H Rayappa S/O Appanna vs Sri H. Mallappa S/O Dodda ...
2021 Latest Caselaw 7174 Kant

IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH

      DATED THIS THE 23 R D DAY OF DECEMBER, 2021

                         BEFORE

       THE HON'BLE MR.JUSTICE RAVI V.HOSMANI


              R.S.A.No.100488/2021 (SP)

BETWEEN:

SMT.H.RAYAPPA S/ O A PPANNA ,
AGED ABOUT 56 YEARS,
TUNGABHADRA HI GHER PRIMARY S CHOOL,
HUVINA HADA GALI , HADA GALI TALUK ,
BALLARI DISTRI CT.
                                             ... APPELLANT
(BY SRI. SANDEEP KATTI, ADV OCATE)

AND

SRI H.MALLAPPA ,
S/O DODDA HAN UMANTHAPPA,
AGED ABOUT 67 YEARS,
R/AT DOOR NO.226,
NIVEDITHA NILAY A,
WARD NO.XXXII , J .P.NAGARA ,
HOSAPETE, HOSAPETE TALUK,
BALLARI DISTRI CT.                         ... RES POND ENT
     THIS REGULAR S ECOND APPEAL I S FILED UNDER
SECTION 100 OF C.P.C., A GAINST THE JUDGMENT AND
DECREE DATED 01.06.2019 PASSED IN R.A.N O.46/ 2018 ON
THE FILE OF SENI OR CIVIL JUD GE A ND J.M.F.C., H.B.HALLI ,
ITINERARY     SITTING    AT    SENIOR      CIVIL   JUDGE,
HUVINAHADAGALI ,     DISMISSING       THE   APPEAL    AND
CONFIRMING     THE   JUDGMENT     AND     DECREE    DATED
25.04.2016, PASS ED IN O.S.N O.77/ 2012 ON THE FILE OF
THE CIVIL J UDGE AND J.M.F .C., HADAGALI, DISMISSING
THE   SUIT   FILED   FOR   S PECIFI C   PERFORMANCE    OF
CONTRACT.
                                      2




    THIS APPEAL COM ING ON FOR ORDERS THIS DAY, THE
COURT , MADE THE FOLLOWIN G:

                               ORDER

Learned counsel for appellant has filed a memo

stating that appellant and respondent herein have

amicably settled the lis between them by filing

compromise petition in+ HRC No.1/2017 on the file of

Civil Judge and J.M.F.C., Huvinahadagali. Pursuant to

the compromise petition filed by appellant and

respondent herein, order has been passed on

14.08.2021 and is therefore seeking leave of this Court

to withdraw appeal. Learned counsel also seeks

direction for refund of Court fee.

2. In view of memo, appeal is dismissed as

withdrawn.

Registry to refund admissible Court fee.

Sd/-

JUDGE

CLK