Sri K Shivashankar vs Smt Muddamma
2023 Latest Caselaw 3693 Kant

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                                                    NC: 2023:KHC:21926
                                                       RFA No. 1461 of 2011




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                            DATED THIS THE 26TH DAY OF JUNE, 2023

                                           BEFORE
                        THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD
                         REGULAR FIRST APPEAL NO. 1461 OF 2011 (SP)
                   BETWEEN:

                   SRI K SHIVASHANKAR
                   AGED 50 YEARS
                   S/O B KARIGOWDA
                   R/AT DOOR NO.171
                   BRUNDAVANA EXTENSION
                   MYSORE CITY.
                                                                ...APPELLANT
                   (BY SRI.B.N.MAHESHCHANDRA., ADVOCATE)

                   AND:

                   1.    SMT MUDDAMMA
                         AGED 70 YEARS
                         W/O MADEGOWDA

                   2.    SRI M MAHADEVU
Digitally signed         AGED 53 YEARS
by                       S/O MADE GOWDA
DHANALAKSHMI             BOTH ARE R/AT YARAGANAHALLI GRAMA
MURTHY
                         KASABA HOBLI, MYSORE TALUK-570012.
Location: High
Court of                                                      ...RESPONDENTS
Karnataka
                   (BY SRI.UDITA RAMESH., ADVOCATE FOR R1:
                       SRI. T.S SATISH, ADVOCATE FOR R2)

                        THIS RFA IS FILED UNDER SECTION 96 OF CPC,
                   AGAINST THE JUDGEMENT AND DECREE DATED 11.4.2011
                   PASSED IN O.S.NO.359/2006 ON THE FILE OF I ADDITIONAL
                   JUDGE, COURT OF SMALL CAUSES AND SENIOR CIVIL JUDGE,
                   MYSORE, DISMISSING THE SUIT FILED FOR SPECIFIC
                   PERFORMANCE OF CONTRACT.
                                   -2-
                                          NC: 2023:KHC:21926
                                               RFA No. 1461 of 2011




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

                               JUDGMENT

Learned counsel appearing for the appellant has filed

a memo dated 26.06.2023 seeking leave of this Court to

withdraw this appeal on the ground that the parties have

settled the matter out of Court.

Memo dated 26.06.2023 is taken on record.

In view of the above, the present appeal is

dismissed as withdrawn.

Office is directed to refund the Court fee in favour of

the appellant, after due verification.

Sd/-

JUDGE

HA