Dayananda Pai P vs Smt.Sharada Shetty
2022 Latest Caselaw 8890 Kant

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       IN THE HIGH COURT OF KARNATAKA AT BENGALURU

           DATED THIS THE 15TH DAY OF JUNE, 2022

                          PRESENT

            THE HON'BLE MR. JUSTICE G.NARENDAR

                            AND

             THE HON'BLE MR. JUSTICE P.N.DESAI

             REGULAR FIRST APPEAL NO.964/2013

BETWEEN:

P. DAYANANDA PAI
S/O LATE NARASIMHA PAI,
AGED ABOUT 67 YEARS,
NO.10/1, LAKSHMI NARAYANA COMPLEX,
GROUND FLOOR, PALACE ROAD,
BANGALORE-560062.
                                             ... APPELLANT

(BY SRI V.C.RAJU, ADV.)

AND:

1.     SMT.SHARADA SHETTY
       W/O A.J.SHETTY,
       AGED 62 YEARS,

2.     A J SHETTY
       [A.JANARDDANA SHETTY]
       S/O SANKAPPA SHETTY,
       AGED 74 YEARS,
       R/AT "LAKSHMI", DENDOREWELL
       MANGALORE-575002.
                                          ... RESPONDENTS

(BY SRI K.SHASHIKIRAN SHETTY, SENIOR COUNSEL FOR
 SRI KIRAN.J, ADV. FOR C/R-1 AND R-2.)
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     THIS REGULAR FIRST APPEAL IS FILED UNDER SECTION
96 OF CPC, AGAINST THE JUDGMENT AND DECREE
DATED:14.03.2013 PASSED IN O.S.2269/2008 ON THE FILE OF
THE XXII-ADDL. CITY CIVIL AND SESSIONS JUDGE, C/C OF
XI-ADDL. CITY CIVIL AND SESSIONS JUDGE, BENGALURU,
DISMISSING THE SUIT FOR SPECIFIC PERFORMANCE.

     THIS REGULAR FIRST APPEAL COMING ON FOR "ORDERS"
THIS DAY, G.NARENDAR J, DELIVERED THE FOLLOWING:


                         JUDGMENT

Memo for withdrawal is filed into Court by the learned

counsel for the appellant Sri V.C. Raju, Roll No.1964/02.

2. It is submitted that the parties have arrived at

an out of Court settlement and that the appellant is unable

to appear before this Court as his health does not permit

him to travel to the Court.

3. Hence, it is prayed that the appeal be dismissed

as withdrawn and Registry be directed to refund the Court

fee.

4. The submission of the learned counsel is placed

on record and memo is taken on record.

5. Appeal is dismissed as withdrawn.

6. Office to draw-up a decree accordingly.

Registry shall examine and refund the permissible

Court fee.

Sd/-

JUDGE

Sd/-

JUDGE Chs CT-HR