Sunil Kumar N vs Daivajna Bharahmana Sangha (R)
2023 Latest Caselaw 2148 Kant

                                               -1-
                                                       RSA No. 738 of 2020




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                            DATED THIS THE 10TH DAY OF APRIL, 2023

                                           BEFORE

                             THE HON'BLE MR JUSTICE H.P.SANDESH

                           REGULAR SECOND APPEAL NO.738 OF 2020

                   BETWEEN:

                   SUNIL KUMAR N
                   S/O N V SHET
                   AGEDA BOUT 51 YEARS
                   R/O DR S P M ROAD
                   SRI LAKSHMINARAYANA JEWELRY WORKS
                   SRI GAVI SIDDESHWARA KRUPA
                   SHIVAMOGGA-577201


                                                             ...APPELLANT
                   (BY SRI. P N HARISH.,ADVOCATE)
                   AND:
Digitally signed
by SHARANYA T
Location: HIGH     1.    DAIVAJNA BHARAHMANA SANGHA (R)
COURT OF                 JAIL ROAD
KARNATAKA
                         SHIVAMOGGA CITY-577 201
                         REPRESENTED BY ITS PRESIDENT

                   2.    KRISHNA S SHET
                         S/O SUBRAYA SHET
                         AGED ABOUT 59 YEARS
                         R/O H SIDDAIAH ROAD
                         GANDHI BAZAAR
                         SHIVAMOGGA-577201
                          -2-
                                 RSA No. 738 of 2020




3.   PANDURANGA GANADHAR SHET
     S/O GANADHAR SHET
     AGED ABOUT 57 YEARS
     R/O OPP.JAYALAKSHMI BEEDHI WORKS
     GANDHI BAZAAR
     SHIVAMOGGA-577201

4.   MURALIDHARA V SHET
     S/O VENKATESH MURARI SHET
     AGED ABOUT 51 YEARS
     R/O ASHOKA ROAD
     SHIVAMOGGA-577201

5.   A S VINAYAKA SHET
     S/O SUBRAYA SHET
     AGED ABOUT 59 YEARS
     R/O 60 FEET ROAD
     MAHAGANAPATHI JEWELLERS
     OPP. TO WATER TANK
     VINOBANAGARA
     SHIVAMOGGA-577 201

6.   MANJUNATHA N SHET
     S/O NEELAKANTHA SHET
     AGED ABOUT 49 YEARS
     R/O TIRUPALLANAIAH KERI
     LASHKAR MOHALLA
     SHIVAMOGGA CITY-577201

7.   DINESH PRABHAKAR SHET
     S/O PRABHAKAR SHET
     AGED ABOUT 47 YEARS
     R/O HANUMANTHAPPA COMPLEX
     YELEREVANNANA KERI
     GANDHI BAZAAR
     SHIVAMOGGA-577 201
                                    ...RESPONDENTS
(R1 TO 4, 6, 7 ARE SERVED)
                             -3-
                                       RSA No. 738 of 2020




    THIS R.S.A. IS FILED UNDER SECTION 100 OF CPC
AGAINST THE JUDGMENT AND DECREE DATED 25.11.2019
PASSED IN R.A.NO.81/2015 ON THE FILE OF THE I
ADDITIONAL    SENIOR    CIVIL  JUDGE   AND   CJM,
SHIVAMOGGA AND ETC.

     THIS R.S.A. COMING ON FOR ORDERS THIS DAY,
THE COURT DELIVERED THE FOLLOWING:

                        ORDER

The learned counsel for the appellant has filed a

memo seeking permission of this Court to withdraw the

appeal on the ground that subsequent to institution of the

appeal, the defendants have paid a sum of Rs.1,00,000/-

towards full and final satisfaction of the damages awarded

through cheque dated 16.04.2022 and made a paper

publication tendering explanation and apology to the

appellant. In view of the said memo, the appeal is

dismissed as withdrawn.

Registry is directed to refund the Court fee if any, in

accordance with law.

Sd/-

JUDGE

SN