IN THE HIGH COURT OF ARNATAKA AT BANGALORE DATED This THE 7 DAY OF DECEMBER. 2011 PRESENT THE HON’BLE MR. JUSTICE N.KUMAR ANI) THE HON’BLE MR.JUSTICE I-LS.KEMPANNA R,F.A.NO.778/201 1(MON) BETWEEN ThE COMMiSSIONER CITi MUNICIPAL COUNCIL SHIMOGA, SHIMOGGA TOWN SIIIMOGGA DISTRICT- 577 201. ... APPELLANT (BY SRI. B.J.ESIIWARAPPA & E.S. A/S. ADVS.) AND EDUCARE INFOTECH, KASHIF COMPLEX, 2 FLOOR, GOPI CIRCLE, SHIMOGGA- 577 201 REPRESENTED BY ITS PARTNERS I .H.G.BHEEMA REDDY AND 2. K.B.ASHOK. Sb. BHEEMA NAIKA ... RESPONDENTS THIS RFA IS FILED U/S 96 OF CPC AGAINST THE JUDGMENT AND DECREE DATED: PASSED IN O.S.NO.52/2006 ON THE FILE OF THE II ADDL. SR.CIVIL JUDGE. SHIVAMOGGA, DECREEING THE SUIT FOR RECOVERY OF MONEY. THIS APPEAL COMING ON FOR ORDERS THIS DAY, N.KUMAR J., DELIVERED TIlE FOLLOWING: JUDGMENT A memo is filed for withdrawal of the appeal, which reads as under; ‘The appellant respectfully submits as follows: In the above said appeal, the appellant does not press this appeal against the respondent. Hence the appellant prays that this Hon’ble Court may be pleased to dismiss the above said appeal as withdrawn and this Hon’ble court may be pleased to direct the offtce to refund the full court fee of Rs. 1 ,39,494[ paid by the appellant, in the interest ofjustice and equity”. a 2. When the appellant does not press the appeal, there is no provision in the Karnataka Court Fee and Suit Valuation Act, 1958 for refund of the Court fee Øn the appeal memorandum and therefore, the request of refund of court fee is rejected. safr UDGE safr SA ,g vc)k c* iyt 2