Karnataka High Court
Smt C S Sudha vs M/S Reliance Capital Asset Management ... on 28 February, 2024
Author: M.G.S. Kamal
Bench: M.G.S. Kamal
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NC: 2024:KHC:8293
RSA No. 1106 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 28TH DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE M.G.S. KAMAL
REGULAR SECOND APPEAL NO. 1106 OF 2022 (MON)
BETWEEN:
SMT. C. S. SUDHA,
W/O SRI. C. P. SUNDER RAJ,
AGED ABOUT 60 YEARS,
R/O HOUSE NO.13,
"SRI KARTHIK", 1ST CROSS,
HOSAMANE EXTENSION,
SHIVAMOGGA CITY-577 201.
...APPELLANT
(BY SRI. P.N. NANJA REDDY, ADVOCATE)
AND:
M/S. RELIANCE CAPITAL
ASSET MANAGEMENT LIMITED,
Digitally signed by ONE INDIA BULLS CENTER TOWER ONE,
SUMA B N 11TH AND 12TH FLOOR,
Location: High
Court of Karnataka JUPITER MILLS COMPOUND,
841, SENAPATI BAPAT MARG,
ELPHINSTONE ROAD,
MUMBAI-400013
REPRESENTED BY ITS
AUTHORISED SIGNATORY
...RESPONDENT
(NOTICE TO RESPONDENT SERVED AND UNREPRESENTED)
THIS RSA FILED UNDER SECTION 100 OF CPC 1908
AGAINST THE JUDGMENT AND DECREE DATED 21.04.2022
PASSED IN RA.NO.9/2018 ON THE FILE OF THE II ADDITIONAL
DISTRICT AND SESSIONS JUDGE, SHIVAMOGGA, DISMISSING
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NC: 2024:KHC:8293
RSA No. 1106 of 2022
THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE
DATED 23.11.2017 PASSED IN OS No.165/2013 ON THE FILE
OF THE I ADDITIONAL SENIOR CIVIL JUDGE AND CJM,
SHIVAMOGGA.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
Memo dated 28.02.2024 is filed by the learned
counsel for the appellant which reads as under:
"The Appellant above named submits as
follows:-
1. The Appellant had preferred RA. No.
23/2023 against the judgment and decree
dated 23.11.2017 in O.S. No. 165/2023
passed by the I Addl. Senior Civil Judge and
CJM, Shimogga before the Prl. District and
Sessions Judge, Shivamogga against the
respondent herein. In the said appeal
compromise was entered into between the
same parties and the entire claim of the
parties has been settled. Copy of the order
dated 13.12.2023 passed in RA No. 23/2023
before the Prl. District and Sessions Judge,
Shivamogga is produced herewith. Hence in
view of the compromise between the parties
this appeal will not survive.
2. The Appellant had preferred this second
appeal against the judgment and decree
passed in RA. No. 9/2018 passed by the
II Addl. District and Sessions Judge,
Shivamogga against the judgment and decree
dated 23.11.2017 in O.S. No. 165/2023
NC: 2024:KHC:8293
passed by the I Addl. Senior Civil Judge and
CJM, Shimogga. In view of the matter is
compromised in another appeal filed by the
appellant vide Order dated 13.12.2023 passed
in RA No. 23/2023 before the Principal District
and Sessions Judge, Shivamogga this appeal
may be disposed of in the same terms.
Wherefore the appellant above-named
respectfully prays that this Hon'ble Court may
be pleased to withdraw the appeal as the
matter settled between the parties before the
First appellate court in RA No. 23/2023 before
the Prl. District and Sessions Judge,
Shivamogga and per the orders therein the
above appeal may be disposed of and direct
the Registry to refund 100% Court fee to the
appellant in the interest of justice."
2. The said memo is also accompanied by the
certified copy of the compromise decree dated 13.12.2023
drawn in R.A.No.23/2023 on the file of the Prl. District and
Sessions Judge at Shivamogga.
3. The same is taken on record.
4. In view of the above, the appellant is permitted
to withdraw the appeal as having been settled between
the parties. Accordingly, the appeal is dismissed as
withdrawn.
NC: 2024:KHC:8293
Registry to refund the permissible Court fees to the
appellant on proper identification.
In view of dismissal of the main matter, all pending
I.A's are accordingly disposed of.
Sd/-
JUDGE
NS
CT:TSM
