M/S Indo Asian Academy vs Sri H Annaiah Reddy on 13 August, 2019

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Karnataka High Court

M/S Indo Asian Academy vs Sri H Annaiah Reddy on 13 August, 2019

Bench: B. V. Nagarathna

                            1




  IN THE HIGH COURT OF KARNATAKA AT BENGALURU

         DATED THIS THE 13TH DAY OF AUGUST, 2019

                         PRESENT

    THE HON'BLE MRS. JUSTICE B. V. NAGARATHNA

                           AND

  THE HON'BLE MR. JUSTICE ASHOK G. NIJAGANNAVAR

        Regular First Appeal No.1707 of 2018 (RES)

BETWEEN :

M/S. INDO ASIAN ACADEMY
EDUCATION TRUST
REPRESENTED BY ITS
CHAIRMAN-MANAGING TRUSTEE
PROF. T. EKAMBARAM NAIDU
AGED ABOUT 66 YEARS
NO.10, 4TH 'D' MAIN
HRBR LAYOUT, 2ND BLOCK,
KALYAN NAGAR,
BENGALURU-560 043.
                                            ... APPELLANT

(BY SRI V. SATHEESH KUMAR , ADVOCATE)

AND :

SRI H. ANNAIAH REDDY
S/O. LATE HANUMAPPA
AGED ABOUT 72 YEARS
RESIDING AT: CHELIKERE
OPP:RING ROAD
KALYAN NAGAR POST
BENGALURU-560 043.
                                          ... RESPONDENT

     THIS R.F.A. IS FILED UNDER SECTION 96 READ WITH
ORDER XLI RULE 1 OF THE CODE OF CIVIL PROCEDURE,
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AGAINST THE JUDGMENT AND DECREE DATED 22.06.2018
PASSED IN O.S.NO.2512/2017 ON THE FILE OF THE V
ADDITIONAL CITY CIVIL JUDGE, AT BANGALORE CITY,
DECREEING THE SUIT FOR EJECTMENT.

    THIS R.F.A. COMING ON FOR ORDERS THIS DAY,
NAGARATHNA J., DELIVERED THE FOLLOWING:

                        JUDGMENT

Learned counsel for the appellant has filed a Memo stating that the dispute between the parties has been settled before the Lok Adalath on 13.07.2019 in Execution No.3084 of 2018 and time for vacating the premises is extended till 31.05.2022 and the compromise petition has also been filed in that regard. A copy of the order sheet and the compromise petition filed in the said Execution Case is also appended and the same is produced along with the Memo.

2. In view of the settlement of the dispute between the parties, before the Lok Adalath, on 13.07.2019 the appeal is disposed of in terms of the said settlement.

3. Registry to refund 75% of the Court fee paid by the appellant under Section 66(2)(c) of the Karnataka Court-Fees and Suits Valuation Act, 1958, to the appellant.

4. In view of disposal of the appeal, pending applications, if any, stand disposed.

Sd/-

JUDGE Sd/-

JUDGE hnm

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