Case Note & Summary
The Regular Second Appeal No.185 of 2009 was filed by the appellants (legal representatives of the deceased original appellant H.R. Rangaiah) against the judgment and decree dated 15.10.2008 in R.A.No.272/2006 passed by the Civil Judge (Sr.Dn.) & JMFC, Turuvekere, which dismissed the appeal and confirmed the judgment and decree dated 08.01.2003 in O.S.No.155/1989 passed by the Civil Judge (Jr.Dn.) & JMFC, Turuvekere. The appeal was filed under Section 100 of the Code of Civil Procedure, 1908. During the hearing, the learned counsel for the appellants filed a memo for disposal of the appeal on the ground that the matter had been settled out of court. The memo was signed by all the appellants. The court, noting the settlement, disposed of the appeal as settled without any further adjudication on the merits of the case. No costs were imposed.
Headnote
A) Civil Procedure - Second Appeal - Settlement out of Court - Section 100, Code of Civil Procedure, 1908 - The appeal was filed under Section 100 CPC against concurrent judgments of the trial court and first appellate court. The appellants filed a memo stating the matter was settled out of court, signed by all appellants. The court disposed of the appeal as settled without examining the merits. (Para 1)
Issue of Consideration
Whether the appeal should be disposed of as settled out of court based on the joint memo filed by the parties.
Final Decision
The appeal is disposed of as settled out of court. No order as to costs.
Law Points
- Settlement out of court
- Disposal of appeal
- Section 100 CPC
