Smt. Bhadramma vs Sri. R Sudhakar
2024 Latest Caselaw 5133 Kant

Karnataka High Court

Smt. Bhadramma vs Sri. R Sudhakar on 20 February, 2024

Author: Krishna S Dixit

Bench: Krishna S Dixit

                                            -1-
                                                       NC: 2024:KHC:7034-DB
                                                       RFA No. 1488 of 2023




                    IN THE HIGH COURT OF KARNATAKA AT BENGALURU
                       DATED THIS THE 20TH DAY OF FEBRUARY, 2024

                                         PRESENT
                          THE HON'BLE MR JUSTICE KRISHNA S DIXIT
                                            AND
                           THE HON'BLE MR JUSTICE G BASAVARAJA
                       REGULAR FIRST APPEAL NO. 1488 OF 2023 (SP)
                   BETWEEN:

                   SMT.BHADRAMMA,
                   W/O LATE MADAIAH, AGED 73 YEARS,
                   R/AT KERALALUSANDRA VILLAGE,
                   KASABA HOBLI, KANAKAPURA TALUK,
                   RAMANAGARA DISTRICT - 562 123.
                   (SENIOR CITIZENSHIP BENEFIT
                   NOT CLAIMED)
                                                               ...APPELLANT
                   (BY SRI.VENKATESH SOMAREDDI, ADVOCATE)

                   AND:

                   SRI.R.SUDHAKAR,
Digitally signed   S/O LATE MUTHYALA NAIDU,
by SHARADA
VANI B             AGED ABOUT 59 YEARS,
Location: HIGH     R/AT NO.1369, KAVITHA JAIN ROAD,
COURT OF
KARNATAKA          C MAIN ROAD, GIRINAGAR 2ND PHASE,
                   BANGALORE - 85.
                                                             ...RESPONDENT

                        THIS RFA IS FILED UNDER SEC.96 ORDER 41 RULE 1 OF
                   CPC., AGAINST THE JUDGEMENT AND DECREE DATED
                   6.04.2023 PASSED IN OS NO.178/2018 ON THE FILE OF THE
                   SENIOR CIVIL JUDGE AND JMFC, KARNAKAPURA., DECREEING
                   THE SUIT FOR SPECIFIC PERFORMANCE.

                       THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE
                   COURT DELIVERED THE FOLLOWING:
                                 -2-
                                           NC: 2024:KHC:7034-DB
                                           RFA No. 1488 of 2023




                           JUDGMENT

Learned counsel for the Appellant has filed a Memo dated

20.02.2024 seeking leave of the Court to withdraw the Appeal

on the ground that the Decree for Specific Performance has

been accomplished, the same having been executed &

registered. The said Memo reads as under:

"Appellant submits that the dispute has been resolved amicably among the parties hence Appellant intends to withdraw the Appeal. Hence Appeal may kindly be disposed of as withdrawn in the interest of justice and equity."

The Memo is taken on record and the Appeal stands disposed

off as withdrawn in terms of the Memo.

Registry is directed to send a copy of this Order to the

Respondent by Speed Post, immediately.

Sd/-

JUDGE

Sd/-

JUDGE

MEG