IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF AUGUST, 2019 PRESENT THE HON’BLE MRS. JUSTICE B.V.NAGARATHNA AND THE HON'BLE MR.JUSTICE ASHOK G. NIJAGANNAVAR R.F.A.NO.666 OF 2017 (SP) BETWEEN:
SRI BHADRAIAH, S/O LATE SUMANAIAH, AGED ABOUT 60 YEARS, R/AT KEMPEGOWDANA DODDI VILLAGE, KASABA HOBLI, RAMANAGARA TALUK AND DISTRICT - 571511.
(BY SRI R S RAVI, ADVOCATE) AND:
...APPELLANT 1. SRI. SYED MAHABOOB, S/O SYED KAREEM @ PASHA, AGED ABOUT 48 YEARS, R/AT ZIAULLA STREET NANA BLOCK, NALBANDWADI RAMANAGARA TALUK, AND DISTRICT -571511 2. SMT KEMPAMMA W/O LATE SUMANAIAH , AGED ABOUT 78 YEARS, R/AT KEMPEGOWDANA DODDI VILLAGE, KASABA HOBLI, RAMANAGARA TALUK AND DISTRICT - 571511. ... RESPONDENTS (BY SRI R B SADASIVAPPA, ADVOCATE FOR R1) THIS REGULAR FIRST APPEAL IS FILED UNDER SECTION 96 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 25.11.2016 PASSED IN OS NO.432/2012 ON THE FILE OF THE ADDL. SENIOR CIVIL JUDGE, RAMANAGARA, DECREEING THE SUIT FOR SPECIFIC PERFORMANCE.
THIS APPEAL COMING ON FOR ORDERS THIS DAY, NAGARATHNA J., DELIVERED THE FOLLOWING:
JUDGMENT Learned counsel for the appellant has filed a memo seeking permission to withdraw the appeal as the parties have settled their dispute and the appellant does not wish to prosecute the appeal any further. A prayer for refund of the Court Fee is also sought.
2. Memo is perused.
3. Appeal is dismissed as withdrawn on account of settlement arrived at between the parties.
75% of the Court fees is ordered to be refunded as per Section 66(2)(c) of the Karnataka Court Fees and Suits Valuation Act, 1958 to the appellant by the Registry.
In view of the disposal of the appeal as not pressed, pending applications also stand dismissed as not pressed.
Sd/- JUDGE Sd/- JUDGE BSR