Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:34487 RFA No. 1745 of 2020
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR REGULAR FIRST APPEAL NO. 1745 OF 2020 (SP) BETWEEN:
SRI. M.V. SHIVAKUMAR, S/O VENKATESHA AGED ABOUT 34 YEARS, R/AT 1ST CROSS, BEHIND KALIKAMBA TEMPLE NALABANDAVADI MANDYA CITY – 571 401 …APPELLANT (BY SRI. K.L. SREENIVAS, ADVOCATE) AND:
1.
SMT VEENA, W/O LATE RAMESHA, AGED ABOUT 43 YEARS,
2.
SRI SAGAR S/O LATE RAMESHA AGED ABOUT 28 YEARS
BOTH ARE R/AT CHINDAGIRIDODDI VILLAGE, KASABA HOBLI MANDYA TALUK AND DISTRICT-571401
AMENDMENT CARRIED OUT IN COMPLIANCE OF THE HON’BLE COURT ORDER ON 08.07.2022
…RESPONDENTS (R1- SD, R2- SD)
Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2026:KHC:34487 RFA No. 1745 of 2020
THIS RFA IS FILED UNDER SEC.96 OF CPC., 1908 AGAINST THE JUDGMENT AND DECREE DATED 10.09.2020 PASSED IN OS NO.94/2017 ON THE FILE OF THE I ADDL.SENIOR CIVIL JUDGE AND CJM., MANDYA DISMISSING THE SUIT FOR SPECIFIC PERFORMANCE.
THIS RFA, COMING ON FOR ORDERS, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM:
HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
ORAL JUDGMENT
1.
Learned counsel for appellant files a memo seeking permission to withdraw the appeal. In the memo it is stated that the matter is settled between the parties outside the Court. The memo reads thus:
“The appellant most humbly submits as follows: The appellant and the respondents have settled the dispute between them with respect to the subject matter of this appeal outside the Court, and as such, the appellant respectfully prays this Hon’ble Court be kindly pleased to permit him to withdraw the appeal, and order to refund the court fee paid in this appeal; as provided under Section 66 of the Karnataka Court Fees & Suits
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HC-KAR NC: 2026:KHC:34487 RFA No. 1745 of 2020
Valuation Act, in the interest of justice and equity.”
2. In view of the memo, appeal is dismissed as settled out of Court. Appellant is entitled to refund of admissible Court Fee as per Section 66 of the Karnataka Court Fees and Suits Valuation Act.
3. Registry is directed to refund 75% of the Court Fee paid to the appellant.
Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE
LRS List No.: 2 Sl No.: 8