Sri V Nagaraj Singh vs Sri Ismail S
2023 Latest Caselaw 4625 Kant

                                                  -1-
                                                          NC: 2023:KHC:24982
                                                             RFA No. 771 of 2022




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                             DATED THIS THE 18TH DAY OF JULY, 2023

                                                 BEFORE
                        THE HON'BLE DR. JUSTICE H.B.PRABHAKARA SASTRY
                         REGULAR FIRST APPEAL NO. 771 OF 2022 (MON)


                   BETWEEN:

                   1.    Sri V Nagaraj Singh
                         S/o Sri. Vijay Singh,
                         Aged about 42 years.

                   2.    Sri. Vijay Singh
                         S/o Late Sri. Bhaktawar Singh
                         Aged about 62 years.

                         Both are residing at No.243/5,
                         Behind Kote Temple,
                         K.R.Puram,
                         Bangalore-560036.
                                                                     ...Appellants
Digitally signed
by                 (By Sri. Viswanatha Reddy M., Advocate)
BHARATHIDEVI
K KORLAHALLI
Location: High
Court of           AND:
Karnataka


                   Sri. Ismail S
                   S/o Sri. Shareef Sab,
                   Aged about 71 years,
                   Residing at No. 72,
                   Vasavi Mahal
                   K.R.Puram
                   Bangalore-560036.
                                                                    ...Respondent
                   (Notice to Respondent served - unrepresented)
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                                        NC: 2023:KHC:24982
                                               RFA No. 771 of 2022




      This Regular First Appeal is filed under Section 96 of Civil
Procedure Code, praying to allow this appeal and to set aside
the impugned judgment and decree dated 27.01.2022 passed
in O.S.No.25063/2015 by the LXXIV Additional City Civil and
Sessions Judge, Mayohall Unit, Bangalore (C.C.H.No.75), by
decreeing the suit of the respondent with costs and ordering
the appellants are jointly and severally liable to pay a sum of
Rs.2,20,000/- (Rupees Two Lakhs Twenty Thousand Only) to
Respondent with interest at the rate of 18% p.a. from
September 2013 till payment and to dismiss the suit and to
order that this Hon'ble Court deems fit to be granted in the
circumstances of the case, in the above appeal, in the interest
of justice.

      This Regular First Appeal coming on for Orders through
Physical Hearing/Video Conferencing, this day, the Court made
the following:

                            ORDER

Heard the submission of learned counsel for the

appellants, who is physically present in the Court on the

memo filed by the appellants dated 18.04.2023.

2. In the said memo of withdrawal of the appeal, it is

stated that the parties have settled the matter out of

Court and the Execution Petition came to be closed as

settled between the parties out of Court.

3. In that view of the matter and supporting

submission made by the learned counsel for the

appellants, the Appeal stands disposed of as not pressed.

NC: 2023:KHC:24982 RFA No. 771 of 2022

4. Since the appellants are required to make an

application for refund of the alleged Court fee and

deposited amount, provided they are eligible for the same,

the memo dated 18.04.2023 filed in that regard cannot be

considered.

Sd/-

JUDGE

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