IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF APRIL 2017 BEFORE THE HON’BLE MR. JUSTICE L. NARAYANA SWAMY REGULAR FIRST APPEAL NO.999 OF 2007 Between:
Sri S. Venkatesh S/o late R. Sampangi Raju Aged 65 years R/at No.29, (old No.13) G.No.8th street, Jogupalya, Ulsoor Bangalore – 560 008 (by Shri M.U. Poonacha, Advocate) And:
R.S. Loganathan Since deceased by his LRs 1. Smt. Rajam Loganathan W/o R.S. Loganathan Aged 46 years 2. Sri TiTo Loganathan S/o Late R.S. Loganathan Aged 51 years Both are r/at No.279 5th ‘B’ Main Road, 2nd Block 1st Stage, K.B.R. Layout Kalyan Nagar Bangalore – 560 043 …Appellant …Respondents (by Smt. Beaula S. and S. Preethy, Advocates for R1, (NoC);
Sri Kesthur N.Chandrashekar, Advocate for R2) This Regular First Appeal is filed under Section 96 of the Code of Civil Procedure against the judgment and decree dated 19.01.2007 passed in OS NO.5391 of 1998 on the file of the XI Addl. Cityn Civil Judge, City Civil Court, Bangalore CCH-8, decreeing the suit for specific performance, and etc.
This regular first appeal coming on for orders, this day, the court delivered the following:
J U D G M E N T By order dated 10th April 2017 the matter was referred for Mediation and the parties were directed to be present before the Bangalore Mediation Centre on 20th April 2017.
2. By its letter dated 25th April 2017, the Bangalore Mediation Centre has reported that the parties have arrived at a settlement and the Memorandum of Settlement under Section 89 of the Code of Civil Procedure read with Rules 24 and 25 of the Karnataka Civil Procedure (Mediation) Rules, 2005 has been filed. The same has been signed by the parties and the learned counsel appearing for the parties. The same is placed on record.
3. This appeal stands disposed of in view of the settlement reached between the parties. Order of Trial Court stands modified in terms of the settlement. Registry to draw up decree accordingly. In view of the settlement arrived at between the parties, court fee deposited by the appellant is to be refunded to the appellant, in accordance with law.
Sd/- JUDGE lnn