H S Saraswathi vs Smt Chaya S N
2022 Latest Caselaw 10256 Kant

                            1

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

        DATED THIS THE 4TH DAY OF JULY, 2022

                       BEFORE

     THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR

             R.F.A.NO.1192 OF 2021 (SP)

BETWEEN
1.     H.S. SARASWATHI
       W/O M.T.VENKATESH
       AGED ABOUT 42 YEARS
       R/AT GROUP 4, HIG-46
       KHB COLONY, HOOTAGALLI
       MYSURU - 571 617

2.     M.T. VENKATESH
       S/O LATE THIMMAIAH
       AGED ABOUT 48 YEARS
       R/AT GROUP 4, HIG-46
       KHB COLONY, HOOTAGALLI
       MYSURU - 570 018

3.     M.V.JEEVITHA
       D/O M.T.VENKATESH
       AGED ABOUT 19 YEARS
       R/AT GROUP 4, HIG-46
       KHB COLONY, HOOTAGALLI
       MYSURU - 570 018                   ...APPELLANTS

(BY SMT. H.S.POORNIMA, ADVOCATE)

AND

SMT. CHAYA S.N.
W/O SANNASWAMY NAYAKA
R/AT CHANNAMGERE GRAMA
CHUNCHANAKATTE HOBLI
KRISHNA RAJANAGARA TALUK
MYSURU DISTRICT - 571 617            ...RESPONDENT
                            2

      THIS APPEAL IS FILED UNDER SECTION 96 OF CPC,
PRAYING TO SET ASIDE THE JUDGMENT AND DECREE DATED
23.04.2021 PASSED IN O.S.NO.4/2019 ON THE FILE OF THE
SENIOR CIVIL JUDGE AND JMFC, K.R.NAGAR, DECREEING THE
SUIT FOR SPECIFIC PERFORMANCE OF CONTRACT.
     THIS APPEAL COMING ON FOR ORDERS THIS DAY, THE
COURT DELIVERED THE FOLLOWING:

                       JUDGMENT

Learned counsel for the appellants filed a memo

seeking for withdrawal of the appeal as settled out of

Court.

2. Appeal is dismissed as settled out of Court.

3. Registry is directed to refund the entire Court

fee (100%) paid on the memorandum of appeal in terms

of Section 66 (amended vide Act, 2020) of the Karnataka

Court Fees and Suit Valuation Act, 1958.

Sd/-

JUDGE

gpg