Karnataka High Court
Smt Bindhya R Kumar vs C R Channabasappa on 28 June, 2024
Author: Ravi V Hosmani
Bench: Ravi V Hosmani
-1-
NC: 2024:KHC:24260
RFA No. 1070 of 2014
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 28TH DAY OF JUNE, 2024
BEFORE
THE HON'BLE MR JUSTICE RAVI V HOSMANI
REGULAR FIRST APPEAL NO.1070 OF 2014 (DEC/INJ)
BETWEEN:
SMT. BINDHYA R. KUMAR,
W/O SRI AELDRED D'COSTA,
AGED ABOUT 40 YEARS,
R/O NO.19, 8TH MAIN ROAD,
CENTRAL EXCISE LAYOUT,
VIJAYANAGAR, BANGALORE - 40.
...APPELLANT
(BY SRI RAGHUNANDANA M.S., ADVOCATE)
AND:
SRI C.R. CHANNABASAPPA,
S/O C. RAJAPPA SHETTY,
AGED ABOUT 55 YEARS,
R/O NO.34, 1ST CROSS,
NAGARABHAVI 2ND STAGE,
BANGALORE - 560 072.
...RESPONDENT
(BY SRI JAVEED S., ADVOCATE)
THIS RFA IS FILED U/SEC.96 OF CPC., AGAINST THE ORDER
DATED 15.0.2014 PASSED IN O.S.NO.25882/2013 ON THE FILE OF
Digitally signed by
GEETHAKUMARI THE XXVIII ADDL. CITY CIVIL JUDGE, MAYO HALL, BANGALORE,
PARLATTAYA S ALLOWING THE APPLICATION U/O-7, RULE-11(d) OF CPC.
Location: High
Court of Karnataka THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
JUDGMENT
This appeal was disposed of on 17.01.2017 by setting
aside judgment and decree passed by trial Court and
remanding matter back for fresh disposal. This Court had also
directed refund Court Fee, if permissible. It was submitted that
NC: 2024:KHC:24260
after remand, trial Court records were not traceable and there
was no progress in suit. In meanwhile, parties have settled
matter outside Court. For recording of compromise and since
trial Court records are not traceable, application is filed for
recalling order dated 17.01.2017.
2. Application is not opposed.
3. Being satisfied with reasons stated, application is
allowed.
4. A joint affidavit dated 28.06.2024 is filed by
appellant as well as respondent, which read as under:
1. "It is submitted that, the Appellant had filed the
suit against the Appellant in O.S.no.25882/2013,
on the file of XXXVIII Addl. City Civil Judge, at
Mayohall, Bengaluru for seeking cancellation of
sale deed dated 08.08.2008 executed by the
Appellant in favour of the Respondent. After the
service of notice the Respondent had filed the
Written Statement along with IA under Order 7
Rule 11 of CPC before the Trial Court.
2. The Hon'ble Trial Court without considering the
merits of the case of the Appellant, the plaint in
O.S.no.25882/2013 has rejected vide order
dated 15.04.2014. Further the Appellant filed the
instant Appeal challenging the order of the trial
Court. After hearing of the matter that this
Hon'ble Court was pleased to allowed the matter
and remitted back to the trial Court for fresh
consideration vide order dated 17.01.2017.
3. After obtaining the certified copy of the order
dated 17.01.2017 passed by this Hon'ble Court in
the instant appeal, the Appellant was approached
NC: 2024:KHC:24260
the Hon'ble Trial Court. Before the trial Court the
records in O.S.no.25882/2013 is not found
before the trial Court. After that the counsel for
the Appellant before the trial Court is requested
to the Registry as well as Registrar before the
trial Court. After making the several request the
records of the said file is not found.
4. Further the Appellant was filed an I.A.no.1/2023
in the instant appeal, under Section 151 of CPC
for direction to the trial Court for tracing of the
missing records in O.S.no.25882/2013. Further,
during the pendency of the instant
I.A.no.1/2023, the matter has been amicably
settled between the parties.
5. The Appellant is humbly prays that this Hon'ble
Court was pleased to the said joint affidavit may
kindly be pleased to taken on record. That this
Hon'ble Court may kindly be pleased to direct the
Trial Court was pleased to refund the Court fees
paid the Appellant before trial Court on
O.S.no.25882/2013."
5. Learned counsel for parties submitted that there is
settlement insofar as subject matter of suit/appeal and further,
appellant stated that she does not want to pursue same.
6. Parties are present and are identified by their
respective counsel.
7. On interaction, they have stated that terms of joint
affidavit have been explained to them and after understanding
same, they have affirmed same out of their free will and
volition without there being any threat, coercion or undue
influence from anybody.
NC: 2024:KHC:24260
8. In view of above, appeal is disposed of in terms of
compromise/joint affidavit. Trial Court to examine and refund
admissible Court Fee.
Sd/-
JUDGE
GRD
