Udaya Kumar Shetty vs Imthiyaz
2024 Latest Caselaw 22366 Kant

Karnataka High Court

Udaya Kumar Shetty vs Imthiyaz on 3 September, 2024

Author: V Srishananda

Bench: V Srishananda

                                           -1-
                                                    NC: 2024:KHC:35875
                                                  RFA No. 1004 of 2019




                 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                   DATED THIS THE 3RD DAY OF SEPTEMBER, 2024

                                      BEFORE
                    THE HON'BLE MR JUSTICE V SRISHANANDA
                  REGULAR FIRST APPEAL NO. 1004 OF 2019 (SP)
            BETWEEN:

            UDAYA KUMAR SHETTY,
            S/O LATE SHAMARAYA SHETTY,
            AGED ABOUT 51 YEARS,
            R/AT SHAMSUDHA, ALVARES ROAD,
            KADRI KAIBATTAL, MANGALORE-575 003.
                                                          ...APPELLANT
            (BY SRI.ABISHEK MARLA M. J, ADVOCATE)

            AND:

            1.    IMTHIYAZ,
                  S/O B. M. HUSSAIN,
                  AGED ABOUT 51 YEARS,
                  R/AT D.NO.7/82, SITE NO.142,
Digitally         7TH BLOCK, KRISHNAPURA,
signed by         SURATHKAL, MANGALORE-575 011.
MALATESH
KC
Location:   2.    YASMINE @ YASMINE IMTHIYAZ,
HIGH              W/O IMTHIYAZ @ IMTHIYAZ B @ MOIDEEN
COURT OF          IMTHIYAZ HUSSAIN,
KARNATAKA
                  AGED ABOUT 31 YEARS
                  R/AT FLAT NO.404, 4TH FLOOR,
                  PRESIDENCY ENCLAVE, SAFFIR BLOCK
                  BENDORWELL, MANGALORE-575 002.

            3.    ANJUN MOREAS,
                  S/O LATE V. H. MOREAS,
                             -2-
                                         NC: 2024:KHC:35875
                                      RFA No. 1004 of 2019




    AGED ABOUT 52 YEARS,
    R/AT SONAR, D.NO.1-S-22-1771/4,
    NEAR MODERN RICE MILL, LONG LANE,
    HOIGEBAIL, BOLOOR, MANGALORE-575 006.
                                       ...RESPONDENTS
(BY SRI.S.N.BHAT, ADVOCATE FOR R1 AND R2;
    SRI.CYRIAL PRASAD, ADVOCATE FOR R3)

     THIS RFA IS FILED UNDER ORDER XLI RULE 1 R/W
SEC.96 OF CPC., AGAINST THE JUDGMENT AND DECREE
DATED 16.01.2019 PASSED IN OS.NO.22/2014 ON THE FILE
OF THE II ADDITIONAL SENIOR CIVIL JUDGE AND CJM.,
MANGALURU,    DISMISSING  THE   SUIT   FOR  SPECIFIC
PERFORMANCE.

    THIS APPEAL, COMING ON FOR ORDERS, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM:    HON'BLE MR JUSTICE V SRISHANANDA


                       ORAL ORDER

Appellant and respondents are present before the

Court.

2. A joint memo is filed by the parties, signed by

both the parties and their respective Advocates.

3. As per the joint memo, it is reported that the

dispute involved in the present appeal is amicably settled

at the intervention of the well wishers of both the parties.

NC: 2024:KHC:35875

Therefore, they submit that the appeal can be disposed of

in terms of the joint memo.

4. On enquiry, satisfied with the submission made

on behalf of the parties that the settlement is voluntary

and without undue influence or coercion.

5. Hence, the following:

ORDER

i. Appeal stands disposed of in terms of the joint

memo.

ii. Office is directed to pass a modified decree in

terms of the joint memo appending the copy of

the joint memo as part of the decree.

iii. Permissible refund of Court fee is allowed.

Sd/-

(V SRISHANANDA) JUDGE KAV