NC: 2026:KHC:11205-DB RFA No. 1040 of 2025
HC-KAR
Court fee to the appellant on proper identification.
Sd/(ANU SIVARAMAN) JUDGE
Sd/(VIJAYKUMAR A. PATIL) JUDGE
ABK List No.: 1 Sl No.: 37
2 issues framed by the court
Whether the First Regular Appeal filed under Section 96 of CPC be maintained or dismissed.
Whether leave to withdraw the appeal be granted on the ground of settlement.
1 provisions across 1 enactments
Sri M Tulasi Das
Sri M K Gowthamchand
Smt. Anitha R Bohra
Anu Sivaraman
Vijaykumar A. Patil
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
