IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF APRIL, 2019 BEFORE THE HON’BLE MRS JUSTICE K.S.MUDAGAL REGULAR SECOND APPEAL NO.2272 OF 2018 (PAR) BETWEEN:
RAVICHANDRA SHETTY S/O LATE VITTALA SHETTY AGED ABOUT 56 YEARS C/O NAMANA RESTAURANT RUKMINI ARCADE, MOSQUE ROAD UDUPI – 576 101 … APPELLANT (BY SRI AJITH ANAND SHETTY, ADVOCATE) AND:
SHAAN HOTELS PVT. LTD., A COMPANY INCORPORATED UNDER PROVISIONS OF THE COMPANIES ACT, 1956 AND HAVING ITS REGISTERED OFFICE ADDRESS AT: SHAAN ARCADE MOSQUE ROAD UDUPI – 576 101 BY ITS MANAGING DIRECTOR SRI B.SUDHAKAR SHETTY ... RESPONDENT (BY SRI VYASA RAO K.S., ADVOCATE) THIS RSA IS FILED UNDER SECTION 100 OF CPC, PRAYING TO SET ASIDE THE IMPUGNED JUDGMENT AND DECREE DATED 06.09.2018 PASSED BY THE PRINCIPAL DISTRICT JUDGE, UDUPI DISTRICT, UDUPI IN R.A.NO.16/2017 AND CONFIRMING THE JUDGMENT AND DECREE DATED 13.02.2017 PASSED BY THE ADDITIONAL SENIOR CIVIL JUDGE AT UDUPI IN O.S.NO.18/2006.
THIS APPEAL COMING ON FOR ADMISSION THIS DAY, THE COURT DELIVERED THE FOLLOWING:
J U D G M E N T In this appeal the defendant has challenged the judgments and decrees of the courts below for his ejectment from the suit property.
2. Both counsel submit joint memo reporting settlement of the matter and submit to dispose of the appeal in terms of the joint memo.
3. The settlement entered into between the parties under the joint memo is lawful. Therefore, the Joint memo is recorded. Appeal is disposed of modifying the impugned judgments and decrees of the Courts below in terms of the joint memo. Draw decree accordingly.
Registry shall return the lower Court records.
Sd/- JUDGE KG