IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF FEBRUARY, 2017 PRESENT THE HON’BLE MR.JUSTICE B.S.PATIL AND THE HON’BLE MR.JUSTICE N.K.SUDHINDRARAO BETWEEN E H LAKSHMANA MAJOR S/O VENGIYAPPA R/AT B.R.ESTATE BALAGULI VILLAGE POST AREHALLI BELUR TALUK R.F.A.No. 563/2016 HASSAN DISTRICT 573 121.
(BY SRI A. SHIVARAMA, ADV.) AND B C RAO @ B.CHANDRASHEKAR RAO S/O LATE B. RAMACHANDRA RAO AGED 62 YEARS R/AT SOUNDARYA NILAYA NAIDU STREET CHIKKAMAGALURU 577 101.
... APPELLANT ... RESPONDENT THIS RFA IS FILED UNDER SEC.96 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 05.01.2016 PASSED IN OS NO.35/2013 ON THE FILE OF THE PRL. SENIOR CIVIL JUDGE, CHIKKAMAGALURU, PARTLY DECREEING THE SUIT FOR RECOVERY OF MONEY.
THIS APPEAL COMING ON FOR ORDERS THIS DAY, B.S.PATIL J, DELIVERED THE FOLLOWING:-
JUDGMENT Learned counsel for appellant has filed a memo dated 06.02.2017 stating that the appeal may be dismissed as withdrawn.
Memo is placed on record. Appeal is dismissed as withdrawn.
Appellant is entitled for refund of 75% of the court fee as per the provisions of Section 66(2)(c) of the Karnataka Court Fees & Suits Valuation Act, 1958 as amended by Act 09 of 2015. Hence, registry is directed to refund the same.
Sd/- JUDGE Sd/- JUDGE VP