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2026 DAILYLAW 48643 (KAR)

SRI K S NAGARAJA v. SRI D RAJAGOPAL

RSA/1623/2017 · 2026-01-20

Ashok S Kinagi

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:3162 RSA No. 1623 of 2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE ASHOK S.KINAGI REGULAR SECOND APPEAL NO. 1623 OF 2017 (SP) BETWEEN: SRI K S NAGARAJA S/O K.H.SUBBARAYAPPA, AGED 64 YEARS, R/O TUBUGERE, DODDABALLAPURA TALUK, DODDABALLAPURA-561 203. …APPELLANT (BY SRI. SUNIL T RAO., ADV. FOR SRI. T.SESHAGIRI RAO, ADV.) AND: SRI D RAJAGOPAL S/O DASAPPA, AGED ABOUT 56 YEARS, Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:3162 RSA No. 1623 of 2017 R/O DOOR NO.617, KODIMUTT ROAD, ROJIPURA, 4TH WARD, DODDABALAPUR-561 205. …RESPONDENT (BY SRI. B.V.GANGIREDDY, ADV.) RSA FILED UNDER SEC.100 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 26.04.2017 PASSED IN RA NO.10028/2015 ON THE FILE OF THE IV ADDLITIONAL DISTRICT AND SESSIONS JUDGE AT DODDABALLAPURA, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 26.10.2015 PASSED IN OS NO.74/2006 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC., AT DODDABALLAPUR, AND ETC., THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: *** - 3 - HC-KAR NC: 2026:KHC:3162 RSA No. 1623 of 2017 CORAM: HON'BLE MR. JUSTICE ASHOK S.KINAGI ORAL JUDGMENT The appellant and the respondent are present before the Court, and they are identified by their respective counsel. 2. The appellant and the respondent have filed a joint memo, which reads as follows: “The appellant and the respondent have jointly agreed that the appellant shall withdraw the current appeal and the suit claim under the agreement 17.10.2005 and the respondent shall pay a sum of Rs.2,50,000/- (Rupees Two Lakhs and Fifty Thousand only). The said money shall be paid within a period of 7 days and in absence, the understanding between the parties shall be executed before the Courts of law. That accordingly the appeal be disposed off.” - 4 - HC-KAR NC: 2026:KHC:3162 RSA No. 1623 of 2017 3. The contents of the joint memo are read over, and explained to the parties in Kannada language known to them. They have accepted the terms and conditions of the joint memo, and accordingly, prays to dispose of the instant appeal in terms of the joint memo. 4. The joint memo is taken on record. 5. Perused the joint memo, and I am satisfied that the terms and conditions of the joint memo are lawful. 6. In the circumstances, I do not find any legal impediment to accept the joint memo entered into between the parties, and to dispose of this appeal. 7. Accordingly, I proceed to pass the following: ORDER (i) This Regular Second Appeal is disposed of in terms of the joint memo. - 5 - HC-KAR NC: 2026:KHC:3162 RSA No. 1623 of 2017 (ii) In view of the disposal of the appeal, pending interlocutory applications, if any, shall stand disposed of. Sd/- (ASHOK S.KINAGI) JUDGE SSB