IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF APRIL, 2019 BEFORE THE HON’BLE MR. JUSTICE SREENIVAS HARISH KUMAR REGULAR FIRST APPEAL No.490 OF 2014 BETWEEN:
K.Rajanna, S/o. Late Karithimmanna @ Chichennappa, Aged about 64 years, R/at No.23, Northern Portion, Mohiuddin Sab Lane, Narayana Setty Pet, Bengaluru-500002.
(By Sri. G.Narasi Reddy, Advocate) AND:
K.Shiva Shankar, S/o. Late Karithimmanna @ Chichennappa, Aged about 51 years, R/at No.23, Southern Portion, Mohiuddin Sab Lane, Narayana Setty Pet, Bengaluru-500002.
(By Sri. Gopal, Advocate) …Appellant ... Respondent This RFA is filed under Order 41 Rule 1 read with Section 96 of CPC against the judgment and decree dated 20.12.2013 passed in O.S.No.3637/2008 on the file of the V Additional City Civil Judge, Bengaluru, partly decreeing the suit for declaration and direction.
This RFA coming on for orders this day, the Court made the following:
ORDER The appellant’s counsel is present. Counsel for the respondent files a memo enclosing certified copy of the entire order sheet in Ex.No.1183/2014 and certified copy of the Execution Petition. In the memo filed by the appellant in this appeal, it has been stated that in view of the settlement between the appellant and the respondent, the Execution Petition has been closed entering full satisfaction and therefore this appeal does not survive. Joint memo filed in the execution petition is also enclosed along with the memo dated 06.02.2018.
2. The appellant’s counsel who is present now submits that in view of the settlement reported in the executing Court, this appeal does not survive. Therefore this appeal is dismissed as having become infructuous.
KMV/-
Sd/- JUDGE