Rathnamma vs Ms Swastik Arecanuts
2024 Latest Caselaw 27840 Kant

Karnataka High Court

Rathnamma vs Ms Swastik Arecanuts on 20 November, 2024

Author: K.Natarajan

Bench: K.Natarajan

                                                   -1-
                                                              NC: 2024:KHC:47086
                                                          RFA No. 1748 of 2021




                           IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                            DATED THIS THE 20TH DAY OF NOVEMBER, 2024

                                              BEFORE
                               THE HON'BLE MR JUSTICE K.NATARAJAN
                           REGULAR FIRST APPEAL NO. 1748 OF 2021 (MON-)
                      BETWEEN:

                      1.    RATHNAMMA
                            W/O LATE SHIVMURTHY,
                            AGED ABOUT 59 YEARS,

                      2.    G. S. BASAVARAJ
                            S/O LATE SHIVMURTHY,
                            AGED ABOUT 31 YEARS,
                            APPELLANTS 1 AND 2 ARE
                            RESIDENTS OF BULLAPURA VILLAGE AND POST
                            SHIVAMOGGA TALUK - 577 201
                            SHIVAMOGGA DISTRICT.

                      3.    SOUMYA W/O RAJU
                            AGED ABOUT 29 YEARS,
                            R/O CHINMANE, MANDAGHATTA POST,
                            SHIVAMOGGA TALUK - 577 201.
                            SHIVAMOGGA DISTRICT.
Digitally signed by                                                ...APPELLANTS
VEDAVATHI A K
Location: High        (BY SRI. P. N. HARISH,ADVOCATE)
Court of
Karnataka             AND:
                          M/S. SWASTIK ARECANUTS
                          REGISTERED FIRM,
                          BY ITS MANAGING PARTNERS,
                          ARUN KUMAR S/O MANJAPPA GOWDA,
                          AGED ABOUT 42 YEARS, R/O O -6, APMC YARD,
                          SHIVAMOGGA - 577 201.
                                                                ...RESPONDENT
                      (BY SRI. A. S. GIRISH, ADVOCATE)
                            THIS RFA IS FILED UNDER SECTION 96 OF CPC AGAINST
                      THE JUDGMENT AND DECREE DATED 26.11.2020 PASSED IN
                      OS.No.137/2018 ON THE FILE OF THE I ADDITIONAL SENIOR
                      CIVIL JUDGE AND CJM, SHIVAMOGGA, PARTLY DECREEING THE
                      SUIT FOR RECOVERY OF MONEY.
                                  -2-
                                              NC: 2024:KHC:47086
                                            RFA No. 1748 of 2021




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

CORAM:      HON'BLE MR JUSTICE K.NATARAJAN

                           ORAL JUDGMENT

Learned counsel for the appellants filed memo for

withdrawing the appeal and submits the matter has been

settled between the parties in the Ex.No.151/2021 before the

I Addl. Sr. Civil Judge and CJM, Shivamogga.

The said submission is placed on record.

The appeal is dismissed as withdrawn

Appellant is entitled for the refund of the court fee as per

the law. Appellant no.1 is authorized to receive the refund of

the court fee

In view of dismissal of main petition, I.A.No.1/2022 does

not survive for consideration.

Accordingly, I.A.No.1/2022 is disposed of.

Sd/-

(K.NATARAJAN) JUDGE AKV_List No.:1 Sl No.:28 CT:SK