IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF AUGUST, 2019 PRESENT THE HON’BLE MRS. JUSTICE B. V. NAGARATHNA AND THE HON’BLE MR. JUSTICE ASHOK G. NIJAGANNAVAR Regular First Appeal No.1706 of 2018(EJE) BETWEEN :
Prof. T. Ekambaram Naidu, M/s Indo Asian Academy, Education Trust, No.10, 4th D Main, HRBR Layout 2nd Block, Kalyan Nagar, Bengaluru 560 043 (BY SRI G MANIVANNAN, ADVOCATE) AND:
...APPELLANT Sri H Annaiah Reddy, S/o Late Hanumappa, Aged about 70 years, Residing at: Chelikere, Opp: Ring Road, Kalyan Nagar Post, Bengaluru 560 043 …RESPONDENT THIS R.F.A. IS FILED UNDER SECTION 96 R/W ORDER XLI RULE 1 OF CPC., 1908 AGAISNT THE JUDGMENT AND DECREE DATED 18.06.2018 PASSED IN O.S.NO.2511/2017 ON THE FILE OF V ADDITIONAL CITY CIVIL AND SESSINS JUDGE, BENGALURU, DECREEING THE SUIT FOR VACANT POSSESSION AND DAMAGES.
THIS R.F.A. COMING ON FOR ORDERS THIS DAY, NAGARATHNA J., DELIVERED THE FOLLOWING:
JUDGMENT Learned counsel for the appellant submits that a memo for withdrawal of the appeal has been filed, as the dispute between the parties has been settled before the Lok Adalat held on 13.07.2019 in Ex.No.3081/2018 and that, time for vacating the premises has been granted till 31.05.2022 and compromise petition has also been filed in that regard. In the circumstances, appellant’s counsel seeks leave of this Court to withdraw the appeal.
2. Memo is perused. Submission of the learned counsel is placed on record.
3. The appeal is dismissed as withdrawn in view of the settlement arrived at between the parties in Ex.No.3081/2018.
In view of closure of the appeal on account of the settlement arrived at between the parties, registry is directed to refund 75% of the court fee paid by the appellant under Section 66(2)(c) of the Karnataka Court Fees and Suits Valuation Act, 1958.
Sd/- JUDGE Sd/- JUDGE Psg*