IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF JULY, 2019 PRESENT THE HON'BLE MRS.JUSTICE B.V.NAGARATHNA AND THE HON'BLE MR. JUSTICE K.NATARAJAN R.F.A. No.1378/2016 (SP) BETWEEN:
SMT. ASHA W/O. M.V. SRINIVASA, AGED ABOUT 34 YEARS, HOUSE WIFE, R/AT NEAR RADHAKRISHNA-
-WELDING WORK SHOP, PETECHAMANAHALLI MAIN ROAD, KOLAR CITY – 563 101. ... APPELLANT (BY SRI PRABHAKAR L. SHETTY, ADVOCATE) AND:
SRI N. SRINIVASA S/O. P. NARAYANAPPA, AGED ABOUT 57 YEARS, R/AT GADDEKANNUR VILLAGE, KASABA HOBLI, KOLAR TALUK AND DISTRICT – 563 101. ... RESPONDENT (BY SRI A.V.NISHANTH, ADVOCATE) ***** THIS RFA IS FILED UNDER ORDER 41 RULE 1 READ WITH SECTION 96 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 10.03.2016 PASSED IN O.S.NO.366/2014 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE, KOLAR, DECREEING THE SUIT FOR SPECIFIC PERFORMANCE.
THIS APPEAL COMING ON FOR ADMISSION THIS DAY, NAGARATHNA J., DELIVERED THE FOLLOWING:-
J U D G M E N T Learned counsel for appellant has filed a memo stating that dispute between the parties has been settled amicably by way of compromise and that the appeal may be disposed of accordingly, directing refund of the entire Court Fee paid by the appellant, to the appellant.
2. Learned counsel for appellant submits that in substance, the appellant had not pressed the appeal in view of the execution of the sale deed dated 25/10/2018 by the appellant in favour of the respondent herein and the judgment and decree of the trial Court being satisfied and the balance consideration being received by the appellant herein.
3. Memo signed by the appellant and learned counsel for appellant is taken on record.
4. This regular first appeal is accordingly disposed.
Appellant Smt.Asha, is also present in Court and acknowledges what has been stated above.
In view of the settlement arrived at between the parties, Registry is directed to refund *75% of the Court Fee paid by the appellant herein to the appellant under Section 66(2)(c) of the Karnataka Court Fees and Suits Valuation Act, 1958 in the name of the appellant, after due identification.
Learned counsel for appellant is permitted to receive the cheque to be issued in the name of the appellant.
Registry to send the L.C.Rs to the trial Court forthwith.
Sd/- JUDGE Sd/- JUDGE *mvs *Corrected V.C.O. dated 25/09/2019