B Manjunatha vs Nagaraj S/O Late M. Byrappa
2024 Latest Caselaw 10909 Kant

Karnataka High Court

B Manjunatha vs Nagaraj S/O Late M. Byrappa on 22 April, 2024

Author: H.P.Sandesh

Bench: H.P.Sandesh

                                                -1-
                                                          NC: 2024:KHC:15882
                                                       RSA No. 1284 of 2009




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                           DATED THIS THE 22ND DAY OF APRIL, 2024

                                            BEFORE

                             THE HON'BLE MR JUSTICE H.P.SANDESH

                        REGULAR SECOND APPEAL NO. 1284 OF 2009 (SP)

                   BETWEEN:

                   1.    B. MANJUNATHA
                         S/O LATE BYRAPPA
                         AGED ABOUT 48 YEARS,
                         R/AT. NO.1268,
                         NARASIMHAIAH BUILDING,
                         1ST MAIN ROAD,
                         GANDHINAGAR, YELAHANKA
                         BANGALORE-560064.
                                                                   ...APPELLANT

                                (BY SRI. K.VARAPRASAD, ADVOCATE)
                   AND:

Digitally signed   1.    NAGARAJ
by DEVIKA M              S/O LATE M. BYRAPPA
Location: HIGH           AGED ABOUT 32 YEARS
COURT OF
KARNATAKA                R/AT MARUTHI NILAYA,
                         KANNUR,
                         BANGALORE-560064.
                                                              ...RESPONDENT

                              (BY SMT. M.RAJESHWARI, ADVOCATE FOR
                                SRI. R.B. SADASIVAPPA, ADVOCATE)

                        THIS RSA IS FILED U/S 100 OF CPC, AGAINST THE
                   JUDGMENT AND DECREE DATED 01.06.2009 PASSED IN
                   R.A.NO.147/2008 ON THE FILE THE I ADDL. DISTRICT JUDGE,
                   BANGALORE RURAL DISTRICT, BANGALORE, CONFIRMING THE
                              -2-
                                           NC: 2024:KHC:15882
                                         RSA No. 1284 of 2009




JUDGMENT AND DECREE DATED 17.04.2008 PASSED IN
O.S.NO.385/2006 ON THE FILE OF THE CIVIL JUDGE (SR.DN.)
AND JMFC, DEVANAHALLI.

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

                        JUDGMENT

Both the counsel for respective parties are present

and both the parties are also present.

2. Both the counsel for respective have filed

memorandum of compromise petition under Order 23 Rule

3 of Code of Civil Procedure wherein the respondent has

agreed to receive an amount of Rs.5,00,000/- and the

same is also paid in favour of the respondent by way of

two demand drafts bearing Nos.031700 for Rs.2,50,000/-

and D.D.No.031699 for Rs.2,50,000/- dated 21.03.2024

from the appellant. In view of settlement arrived between

the parties and parties have settled the lis between them

and having made the payment in favour of the respondent

by the appellant in accordance with as agreed.

Accordingly, the second appeal is disposed of in terms of

compromise.

NC: 2024:KHC:15882

3. The counsel for appellant has filed memo for

praying this Court to refund the Court fee. Hence, the

Registry is directed to refund the Court fee in accordance

with law.

Sd/-

JUDGE RHS