Balappa S/O Syasappa Mahar vs Raju S/O Layawwa Singe
2024 Latest Caselaw 11764 Kant

Karnataka High Court

Balappa S/O Syasappa Mahar vs Raju S/O Layawwa Singe on 28 May, 2024

Author: Pradeep Singh Yerur

Bench: Pradeep Singh Yerur

                                                           -1-
                                                                 NC: 2024:KHC-D:7079
                                                                  RFA No. 100385 of 2023




                                   IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

                                         DATED THIS THE 28TH DAY OF MAY, 2024

                                                        BEFORE

                                     THE HON'BLE MR JUSTICE PRADEEP SINGH YERUR

                                       REGULAR FIRST APPEAL NO.100385 OF 2023

                              BETWEEN:

                              1.   BALAPPA S/O. SYASAPPA MAHAR,
                                   AGE: 30 YEARS, OCC: AGRICULTURE,
                                   R/O: NAGANUR-587301,
                                   TQ: JAMKHANDI, DIST: BAGALKOT.

                              2.   PARASAPPA S/O. SYASAPPA MAHAR,
                                   AGE: 32 YEARS, OCC: AGRICULTURE,
                                   R/O: NAGANUR-587301,
                                   TQ: JAMKHANDI,DIST: BAGALKOT.
                                                                                ... APPELLANTS
                                     (BY SRI PRASHANT S. KADADEVAR, ADVOCATE)

                              AND:

                              RAJU M/O. LAYAWWA SINGE,
                              AGE: 40 YEARS, OCC: AGRICULTURE,
                              R/O: NAGANUR-587301,
           Digitally signed
           by
                              TQ: JAMKHANDI, DIST: BAGALKOT.
           MOHANKUMAR
           B SHELAR
           Location: HIGH
MOHANKUMAR COURT OF
                                                                            ... RESPONDENT
B SHELAR   KARNATAKA
           DHARWAD
           BENCH
           Date:
           2024.05.31
           15:01:45 +0530            THIS REGULAR FIRST APPEAL IS FILED UNDER ORDER 41
                              RULE(1) READ WITH SECTION 96 OF CODE OF CIVIL PROCEDURE,
                              1908, PRAYING TO SET ASIDE THE JUDGMENT AND DECREE DATED
                              15.10.2022 PASSED IN O.S.NO.116/2020 ON THE FILE OF THE
                              ADDITIONAL SENIOR CIVIL JUDGE, JAMKHANDI, DECREEING THE
                              SUIT FILED FOR SPECIFIC PERFORMANCE OF CONTRACT AND ETC.


                                     THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE
                              COURT DELIVERED THE FOLLOWING:
                               -2-
                                     NC: 2024:KHC-D:7079
                                      RFA No. 100385 of 2023




                             ORDER

Learned Counsel for the appellants files a memo today

in the open court along with a copy of Joint Memo, which is

filed in Execution Petition No.31/2023 before the Principal

Senior Civil Judge, Jamakhandi at Jamkandi and the entire

order sheet of the said execution petition pending between

the parties.

2. The copy of Joint Memo produced by the appellants

depicts that there is a compromise entered into between the

parties, that is the appellants herein and the respondents.

Therefore, execution petition has been closed as fully

satisfied. In view of the same, learned counsel has filed a

memo seeking permission to withdraw this appeal. Placing

the memo and submission of counsel on record, this appeal

is dismissed as withdrawn.

3. Appellants are entitled to refund of entire court fee

of Rs.87,125/- in view of withdrawal of this appeal.

4. Registry is directed to refund the entire Court fee

amount of Rs.87,125/- to the appellants upon proper

verification. The same shall be transferred electronically on

NC: 2024:KHC-D:7079

production of the bank details by the appellants. The

appellants shall furnish the bank details, including IFSC code

and other details so as to enable the electronic transfer of

refunding of Court fee.

Sd/-

JUDGE

CKK CT:BCK