IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF AUGUST, 2019 PRESENT THE HON’BLE MRS. JUSTICE B. V. NAGARATHNA AND THE HON’BLE MR. JUSTICE ASHOK G. NIJAGANNAVAR R.F.A. NO.1691 OF 2016 (SP) BETWEEN :
GANESHA G.P. S/O PALANI R AGED ABOUT 43 YEARS NO.631/118, 9TH MAIN PRAKASHNAGARA 3RD STAGE, RAJAJINAGAR BENGALURU – 560 010 OFFICE, DEVAPS K.M. HABITATE NO.24, II FLOOR I BLOCK, NEAR SBM RAJAJINAGAR BR. KATTAMARANAHALLI BENGALURU – 560 010 … APPELLANT (BY SRI. A. KUMARAVEL, ADVOCATE) AND :
R. CHANDRASHEKAR S/O B. RAMAKRISHNAPPA AGED ABOUT 39 YEARS R/O # 38/2, 2ND MAIN ROAD SHIVANAGARA RAJAJINAGAR BENGALURU – 560 010 … RESPONDENT (BY SRI. VINOD KUMAR B.N., ADVOCATE) THIS R.F.A. IS FILED UNDER SECTION 96 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 25.07.2016 PASSED IN O.S.NO.166/2012 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND C.J.M., SHIVAMOGGA, DECREEING THE SUIT FOR SPECIFIC PERFORMANCE.
THIS R.F.A. COMING ON FOR ORDERS THIS DAY, NAGARATHNA J., DELIVERED THE FOLLOWING:
JUDGMENT The respondent has filed I.A.No.1/2019 seeking disposal of the appeal.
2. Learned counsel for the respondent submits that the impugned judgment and decree of the trial Court has been executed and that the balance sale consideration of Rs.2,00,000/- has also been deposited by the respondent before the Executing Court and the suit schedule property has been registered in the name of the respondent pursuant to the judgment and decree of the trial Court. He further submits that the appellant has not complied with the interim order dated 11/09/2017 passed by this Court and therefore, the appeal may be dismissed.
3. Learned counsel for the appellant has filed a memo stating that the appeal may be dismissed as withdrawn by ordering refund of Court Fee and also the deposit of Rs.15,00,000/- which has been made by the appellant before this Court.
4. Memo is taken on record.
5. The appeal is dismissed as withdrawn. In the circumstances, 75% of the Court Fee paid by the appellant is ordered to be refunded to the appellant in terms of Section 66(2)(c) of the Karnataka Court Fees and Suits Valuation Act, 1958. Further, there being no objection by the respondent for the release of Rs.15,00,000/- deposited by the appellant before this Court, the Registry is directed to refund of Rs.15,00,000/- to the appellant after due identification.
6. The Executing Court to release a sum of Rs.2,00,000/- deposited by the respondent before the said Court pursuant to the judgment and decree of the trial Court to the appellant herein.
In view of the disposal of the appeal in the aforesaid terms, I.A.No.1/2019 stands disposed.
Sd/- JUDGE Sd/- JUDGE KG