IN THE HIGH COURT OF KARNATAKA AT BENGALURU ON THE 6TH DAY OF FEBRUARY, 2019 BEFORE THE HON'BLE MR. JUSTICE RAVI MALIMATH AND THE HON'BLE MR. JUSTICE B. M. SHYAM PRASAD REGULAR FIRST APPEAL NO. 142 OF 2007 BETWEEN:
1. SMT. K.P. CHANDRAKALA WIFE OF PANDURANGA RAO AGED ABOUT 41 YEARS KUNTE DRESS MAIN ROAD CHIKJAJUR, HOLALKERE TALUK CHITRADURGA DISTRICT – 577 501.
2. K PANDURANGA RAO SON OF SIDDAPPA AGED ABOUT 51 YEARS KUNTE DRESS MAIN ROAD CHIKJAJUR HOLALKERE TALUK CHITRADURGA DISTRICT – 577 501.
(BY SRI.UMESH S.P, ADVOCATE FOR SRI. D. NAGARAJ, ADVOCATE) AND:
M/S PAVAN INVESTMENTS BELLARY CAMP ... APPELLANTS BIRUR TOWN, BY ITS PROPRIETRIX BHARATHI (BY SRI. R. C. NAGARAJ, ADVOCATE) ... RESPONDENT THIS APPEAL IS FILED UNDER SECTION 96 OF CPC AGAINS THE JUDGEMENT AND DECREE DATED 09.10.2006 PASSED IN O.S NO.56 OF 2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AND JMFC., KADUR, DECREEING THE SUIT FOR RECOVERY OF MONEY.
THIS APPEAL COMING ON FOR HEARING THIS DAY, RAVI MALIMATH J., DELIVERED THE FOLLOWING:
JUDGMENT In view of the memo filed in the court today, the appeal is dismissed as withdrawn. Consequently, Registry is directed to return 75% of the court fee to the appellants, as provided in Section 66 of the Karnataka Court-Fees and Suits Valuation Act, 1958.
In terms of the order dated 22.8.2007, 25% of the decretal amount is said to have been deposited by the appellants and that Demand Drafts for a sum Rs.1,65,000/- have been deposited in the court. The registry to refund the said amount to the appellants.
SD/- SD/-
JUDGE JUDGE nv