Sri Chennappa vs Sri T I Sharath Babu
2023 Latest Caselaw 7422 Kant

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                                                    NC: 2023:KHC:38586
                                                  RFA No. 1681 of 2022




                 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                   DATED THIS THE 31ST DAY OF OCTOBER, 2023

                                      BEFORE
                   THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR
                   REGULAR FIRST APPEAL NO. 1681 OF 2022 (SP)
            BETWEEN:

            1.      SRI CHENNAPPA
                    S/O LATE KARIYAPPA
                    AGED ABOUT 89 YEARS
                    R/A UTTARI VILLAGE
                    KAGGALIPURA POST
                    BANGALORE SOUTH TALUK
                    BANGALORE-560082
                    DEAD BY LRS

            1(A). SRI. C. NAGARAJU
                  S/O LATE CHENNAPPA
                  AGED ABOUT 66 YEARS

            1(B). SRI.VENKATAPPA
Digitally
signed by         S/O LATE CHENNAPPA
VANDANA S
                  AGED ABOUT 62 YEARS
Location:
HIGH
COURT OF    1(C)    SRI. RAMAIAH C
KARNATAKA
                    S/O LATE K. CHENNAPPA
                    AGED ABOUT 60 YEARS

                    ALL ARE R/A UTTARI VILLAGE,
                    UTTARAHALLI HOBLI,
                    BANGALORE SOUTH TALUK
                    BANGALORE - 560 082
                                                         ...APPELLANTS
            (BY SRI. JAGADEESHACHARI.,ADVOCATE)
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                                           NC: 2023:KHC:38586
                                        RFA No. 1681 of 2022




AND:

SRI. T. I. SHARATH BABU,
S/O T. M. DORESWAMY NAIDU,
AGED ABOUT 61 YEARS,
NO.25, 2ND MAIN ROAD,
4TH CROSS, RAMACHANDRAPPA LAYOUT,
PADMANABHAGAR, BANGALORE
                                               ...RESPONDENT
     THIS RFA IS FILED UNDER SECTION 96 R/W ORDER 41
RULE 1 OF CPC., AGAINST THE JUDGMENT AND DECREE
DATED 27.09.2010 PASSED IN OS No.1484/2009 ON THE
FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE,
BANGALORE RURAL DISTRICT, BANGALORE CITY, DECREEING
THE SUIT FOR SPECIFIC PERFORMANCE OF CONTRACT AND
ETC.

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

Learned counsel for the appellants has filed a memo

seeking withdrawal of the appeal with liberty to file a

miscellaneous petition by taking recourse to such remedy as

available in law and prays to refund the entire Court fee which

was inadvertently paid by mistake by the appellant within the

meaning of Section 67 of the Karnataka Court fees and Suits

Valuation Act, 1958.

2. Memo and submission of the learned counsel for the

appellants are placed on record.

NC: 2023:KHC:38586 RFA No. 1681 of 2022

3. The appeal is dismissed as withdrawn reserving

liberty in favour of the appellants to take recourse such remedy

as available in law.

4. The Registry is directed to refund the entire (100%)

Court fee paid on the memorandum of appeal back to the

appellants forthwith without any delay.

Sd/-

JUDGE

MH/-

CT: BHK