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2025 DAILYLAW 28521 (KAR)

SRI. V. HARIDAS BHAT v. M/S. RAGHAVENDRA DEVELOPERS

RFA/1441/2017 · 2025-06-30

Anu Sivaraman, K Manmadha Rao

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Judgment text

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- 1 - HC-KAR NC: 2025:KHC:23094-DB RFA No. 1441 of 2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JUNE, 2025 PRESENT THE HON'BLE MRS. JUSTICE ANU SIVARAMAN AND THE HON'BLE DR. JUSTICE K.MANMADHA RAO REGULAR FIRST APPEAL NO. 1441 OF 2017 (SP) BETWEEN: SRI. V. HARIDAS BHAT S/O. SRI. K.V.BHAT, AGED ABOUT 50 YEARS, PRESENTLY RESIDING AT NO.38, 1ST FLOOR, 2ND MAIN, MAHALAKSHMI LAYOUT, BENGALURU – 560 086. R/AT NO.97, GROUND FLOOR, 10TH D CROSS, MAHALAKSHMIPURAM, WEST OF CHORD ROAD, BENGALURU - 560 086. …APPELLANT (BY SRI. MANJUNATH PRASAD H.N., ADVOCATE) AND: 1. M/S. RAGHAVENDRA DEVELOPERS HAVING ITS OFFICE AT NO.30/1, BEHIND SRINIVASA KALYANA MANTAPPA, MATHIKERE, BENGALURU - 560 054. REPRESENTED BY ITS MANAGING PARTNER, SRI. SAMAMALLA REDDY, S/O. RAGHAVA REDDY, Digitally signed by PAVITHRA B Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:23094-DB RFA No. 1441 of 2017 AGED ABOUT 46 YEARS, RANGAMMA W/O. LATE CHIKKAGANGAIAH, AGED ABOUT 68 YEARS, SINCE DEAD BY HER LRS 2. SMT. PUTTAMMA, D/O LATE CHIKKAGANGAIAH, AGED ABOUT 54 YEARS, 3. SRI. RAMESH S/O. LATE CHIKKAGANGAIAH, AGED ABOUT 51 YEARS, RESPONDENTS NO.2 AND 3 ARE R/AT NO.205, 2ND CROSS, MARIYAPPANAPALYA, MASEEDI BLOCK, SREERAMPURAM, BENGALURU - 560 021. 4. SMT. P. R. VIJAYA W/O. SRI. V. H. BHAT, AGED ABOUT 45 YEARS, PRESENTLY RESIDING AT NO.38, 1ST FLOOR, 2ND MAIN, MAHALAKSHMI LAYOUT, BENGALURU – 560 086 R/AT NO.97, GROUND FLOOR, 10TH D CROSS, MAHALAKSHMIPURAM, WEST OF CHORD ROAD, BENGALURU-560 086. 5. SRI. P. R. VENKATESH (DEAD) S/O. P. V. RAMAMURTHY BHAT, AGED ABOUT 49 YEARS, R/AT NO.76, 2ND CROSS, SHIRADI SAI RATHNA LAYOUT, - 3 - HC-KAR NC: 2025:KHC:23094-DB RFA No. 1441 of 2017 RACHENAHALLI VILLAGE, HEGDE NAGARA, BENGALURU -560 072 …RESPONDENTS (BY SRI. P.S. MALIPATIL, ADVOCATE FOR C/R1; V/O DATED 28.08.2024 IMPLEADMENT OF LRS OF DECEASED R-5 IS DISPENSED WITH) THIS RFA IS FILED UNDER SECTION 100 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 20.04.2017 PASSED IN O.S.NO.3957/2012 ON THE FILE OF THE V ADDITIONAL CITY CIVIL JUDGE, BANGALORE, DECREEING THE SUIT FOR SPECIFIC PERFORMANCE OF CONTRACT. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN AND HON'BLE DR.. JUSTICE K.MANMADHA RAO ORAL JUDGMENT (PER: HON'BLE MRS. JUSTICE ANU SIVARAMAN) Learned counsel for the appellant submits that the matter has been settled in Mediation and the memorandum of settlement has also been entered into between the parties. 2. It is submitted that the regular first appeal is, to be withdrawn as part of the settlement. - 4 - HC-KAR NC: 2025:KHC:23094-DB RFA No. 1441 of 2017 3. Hence, the appellant is permitted to withdraw the appeal as part of settlement arrived at Mediation. 4. The registry shall refund the court fee to the appellant on proper identification. SD/- (ANU SIVARAMAN) JUDGE SD/- (DR.K.MANMADHA RAO) JUDGE PB List No.: 1 Sl No.: 43