V E.N§ ENagg£go§vtda, XN THE HiGH COURT OF KARNATAKA AT BANGALORE DATED THIS THE 26"' DAY OF OCTOBER, 2010f-.s% BEFORE THE HON'BLE MR. JUSTICE) ANAND BYRAREDDST' REGULAR SECOND APPEAL RIO; E%2t333easo1:20oaV , BETWEEN: Sri. ]3.N. Goolaiah, S/o Doddananjegowda, Aged about years, f Residing at Bevinahaili village; O E SOsa1eHob1i, . ' T. Nara:;;TpuT 1 _ _-- ...Appe11ant (By Shri. '}Ek_R.. Vasudha.;Ad'vocate) ' S/O Dcdda na:.1j ego ayda, Ageilaboutd . __ years, Residing at.Be':vinaha11i Viliage, j Sosale Hobli; Narasipair Taluk -- 573 .124. ...Respondent
K. Sumathi, Advocate)
This Reguiar Second Appeal is flied under Section 100
ofCode of Civil Procedure, 1908, against the judgment and
A A .~ ‘decree dated 08.08.2008 passed in R.A.No.173/2001 on the
file of the Civil Judge (S1’.Dn) and JMFC, T. Narasipura,
dismissing the appeal and confirming the judgment and
decree dated 16.12.1997 passed in O.S.No.33l/1994 onthe
file of the Civil iudge (Jr.Dn), T. N arasipura.
This Regular Second Appeal coming on .
this day, the court delivered the following:
,IUI)GMENT:i
The parties and their couiisel are.Vpresen.t”‘before the ‘A
court and have filed a joint Memo to,’ state that ‘settlement
has been arrived at between them. memo reads as
follows:
i«:ettl_€’ment arrived at
b¢tW¢§Ii”sthe had paid a sum of
1i;.00,O()tl/4i’ii’ti” in cash to the respondent
inii1ieu’–ofi “granted by the courts below.
Respondent tac’l»_:no*.2_vlediiges the receipt of the said
~~i,amo’unt. ‘l’lris,V___amount has been received by the
A fI:.§ipiI)11d4eI1.[ in full and final settlement of the suit
yvregard.-i’ng his % share. In view of the receipt of
ii ItheV.saidB,a’rhount, the decree passed by the two courts
‘bellow is fully satisfied. The respondent concedes
A’ ‘ he has no right in respect of the suit schedule land
view of this settlement. The respondent hereby
undertakes to withdraw the F.D.P.1/2009 initiated by
him which is pending on the file of the learned Civil
Judge (Jr.Dn.), T.Narasipur.
2. In View of what is stated above, it is mostb
respectfuliy prayed that the above appeai may
be disposed of as settled out of court by record.iii}g ”
joint memo in the interest ofjusticeeeoatid eq1_–i1’ty’.” =’–‘: . i’
The same is taken on record and the,.epjpeai so i
of in terms of the joint memo. –
IIV