IN THE HIGH COURT OF KARNATAKA AT BENGALURU

ON THE 06TH DAY OF JANUARY, 2015

BEFORE

THE HON'BLE MR. JUSTICE RAVI MALIMATH

R.S.A. NO.964 OF 2011 [PAR]

BETWEEN:

Thimmaiah S/o Maribyataiah Aged about 75 years R/o T.Hosahalli, Kunigal Taluk Tumkur District Pin Code – 572 135.

... APPELLANT

(By Shri.G.A.K.Gowda, Advocate)

AND:

1. Mariyappa S/o late Maribyate, Aged about 70 years R/o T.Hosahalli, Kasaba Hobli Kunigal Taluk, Tumkur District Pin Code – 572 135.

Presently residing at: Pothaganahalli, Solur Hobli, Magadi Taluk Bangalore Rural District.

2. Byataiah S/o Maribyate Hindu, Major

R/o T.Hosahalli Kasaba Hobli Kunigal Taluk

Now Residing at Chottanahalli Kunigal Taluk Tumkur District Pin Code – 572 135.

3. Smt.Boramma S/o late Maribyataiah Aged about 60 years, R/o Bommanahalli Motaganahalli Post, Solur Hobli, Magadi Taluk Bangalore Rural District.

... RESPONDENTS

(By Shri.S.Prakash, Advocate for C/R-1)

This RSA is filed under Section 100 of CPC against the judgment and decree dated 23.02.2011 passed in R.A.No.190/06 on the file of the Prl.District Judge, Tumkur, dismissing the appeal and confirming the judgment and decree dated 31.07.2006 passed in O.S.No.133/2001 on the file of the Civil Judge (Sr.Dn.), Kunigal.

This RSA coming on for Further Orders, this day, the Court delivered the following:-

JUDGMENT

The learned Counsel for the appellant submits that cost have since been paid and the parties have

settled the matter and nothing further survives for consideration in this appeal.

2. In view of the submission made by the learned Counsel for the appellant at the Bar and in view of the submission that settlement has been arrived at between the parties, the appeal stands disposed off based on the submission made.

Sd/- JUDGE

Prs*