IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF DECEMBER, 2019 BEFORE THE HON’BLE Dr. JUSTICE H.B.PRABHAKARA SASTRY REGULAR FIRST APPEAL No.6 OF 2016 BETWEEN:
Sri. C. Kannan Aged about 62 years, S/o. Chinnaswamy, No.15/74, 3rd Cross, Govinayakanahalli Gramatana, Kumaraswamy Layout, Bengaluru-560 078.
Appellant address wrongly shown as No.7, Govinayakanahalli Gramatana Kumaraswamy Layout Bengaluru – 560 078 in the trial court.
(By Sri Rameshchandra, Advocate) AND:
1. Sri. Nanda Kumar G., Aged about 37 years S/o Sri P.V. Gopal .. APPELLANT No.6, G Block, Bengaluru Dairy Colony Dharmaram College P.O. Hosur Road, Bangalore – 560 029.
2. Sri. Ramakrishnappa, Aged about 67 years, S/o. Munivenkatappa, No.15/74, Govinayakanahalli, Gramatana, Kumaraswamy Layout Bengaluru – 560 078.
Respondent No.2 address wrongly Shown as No.7, Govinayakanahalli Gramatana, Kumaraswamy Layout, Bengaluru-560 078 In the Trial Court.
.. RESPONDENTS (By Sri Deepak J., Advocate for M/s. Y.R.Sadashivareddy Associates, Advocates for R1; Sri K.Vijaya Kumar, Advocate for R2) ********** This Regular First Appeal is filed under S.96 read with Order XLI Rule 1 of CPC against the judgment and decree dated 19.12.2015 passed in O.S. No.7844/2003, on the file of the III Addl. City Civil and Sessions Judge, Bengaluru City, (CCH No.25), decreeing the suit for declaration, possession and for damages.
This Regular First Appeal coming on for Orders along with I.A.1/2019 this day, the Court made the following:
ORDER Learned counsels from both side present and the respective parties as identified by the learned counsels are also present in person.
Both side parties filed a joint memo through their learned counsels reporting settlement in this matter.
Both side parties have stated in the memo that the matter has been amicably settled between the parties. It is further stated in the memo that the amount in deposit may be given to respondent No.1.
Learned counsels from both side have made submissions on the lines of the joint memo.
The parties who are present in person are enquired and they also make their submissions on the lines of the joint memo. From their enquiry and the submissions from learned counsels from both side, it is convinced to the Court that the parties have settled the matter out of their own volition, free consent and keeping their best interest under consideration. As such, the matter can be disposed off as settled out of Court.
Accordingly, the appeal stands disposed off as settled out of Court. In view of the same and as submitted by both side in their joint memo, the deposit made if any by the appellant in this appeal be released in favour of the respondent No.1 and the refund of the court fee if any, to be in accordance with law.
In view of the disposal of the main appeal, I.A.1/2019 does not survive for consideration.
Sd/- JUDGE sac*