Lalita W/O. Annappa Shet vs. Mangala W/O. Raghuveer Shet
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Order Issued After Hearing
Purpose:
Disposed
Before:
Hon'ble A.N.Venugopala Gowda
Listed On:
19 Feb 2013
Order Text
IN THE HIGH COURT OF KARNATAKA CIRCUIT BENCH AT DHARWAD
Dated this the 19th day of February 2013
Before
THE HON'BLE MR.JUSTICE A.N.VENUGOPALA GOWDA
Regular Second Appeal No.5298/2012
Between:
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- Smt. Lalita, W/o Annappa Shet, Age: 64 years, Occ: Household work, R/o Hosaherwata Village, Tq: Kumta-581343, Dist: Karwar.
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- Kumar Ganesh, S/o Annappa Shet, Age: 14 years, Occ: Student, R/o Hosaherwata Village, Tq: Kumta-581343, Dist: Karwar.
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- Kumari Shweta, D/o Annappa Shet, Age: 12 years, Occ: Student, R/o Hosaherwata Village, Tq: Kumta-581343, Dist: Karwar.
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- Kumar Bharat, S/o Annappa Shet, Age: 9 years, Occ: Student, R/o Hosaherwata Village, Tq: Kumta-581343, Dist: Karwar. …Appellants
(Appellants No.2 to 4 being minors Are represented by their next friend And natural guardian mother appellant No.1 as a minor guardian)
(By Shri. S.N.Banakar, Advocate)
A n d :
Smt. Mangala, W/o Raghuveer Shet, Age: 56 years, Occ: Ryot & Household, R/o Kumta, Tq: Kumta-581343, Dist: Karwar. …Respondent
This appeal is filed under Section 100 of Code of Civil Procedure against the judgment and decree dated 14.12.2011 passed in R.A. No.562/2009 on the file of the District Judge, Uttara Kannada, Karwar, allowing the appeal filed against the judgment dated 21.08.2008 and the decree passed in O.S. No.42/2006 on the file of the Civil Judge (Sr. Dn.), Kumta, dismissing the suit filed for specific performance of contract.
This appeal coming on for Orders this day, the Court delivered the following:
JUDGMENT
Shri. S.N.Banakar, learned advocate, filed a memo seeking permission to withdraw the appeal and to order refund of the Court fee paid on the appeal memorandum.
- Section 66(c) of the Karnataka Court Fee and Suits Valuation Act, 1958, provides that, if any appeal is disposed of before the commencement of hearing of the appeal, half the amount of all fees paid in respect of the claim or claims in the appeal can be ordered by the Court to be refunded to the parties by whom the same has been paid.
Memo filed by Shri. S.N.Banakar is placed on record. Appeal is permitted to be withdrawn.
Refund half of the court fee paid on the appeal memorandum in terms of Section 66(c) of the Karnataka Court Fee and Suits Valuation Act, 1958.
Sd/- JUDGE
Kms
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