Karnataka High Court
C Raju S/O Chinnaiah Gounder vs Doddamani Raghavendra Setty S/O ... on 18 August, 2025
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NC: 2025:KHC-D:10370
RSA No. 100591 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 18TH DAY OF AUGUST, 2025
BEFORE
THE HON'BLE MR. JUSTICE G BASAVARAJA
REGULAR SECOND APPEAL NO. 100591 OF 2025
BETWEEN:
C. RAJU S/O. CHINNAIAH GOUNDER
AGE: 90 YEARS, OCC. NIL,
R/O: DOOR NO.519,
AND ASSESSMENT NO.582, 7TH WARD,
PATEL NAGAR, BEEDI OWNER,
VENKATESHWARA KALYAN MANTAPA
HOSAPETE CITY, TQ. HOSPET, DIST. BALLARI,
VIJAYANAGAR-583201
...APPELLANT
(BY SMT.VIDYAVATI M. KOTTUR SHETTAR, ADVOCATE.)
AND:
1. DODDAMANI RAGHAVENDRA SETTY
S/O. DOODDAMANI GOPALAKRISHNA SETTY
Digitally signed by
AGE: 58 YEARS, OCC: BUSINESS.
MALLIKARJUN
RUDRAYYA KALMATH
Location: HIGH
COURT OF
KARNATAKA
2. DODDAMANI GURUDATTA SETTY
DHARWAD BENCH
Date: 2025.08.20
10:42:53 +0530
S/O DODDAMANI GOPALAKRISHNA SETTY
AGE: 52 YEARS, OCC: BUSINESS
BOTH ARE R/O: 4TH WARD, SHIVA NILAYA,
UPSTAIRS, 1ST CROSS, PATEL NAGAR,
HOSAPETE CITY,
TQ. HOSPET, DIST. BALLARY
VIJAYANAGAR 583201.
...RESPONDENTS
(BY SRI SATISH M.S., ADVOCATE.)
THIS REGULAR SECOND APPEAL IS FILED UNDER SECTION
100 OF THE CIVIL PROCEDURE CODE, 1908, PRAYING TO SET ASIDE
THE JUDGMENT AND DECREE DATED 29.04.2025, PASSED BY THE
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NC: 2025:KHC-D:10370
RSA No. 100591 of 2025
HC-KAR
COURT OF THE PRINCIPAL SENIOR CIVIL JUDGE AND JMFC,
HOSAPETE, IN R.A.NO.28/2022, IN THE INTEREST OF JUSTICE AND
EQUITY AND CONSEQUENTLY, DISMISS THE SUIT OF THE PLAINTIFF
IN O.S.NO.213/2015, BY SETTING ASIDE THE JUDGMENT AND
DECREE DATED 20.09.2022, PASSED BY THE ADDITIONAL CIVIL
JUDGE AND JMFC, HOSAPETE AND ETC.,.
THIS APPEAL COMING ON FOR ORDERS THIS DAY, JUDGMENT
IS DELIVERED THEREIN AS UNDER:
ORAL JUDGMENT
(PER: THE HON'BLE MR. JUSTICE G BASAVARAJA)
The case is called out. Both the parties along with
their respective counsel are present before the Court. The
memorandum of agreement under section 89 of the Code
of Civil Procedure read with Rules 24 and 25 of the
Karnataka Civil Procedure (Mediation) Rules, 2007, is
received from the Mediation Centre, High Court of
Karnataka, Dharwad Bench, Dharwad.
2. The contents of this memorandum of
agreement are read over and explained to the parties.
Both the parties have accepted the terms of mediation
voluntarily. Hence, the same is found lawful and accepted.
3. The memorandum of agreement under section
89 of the Code of Civil Procedure read with Rules 24 and
NC: 2025:KHC-D:10370
HC-KAR
25 of the Karnataka Civil Procedure (Mediation) Rules,
2007, is allowed and accepted.
4. The appellant/tenant shall vacate the schedule
property within 11 months from the date of this order i.e.,
17.07.2026.
5. This appeal is disposed of in terms of the
memorandum of agreement.
6. Registry is directed to refund the Court fee paid
by the appellant, in favour of the respondent, as agreed by
the appellant.
7. Draw decree accordingly. The memorandum of
agreement shall be part and parcel of this decree.
8. Pending interlocutory applications, if any, stand
disposed of as they do not survive for consideration.
Sd/-
(G BASAVARAJA)
JUDGE
MRK
CT-CMU
