Vikram vs Satish And Anr
2024 Latest Caselaw 27374 Kant

Karnataka High Court

Vikram vs Satish And Anr on 14 November, 2024

Author: R.Devdas

Bench: R.Devdas

                                             -1-
                                                      NC: 2024:KHC-K:8447-DB
                                                    RFA No. 200043 of 2022




                             IN THE HIGH COURT OF KARNATAKA

                                    KALABURAGI BENCH

                        DATED THIS THE 14TH DAY OF NOVEMBER, 2024

                                         PRESENT
                             THE HON'BLE MR JUSTICE R.DEVDAS
                                            AND
                          THE HON'BLE MR JUSTICE G BASAVARAJA


                    REGULAR FIRST APPEAL NO. 200043 OF 2022 (SP)
                   BETWEEN:
                   VIKRAM S/O RUKAMANGAD KULKARNI,
                   AGE: 41 YEARS, OCC: AGRICULTURE,
                   R/O SINDAGI, DIST. VIJAYAPURA.
                                                                 ...APPELLANT

                   (BY SRI.GANESH S. KALBURGI, ADVOCATE)

                   AND:
                   1.    SATISH S/O NANAGOUDA PATIL
Digitally signed         AGE: 45 YEARS, OCC: AGRICULTURE,
by RAMESH                R/O GOLAGERI, TQ. SINDAGI,
MATHAPATI
Location: HIGH           DIST. VIJAYAPUR.
COURT OF           2.    NITISH S/O SATISH PATIL
KARNATAKA
                         AGE: 16 YEARS, OCC:STUDENT,
                         SINCE MINOR REPRESENTED
                         BY HIS GUARDIAN AND NATURAL MOTHER,
                         KALPANA W/O SATISH PATIL,
                         AGE: 41 YEARS, OCC: H.H.WORK,
                         R/O GOLAGERI, TQ.SINDAGI,
                         DIST.VIJAYAPUR.
                                                           ...RESPONDENTS
                   (BY SRI.BASAVARAJ M. POLICEPATIL, ADVOCATE)
                                   -2-
                                            NC: 2024:KHC-K:8447-DB
                                            RFA No. 200043 of 2022




     THIS RFA IS FILED U/S 96 OF CPC, AGAINST THE
JUDGMENT AND DECREE DATED 14.09.2021 PASSED IN
O.S.NO. 26/2019 ON THE FILE OF SENIOR CIVIL JUDGE AND
JMFC AT SINDAGI WHEREIN, THE SUIT WAS PARTLY DECREED.

     THIS APPEAL, COMING ON FOR FINAL HEARING, THIS
DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:



CORAM: HON'BLE MR JUSTICE R.DEVDAS
       AND
       HON'BLE MR JUSTICE G BASAVARAJA


                         ORAL JUDGMENT

(PER: HON'BLE MR JUSTICE R.DEVDAS)

The appellant has filed an application in

IA.No.1/2024 under Order 23 Rule 1 CPC, seeking leave of

this Court to permit the appellant herein to withdraw the

present appeal and consequently dismiss the suit filed by

the appellant herein as withdrawn in O.S.No.26/2019 on

the file of the Senior Civil Judge and JMFC, Sindagi.

2. Learned counsel submits that in the affidavit

filed along with the application, it is stated that the

respondents have refunded the entire earnest money of

Rs.40,00,000/- and therefore further prosecution of the

present appeal is not warranted. The parties have

NC: 2024:KHC-K:8447-DB

amicably settled the matter and therefore the appellant

has filed this application seeking leave of the Court to

withdraw the appeal as well as the suit.

3. Accordingly, this appeal is dismissed as

withdrawn and consequently the suit filed by the appellant

herein in O.S.No.26/2019 is also dismissed as withdrawn.

Office is directed to return the Court fee to the

appellant in accordance with law.

All other pending interlocutory applications are also

disposed of accordingly.

Sd/-

(R.DEVDAS) JUDGE

Sd/-

(G BASAVARAJA) JUDGE

MSR

CT: PS