IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF OCTOBER, 2017 BEFORE THE HON’BLE Mr. JUSTICE B.SREENIVASE GOWDA RFA No.1685 OF 2006 BETWEEN:
1. SRI. D.BASAVARAJU, S/O. DASAIAH, AGED ABOUT 30 YEARS, R/O. AGASANAPURA VILLAGE, KASABA HOBLI, MALAVALLI TQ-571430.
2. SRI. DASAIAH, S/O. DODDAPUTTAIAH, AGED ABOUT 60 YEARS, R/O. AGASANAPURA VILLAGE, KASABA HOBLI, MALAVALLI TQ-571430.
3. D.RAMACHANDRA, S/O. DASAIAH, AGED ABOUT 22 YEARS, R/O. AGASANAPURA VILLAGE, KASABA HOBLI, MALAVALLI TQ-571430.
... APPELLANTS (BY SRI. T.N.MAHADEVASWAMY, ADVOCATE) AND:
1. STATE BANK OF MYSORE, HADLI BRANCH, BY ITS MANAGER, SRI. SRINIVASASHETTY, PIN CODE-571430.
2. SIDDAIAH, S/O. KARIAIAH, AGED ABOUT 50 YEARS, R/O. DHANAGUR VILLAGE, KASABA HOBLI, MALAVALLI TQ-571430.
(R1 AND R2 SERVED) …RESPONDENTS THIS REGULAR FIRST APPEAL IS FILED UNDER SECTION 96 OF CODE OF CIVIL PROCEDURE AGAINST THE JUDGMENT AND DECREE DATED 06.02.2006 PASSED IN OS.NO.128/2003 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) MADDUR, DECREEING THE SUIT FOR RECOVERY OF MONEY.
THIS APPEAL COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:-
JUDGMENT Memo signed by the 1st appellant as well as the counsel appearing for the appellants is filed, praying permission of the Court to dismiss the appeal as withdrawn as the matter is settled before the Lok Adalath in Ex.No.31/2007 and praying for refund of Court fee.
2. Memo is taken on record.
3. Accordingly, Appeal is dismissed as withdrawn for the reasons stated in the memo.
4. Registry is directed to refund the permissible court fee by issuing cheque for the refund amount in the name of 1st appellant as requested by the learned counsel for the appellants.
In view of the dismissal of the appeal, application for stay does not survive for consideration and hence it is rejected.
Sd/- JUDGE sd