Sri. N. Girish vs Smt. Nirmala Nagaraj
2021 Latest Caselaw 5331 Kant

                          1


IN THE HIGH COURT OF KARNATAKA AT BENGALURU

       DATED THIS THE 2ND DAY OF DECEMBER, 2021

                       BEFORE

     THE HON'BLE MR. JUSTICE N.K. SUDHINDRARAO

                  R.F.A.No.307/2015

BETWEEN:
SRI. N. GIRISH
S/O. LATE SRI. NAGANNA
AGED ABOUT 49 YEARS
R/AT NO.114, 1ST CROSS,
DINNUR MAIN ROAD,
R.T. NAGAR,
BANGALORE-560 032.                    ...APPELLANT
(BY SRI. A. SAMPATH, ADVOCATE)

AND:

1.     SMT. NIRMALA NAGARAJ
       W/O. LATE N. NAGARAJ
       AGED ABOUT 40 YEARS

2.     MASTER PAVAN
       S/O. LATE N. NAGARAJ
       AGED ABOUT 19 YEARS
       BEING MINOR REPRESENTED
       BY HIS MOTHER/NATURAL
       GUARDIAN SMT. NIRMALA NAGARAJ

       RESPONDENT No.1 AND 2 ARE RESIDING
       C/O. R. RAMAIAH
       BANNI NAGAR, SIRA TOWN
       TUMKUR DISTRICT-577 201.
                          2


3.   SRI. NAGANNA
     SINCE DECEASED BY HIS WIFE
     SMT. SAROJAMMA
     W/O. LATE NAGANNA
     AGED ABOUT 70 YEARS
     R/AT NO.14, 1ST CROSS,
     DINNUR MAIN, R.T. NAGAR
     BANGALORE-560 032.

4.   SRI. N. DEVARAJ
     S/O. LATE SRI. NAGANNA
     AGED ABOUT 55 YEARS
     R/AT NO.C-35, CENTURY CARBEL,
     60 FEET ROAD,
     SAHAKARANAGAR,
     BANGALORE-560 091.

5.   SRI. MURTHY
     S/O. LATE SRI. NAGANNA
     AGED ABOUT 52 YEARS
     R/AT "SPOORTHY NILAYA"
     NO.146, 2ND MAIN ROAD,
     6TH CROSS, HEALTH LAYOUT,
     SRIGANDHAKAVALU,
     VISWADHAMMA POST,
     BANGALORE-560 091.

6.   SMT. N. BABITHA
     D/O. LATE SRI. NAGANNA
     AGED ABOUT 40 YEARS
     R/AT NO.1, 4TH MAIN ROAD,
     MADHURA NAGAR,
     MUDALAPALYA,
     NAGARABHAVI MAIN ROAD,
     BANGALORE-560 072.              .....RESPONDENTS
(RESPONDENT-4 IS SERVED, APPEAL AGAINST R-1, 2, 5
AND 6 IS DISMISSED V/O DATED 29.02.2016 AND
AGAISNT R-3 V/O DATED 11.03.2019)
                           3


     THIS R.F.A. IS FILED U/S 96 OF CPC., AGAINST THE
JUDGMENT AND DECREE DATED 31.01.2015 PASSED IN
O.S.NO.1977/2007 ON THE FILE OF THE XXXVIII
ADDITIONAL CITY CIVIL AND SESSIONS JUDGE,
BENGALURU CITY, DECREEING THE SUIT FOR PARTITION,
SEPARATE POSSESSION AND MESNE PROFITS.

     THIS R.F.A. COMING ON FOR ORDERS THIS DAY,
THE COURT DELIVERED THE FOLLOWING:


                    JUDGMENT

The learned counsel for the appellant filed a

memo dated 03.09.2021 which reads as under :-

"The appellant has filed the above appeal being aggrieved by the judgment and decree passed in O.S.No.1977/2007.

It is submitted that the appellant has entered into Registered Memorandum of Partition dated 16.04.2021 with his family members. A photocopy of Memorandum of Partition dated 16.04.2021 is enclosed for kind perusal of this Hon'ble Court. In view of the same he is intend to withdraw the appeal as not pressed.

Wherefore, this Hon'ble Court may be pleased to dismiss the appeal as not pressed, so as to meet the ends of justice and equity."

Memo is placed on record.

Appeal is dismissed as withdrawn.

Sd/-

JUDGE

hd