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2025 DAILYLAW 72673 (KAR)

SRI H M RAMACHANDRA v. SRI H R BALAKRISHNA

RSA/860/2013 · 2025-11-05

Ashok S Kinagi

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:44937 RSA No. 860 of 2013 C/W RSA No. 1125 of 2013 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE ASHOK S.KINAGI REGULAR SECOND APPEAL NO. 860 OF 2013 (DEC/INJ) C/W REGULAR SECOND APPEAL NO. 1125 OF 2013 IN RSA No. 860/2013 BETWEEN: SRI H M RAMACHANDRA AGED ABOUT 62 YEARS, S/O LATE MALLEGOWDA, CHINNIGA VILLAGE, MUDIGERE TALUK, CHIKMAGALUR DIST. - 577 101 …APPELLANT (BY SRI. H N M PRASAD, ADVOCATE) AND: SRI H R BALAKRISHNA AGED ABOUT 55 YEARS, S/O RAJE GOWDA, CHINNIGA VILLAGE, JANNAPURA POST, MUDIGERE TALUK, CHIKMAGALUR DIST. - 577 101 …RESPONDENT (BY SRI. R GOPAL, ADVOCATE) THIS RSA IS FILED U/S. 100 OF CPC AGAINST THE JUDGEMENT & DECREE DTD 28.2.2013 PASSED IN Digitally signed by SUNITHA K S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:44937 RSA No. 860 of 2013 C/W RSA No. 1125 of 2013 R.A.NO.196/2010 ON THE FILE OF PRESIDING OFFICER, FAST TRACK COURT, CHIKMAGALUR, DISMISSING THE APPEAL AND CONFIRMING THE JUDGEMENT AND DECREE DTD 12.7.2010 PASSED IN OS.NO.12/2004 ON THE FILE OF ADDITIONAL SENIOR CIVIL JUDGE, CHIKMAGALUR. IN RSA NO. 1125/2013 BETWEEN: SRI H M RAMACHANDRA S/O LATE MALLEGOWDA, AGED ABOUT 62 YEARS, CHINNIGA VILLAGE, MUDIGERE TALUK, CHIKMAGALUR DIST. - 577 104 ...APPELLANT (BY SRI. H N M PRASAD, ADVOCATE) AND: SRI H R BALAKRISHNA S/O RAJE GOWDA, AGED ABOUT 55 YEARS, CHINNIGA VILLAGE, JANNAPURA POST, MUDIGERE TALUK, CHIKMAGALUR DIST. - 577 101 ...RESPONDENT (BY SRI. R GOPAL., ADVOCATE) THIS RSA IS FILED U/S. 100 OF CPC AGAINST THE JUDGEMENT & DECREE DTD 28.2.2013 PASSED IN R.A.NO.262/2010 ON THE FILE OF PRESIDING OFFICER, FAST TRACK COURT, CHIKMAGALUR, DISMISSING THE APPEAL AND CONFIRMING THE JUDGEMENT AND DECREE DTD 12.7.2010 PASSED IN OS.NO.258/2001 ON THE FILE OF ADDITIONAL SENIOR CIVIL JUDGE, CHIKMAGALUR. - 3 - HC-KAR NC: 2025:KHC:44937 RSA No. 860 of 2013 C/W RSA No. 1125 of 2013 THESE APPEALS, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE ASHOK S.KINAGI ORAL JUDGMENT 1. The learned counsel for the appellant filed a Memo dated 05.11.2025 stating that the appellant has filed Regular Second Appeal No.860 of 2013 challenging the judgment and decree dated 12.07.2010 passed in O.S. No.12 of 2004 and O.S. No.258 of 2001 and also R.A. No.196 of 2010 insofar as it relates to dismissing the suit of the appellant in respect of suit Schedule "B" property only and it is also stated that the appellant will not claim an inch of land in Survey No.19/2B. 2. In light of the amicable settlement between the parties, the appellant may be permitted to withdraw the appeals insofar as it relates to the suit schedule 'B' property covered under the judgment passed in O.S. No.12 of 2004. - 4 - HC-KAR NC: 2025:KHC:44937 RSA No. 860 of 2013 C/W RSA No. 1125 of 2013 3. The learned counsel for the respondent submits that the respondent will pay a sum of ₹3,00,000/- to the appellant by 10.11.2025 towards the full and final settlement and the appellant should not claim any right, or, interfere regarding the property bearing Survey No.19/2B. 4. The Memo is taken on record. 5. In view of the Memo, that there is an amicable settlement between the parties, these Regular Second Appeals are dismissed as withdrawn. 6. It is made clear that in case if the respondent fails to pay the amount of ₹3,00,000/- by 10.11.2025, the appellant is at liberty to get this order revived. Sd/- (ASHOK S.KINAGI) JUDGE RK CT:KHV List No.: 2 Sl No.: 3