Smt. Umadevi vs Sri Mohammed Eajaz Ahamed
2023 Latest Caselaw 5902 Kant

                                              -1-
                                                         NC: 2023:KHC:30064
                                                       RSA No. 1655 of 2021




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                           DATED THIS THE 23RD DAY OF AUGUST, 2023

                                            BEFORE

                             THE HON'BLE MR JUSTICE H.P.SANDESH

                   REGULAR SECOND APPEAL NO. 1655 OF 2021 (DEC/INJ)

                   BETWEEN:

                   1.    SMT. UMADEVI
                         W/O LATE SHADAKSHARAPPA
                         AGED ABOUT 59 YEARS,
                         HOUSE HOLD

                   2.    SRI BASAVESHA
                         S/O LATE SHADAKSHARAPPA
                         AGED ABOUT 35 YEARS,
                         CIVIL ENGINEER

                   3.    SRI VEERESH
                         S/O LATE SHADAKSHARAPPA
                         AGED ABOUT 33 YEARS,
                         RESIDING AT
Digitally signed
by SHARANYA T            ALL APPELLANTS ARE RESIDING
Location: HIGH           AT NEAR KALIKAMBA TEMPLE
COURT OF                 BEHIND MAHARANI'S COLLEGE
KARNATAKA
                         KAMANABHAVI EXTENSION
                         CHITRADURGA -577 501
                                                            ...APPELLANTS

                              (BY SRI T. SESHAGIRI RAO, ADVOCATE)
                   AND:

                   1.    SRI MOHAMMED EAJAZ AHAMED
                         S/O LATE MOHMMED GOUSE
                         AGED ABOUT 69 YEARS,
                         BUSINESS MAN
                         RESIDING AT DOOR NO.1542
                               -2-
                                           NC: 2023:KHC:30064
                                        RSA No. 1655 of 2021




     ASSAR MOHALLA
     CHITRADURGA-577501.

2.   CITY MUNICIPALITY
     CHITRADURGA
     REPRESENT BY ITS COMMISSIONER
     CHITRADURGA -577501
                                              ...RESPONDENTS

         (BY SRI M.A. HUMAYUN, ADVOCATE FOR R1;
          SMT. SINCHANA M.R., ADVOCATE FOR R2)

     THIS RSA IS FILED UNDER SECTION 100 OF CPC
AGAINST THE JUDGMENT AND DECREE DATED 23.12.2020
PASSED IN R.A.NO.57/2019 ON THE FILE OF THE II
ADDITIONAL    SENIOR   CIVIL   JUDGE,    CHITRADURGA,
DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT
AND DECREE DATED 15.06.2019 PASSED IN O.S.NO.301/2010
ON THE FILE OF THE I ADDITIONAL CIVIL JUDGE AND JMFC,
CHITRADURGA.

    THIS APPEAL COMING ON FOR ORDERS THIS DAY, THE
COURT DELIVERED THE FOLLOWING:

                         JUDGMENT

This matter was referred to the Bangalore Mediation

Centre and the same is settled. Copy of the settlement dated

22.8.2023 and Memorandum of Settlement Deed under Section

89 of CPC is also placed before the Court and in terms of

settlement, Demand Draft of Rs.6,00,000/- is handed over to

respondent No.1 before the Court and acknowledged the same

and the said Demand Draft is paid by the appellants.

NC: 2023:KHC:30064 RSA No. 1655 of 2021

2. The respective parties and their counsels are present

before the Court. The counsel for respondent No.2 is also

present before the Court.

3. In view of the settlement arrived at between the

parties i.e. appellants and respondent No.1, the appeal is

disposed of in terms of the settlement.

4. In view of the settlement arrived at between the

parties, Registry is directed to refund the court fee in favour of

any one of the appellants on proper identification, in

accordance with law.

Sd/-

JUDGE AP