IN THE HIGH COURT OF KARNATAKA, BENGALURU DATED THIS THE 07TH 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.830/2016 (SP) BETWEEN:
SRI P. NAGARAJ S/O. LATE B.M. PAPAIAH, AGED ABOUT 47 YEARS, R/AT 19/A, 11TH MAIN, 16TH CROSS, LAKKASANDRA EXTENSION, BANGALORE – 560 027. ... APPELLANT (BY SRI M. SHIVAPRAKASH, ADVOCATE) AND:
1. SRI M. KRISHNAMURTHY S/O. MUNIRAMAIAH, AGED ABOUT 53 YEARS, R/AT NO.30/30-1, 9TH ‘C’ CROSS, WILSON GARDEN, BANGALORE – 560 027.
2. P. JAYAMMA D/O. LATE B.M. PAPAIAH, AGED ABOUT 69 YEARS, 3. P. MUNIYAMMA D/O. LATE B.M. PAPAIAH, AGED ABOUT 63 YEARS, 4. LAKSHMIDEVAMMA, D/O. LATE B.M. PAPAIAH, AGED ABOUT 60 YEARS, 5. S. SHANTHI D/O. GRAND DAUGHTER OF LATE B.M. PAPAIAH, D/O. LATE RAJALAKSHMI, AGED ABOUT 44 YEARS, 6. PUSHPALATHA D/O. GRAND DAUGHTER OF LATE B.M. PAPAIAH, D/O. LATE RAJALAKSHMI, AGED ABOUT 43 YEARS, 7. SRI RAMACHANDRA S/O. LATE B.M. PAPAIAH, AGED ABOUT 41 YEARS, S/O. LATE RAJALAKSHMI, ALL ARE R/AT NO.19/A, 11TH MAIN, 16TH CROSS, LAKKASANDRA EXTENTION, BANGALORE – 560 027.
8. P. GOWRAMMA @ GOWRI, W/O. P. RAMUDU, D/O LATE B.M. PAPAIAH, AGED ABOUT 49 YEARS, R/AT NO.9-5-9, K.T. STREET, HINDUPUR, ANANTHPUR DISTRICT – 515 201. ... RESPONDENTS (V/O. DATED 26/10/2016 – NOTICE TO R-2 TO R-8 – ARE DISPENSED WITH) THIS RFA IS FILED UNDER SECTION 96 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 27.06.2015 PASSED IN O.S.NO.8419/2011 ON THE FILE OF THE XXVIII ADDL. CITY CIVIL JUDGE, MAYOHALL UNIT, BENGALURU (CCCH 29), DECREEING THE SUIT FOR SPECIFIC PERFORMANCE.
THIS APPEAL COMING ON FOR ORDERS THIS DAY, NAGARATHNA J., DELIVERED THE FOLLOWING:-
J U D G M E N T Learned counsel for the appellant submits that on account of out of Court settlement, the appellant may be permitted to withdraw the appeal and the registry may be directed to refund the entire Court fee paid by the appellant. In this regard, a memo is also filed by the appellant.
2. Memo is perused.
3. Appeal is dismissed as withdrawn.
4. Registry is directed to refund 75% of the Court fee paid by the appellant under Section 66(2)(c) of the Karnataka Court Fees and Suits Valuation Act, 1958.
Sd/- JUDGE Sd/- JUDGE S*