IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF JANUARY 2019 BEFORE THE HON’BLE MR.JUSTICE SREENIVAS HARISH KUMAR REGULAR FIRST APPEAL NO.1518 OF 2016 Between:
Sri.Srinivasa.D, S/o. Late Sri.Devaiah, Aged about 57 years, R/at Site No.V-14, New No.U-15, 1st Floor, Krishnappa Block, 2nd Cross, Pipeline Road, Malleswaram, Bengaluru-560 009. …Appellant (By Sri.Somashekara.K.M, Advocate) And:
Sri.R.Chandraiah Sine dead, By LRs., 1. Smt.Nagarathnamma, W/o. Late Sri. Chandraiah, Aged about 55 years, 2. Smt.Roopa, W/o. Sri.Shivakumar, D/o. Late Sri.Chandraiah, Aged about 36 years, 3. Sri.N.C.Guruprasad, S/o. Late Sri.Chandraiah, Aged about 34 years, All are R/at No.30, Kanasukanahalli Main, H.V.R.Layout, Dasanapura Hobli, Nelamangala Taluk, Bengaluru-560 094. …Respondents (By Sri.G.Papireddy, Advocate for C/R1) This Regular First Appeal is filed under Section 96 of CPC., against the judgment and decree dated 06.08.2016 passed in O.S.No.4262/2007 on the file of the XI Additional City Civil Judge, Bengaluru City, dismissing the suit for specific performance.
This Regular First Appeal coming on for Orders, this day, the Court made the following:
ORDER A joint memo has been filed by the appellant and respondent Nos.1 to 3. It is stated in the joint memo that the respondents have sold the property to the appellant for sale consideration of Rs.45,00,000/-. The appellant has paid the money to the respondents and in turn respondents have already executed a sale deed in favour of the appellant. Therefore, this is out of Court settlement. In view of this, the appellant does not press this appeal. His joint memo is placed on record. Therefore, appeal is dismissed.
Sd/- JUDGE NS