IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 6TH DAY OF JANUARY, 2021
BEFORE
THE HON'BLE Dr. JUSTICE H.B.PRABHAKARA SASTRY
REGULAR FIRST APPEAL No.1193 OF 2017
BETWEEN:
1. Smt. Munibyramma @ Byramma
W/o late Veeranna
Aged about 60 years.
2. Sri Prakash
Since dead by LRs:
2(a) Smt. Kempamma Wife of late Prakash
Aged about 36 years.
2(b) P. Kushal Son of late Prakash
Aged about 19 years.
2(c) Kum. Aishwarya
Aged about 15 years
Represented by mother,
Natural guardian Smt.Kempamma
3. Sri Mayanna
S/o late Veeranna
Aged about 41 years.
All are residing at No.36/1
5th Cross, Opposite
RFA 1193/2017
2
Sholapuradamma Temple
Sunkadakatte, Vishwaneedam Post
Bengaluru - 560 091. :APPELLANTS
(By Sri Narayana Babu D.N., Advocate)
AND:
Smt. Sakamma since dead by LR:
1. Sri Shivalingappa
Since dead, by his LRs who are
Already on record:
2. Sri Byrappa S.
Son of Shivalingappa
Aged about 6..years
R/a 123/A, 8th A Main
Thimmaiah Layout
Bengaluru 560 079.
3. Sri Bore Gowda S.
Son of Shivalingappa
Aged about 59 years
R/a No.1064, 65th Cross
18th Main, 5th Block,
Rajajinagar,
Bengaluru - 560 010.
4. Sri Ashok Kumar
Son of Shivalingappa
Aged 55 years, residing at
No.61, 4th Stage,
3rd Block, West of Chord Road
Basaveshwara Nagar
Bengaluru - 560 079.
RFA 1193/2017
3
5. Sheshappa since dead by LR:
Sri Thimmaraju
Son of Sheshappa
Aged about 32 years
Residing at C/o Murthy Printing Press
Sunkadakate,
Vishwaneedam Post,
Bengaluru - 560 091.
6. Smt. Lakshmamma
Wife of B.T. Srinivasa
D/o Veeranna,
Aged about 46 years
R/a No.84, Baba Sabarapalya,
Kengeri Post, Bengaluru South Taluk,
Bengaluru - 560 064.
7. Smt. Thirumalamma
D/o Veeranna, W/o M.R. Jumar,
Aged about 40 years,
R/a Marappana Palya,
Arishinakunte Post,
Dasanapura Hobli,
Bengaluru North Taluk,
Bengaluru - 560 091. :RESPONDENTS
(By Sri K.V. Dhananjay, Advocate for
R2 to R4 (L.Rs. of R1);
R5, R6 and R7 are served)
THIS REGULAR FIRST APPEAL IS FILED UNDER ORDER
SECTION 96 OF CPC PRAYING TO SET ASIDE THE JUDGMENT
AND DECREE DATED 30.03.2017, PASSED IN O.S.NO.640/1999,
BY XI ADDL. CITY CIVIL JUDGE AT BENGALURU AND TO
RFA 1193/2017
4
DISMISS THE SUIT IN O.S. NO.640/1999, IN THE INTEREST OF
JUSTICE AND EQUITY.
THIS REGULAR FIRST APPEAL COMING ON FOR ORDERS
ALONG WITH I.A.1/2018 THROUGH VIDEO CONFERENCING /
PHYSICAL HEARING THIS DAY, THE COURT MADE THE
FOLLOWING:
ORDER
Learned counsels for the appellants and respondents are physically present in the Court and both the learned counsels make a joint submission that the appellants are withdrawing the present appeal, as such, they do not press on the compromise petition filed by them in the matter. In view of the said submission, the compromise petition filed in the matter is disposed of as not pressed.
2. Learned counsel for the appellants has filed memo of withdrawal of the main appeal.
3. Learned counsels submit that in view of the settlement of the matter between the parties, they do not press the present appeal.
RFA 1193/2017 5
4. Learned counsel for the respondents submits his no objection to dispose of the appeal as not pressed by the appellants.
In view of the memos and supporting submissions from both side, the appeal stands disposed of as not pressed.
In view of the disposal of the main appeal as not pressed, I.A.1/2018 does not survive for consideration.
Sd/-
JUDGE sac*