IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF NOVEMBER, 2019 PRESENT THE HON’BLE MRS. JUSTICE B. V. NAGARATHNA AND THE HON’BLE MS. JUSTICE JYOTI MULIMANI REGULAR FIRST APPEAL No.1399 of 2018 (MON) BETWEEN :
SAMANNAYA CHOWDHURI SON OF LATE SAMEER CHOWDHURI AGED ABOUT 48 YEARS RESIDING AT NO. 203 BLOCK C-01, WHISPERING MEADOWS 1ST MAIN, RMV 2ND STAGE DOLLARS COLONY BANGALORE – 560 094.
(BY SRI.MATHEW P.M., ADVOCATE) AND:
ANAGHA A. SATHAYE WIFE OF LATE AVADOOT SATHAYE AGED ABOUT 42 YEARS RESIDING AT NO.403, BLOCK `B’ WHISPERING MEADOWS 1ST MAIN, RMV 2ND STAGE DOLLARS COLONY BANGALORE – 560 094.
... APPELLANT ... RESPONDENT (BY SRI.T.V. VIJAY RAGHAVAN, ADVOCATE FOR C/R) THIS REGULAR FIRST APPEAL IS FILED UNDER SECTION 96 OF THE CODE OF CIVIL PROCEDURE AGAINST THE JUDGMENT AND DECREE DATED 28.06.2018 PASSED IN O.S.NO.4121/2013 ON THE FILE OF THE VII ADDL CITY CIVIL JUDGE AND SESSIONS JUDGE, BENGALURU, DECREEING THE SUIT FOR RECOVERY OF MONEY, ETC.
THIS REGULAR FIRST APPEAL COMING ON FOR ORDERS THIS DAY, NAGARATHNA J., DELIVERED THE FOLLOWING:
JUDGMENT Sri.Mathew P.M, learned counsel for the appellant submits that the dispute between the parties has been settled in E.P.No.3511/2018 and that the appellant does not wish to prosecute this appeal any further. He further submits that the banker’s cheque for a sum of Rs.1,00,000/- in the name of Registrar General, High Court of Karnataka, may be returned to the appellant. He also further submits that the Court fee paid in this appeal may also be returned to the appellant on account of the settlement arrived at between the parties.
2. The submission of the learned counsel for the appellant is placed on record.
3. The appeal is dismissed as not pressed on account of the settlement of dispute between the parties in E.P.No.3511/2018.
4. Registry is directed to return the aforesaid banker’s cheque dated 30.10.2019 to the appellant and also to refund 75% of the amount of court fee paid by the appellant, in terms of Section 66 (2) (c) of the Karnataka Court - Fees and Suits Valuation Act, 1958.
In view of the disposal of the appeal in the aforesaid terms, pending applications are dismissed as not pressed.
Sd/- JUDGE Sd/- JUDGE VMB