IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF DECEMBER, 2019 BEFORE THE HON'BLE MR.JUSTICE S. SUNIL DUTT YADAV REGULAR SECOND APPEAL No.381/2015 Between:
Mr. Y. Rukmanashetti S/o. V. Krishnashetti, Aged about 62 years, R/o. D. No. 3498, 3rd Main, M. C. C. ‘B’ Block, Davanagere – 577 002.
… Appellant (By Sri. Vishwajith Shetty S., Advocate) And:
Sri. D. N. Ningappa S/o. Neelappa, Aged about 45 years, R/o. Hadadi Village, Davanagere Taluk, Davanagere District 577002.
… Respondent This RSA is filed under Section 100 of Code of Civil Procedure, against the judgment and decree dated 12.01.2015 passed in R.A.No.63/2013 on the file of the III Additional Sr. Civil Judge, Davanagere, allowing the appeal and setting aside the judgment and decree dated 11.04.2012 passed in O.S.No.29/2008 on the file of the Addl. Civil Judge (Jr. Dn.) Davanagere.
This RSA coming on for orders this day, the Court, delivered the following:
JUDGMENT Learned counsel for the appellant has filed a memo and submits that the parties have settled the dispute out of Court and hence, the appellant intends to withdraw the appeal.
In light of the said memo, appeal is dismissed. However, the appellant is entitled for refund of 75% of the Court fee paid under Section 66(c) of the Karnataka Court Fee and Suits Valuation Act, 1958. Office to take necessary steps for refund.
Sd/- JUDGE VP