Smt Shambhavi A Shetty vs Smt Appi Shedthi
2021 Latest Caselaw 5587 Kant

                           1


    IN THE HIGH COURT OF KARNATAKA AT BENGALURU

       DATED THIS THE 6th DAY OF DECEMBER, 2021

                       BEFORE

    THE HON'BLE MR.JUSTICE S VISHWAJITH SHETTY

         REGULAR SECOND APPEAL NO. 1282/2015

BETWEEN:

SMT.SHAMBHAVI A SHETTY
W/O ANANDA SHETTY
AGED ABOUT 79 YEARS
R/AT KAJIKARABETTU
NANDIKOOR VILLAGE
UDUPI TALUK & DISTRICT
PIN 576101.
                                  ... APPELLANT

(BY SRI. H JAYAKARA SHETTY, ADVOCATE)

AND:

1      SMT.APPI SHEDTHI
       @ APPI B HEGDE
       D/O THANU SHETTY @ SHESHI
       SHEDTHI, W/O BHASKAR HEGDE
       AGED ABOUT 85 YEARS

2      SAROJAKSHA SHETTY
       AGED ABOUT 64 YEARS

3      SMT.HASMATHI R SHETTY
       AGED ABOUT 66 YEARS

4      NAVEENCHANDRA HEGDE
       AGED ABOUT 62 YEARS
                           2



5    SUCHETHAN HEGDE
     AGED ABOUT 55 YEARS

6    JAYADEEP HEGDE
     AGED ABOUT 52 YEARS

     - RESPONDENTS 1 TO 6 ARE
     CHILDREN OF 1ST RESPONDENT
     AND ALL ARE RESIDING AT
     HEGDE NIVAS, PALIMAR VILLAGE
     UDUPI TALUK 574 112

7    DR.SHISHIRA
     AGED ABOUT 37 YEARS

8    AVADHESH
     AGED ABOUT 35 YEARS

     - RESPONDENTS 7 & 8 ARE
     CHILDRERN OF 3RD RESPONDENT
     AND ALL ARE RESIDING AT
     HEGDE NIVAS, PALIMAR VILLAGE
     UDUPI TALUK 574 112

     ARAVINDA SHETTY (SINCE DEAD BY LRS)

9    SMT.PADMAVATHI SHETTY
     AGED ABOUT 45 YEARS

10   ARPITHA SHETTY,
     AGED ABUT 24 YEARS

     - RESPONDENT 9 IS WIFE AND
     RESPONDENT 10 IS DAUGHTER OF
     LATE ARAVINDA SHETTY AND ARE
     PRESENTLY RESITING AT
     RAGHAVENDRA NILAYA
     CHAMARAJPET, BENGALURU 560 012
                          3



11   PRATHVINDA SHETTY
     AGED ABOUT 51 YEARS

12   VRINDA SHETTY
     AGED ABOUT 48 YEARS

13   SANDYA SHETTY
     AGED ABOUT 45 YEARS

     RESPONDENTS 11 TO 13 ARE
     CHILDREN OF APPELLANT
     SMT.SHAMBHAVI A SHETTY
     AND ALL ARE RESIDING AT
     KAJIKARABETTU, NANDIKOOR
     VILLAGE, UDUPI TALUK
     AND DISTRICT 576 101

14   SMT. RAMANI RAGHU SHETTY
     D/O THANU SHETTY & SHESHI SHEDTHI
     W/O RAGHU SHETTY
     AGED ABOUT 82 YEARS
     R/AT KAJIKARABETTU, NANDIKOOR
     VILLAGE, UDUPI TALUK
     AND DISTRICT 576 101

                                   ... RESPONDENTS
(R-2 TO R-6 ARE L.RS OF DECEASED R-1;
 R-9 TO R-14 ARE SERVED AND UNREPRESENTED)

      THIS APPEAL IS FILED UNDER SECTION 100 OF
C.P.C. AGAINST THE JUDGMENT & DECREE DATED
15.04.2015 PASSED IN R.A.NO.41/2013 ON THE FILE OF
THE PRINCIPAL DISTRICT JUDGE, UDUPI, PARTLY
ALLOWING THE APPEAL AND MODIFYING THE JUDGMENT
AND    DECREE    DATED     30.03.2007  PASSED    IN
O.S.NO.153/2007 ON THE FILE OF THE PRL.SENIOR CIVIL
JUDGE, UDUPI.
                            4


     THIS APPEAL COMING ON FOR ORDERS THIS DAY,
THE COURT DELIVERED THE FOLLOWING:

                     JUDGMENT

Learned counsel for the appellant has filed a

memo for withdrawal of the appeal stating that the

parties have settled the matter out of the Court at the

intervention of the friends and well wishers. Hence,

memo dated 01.12.2021 for withdrawal is taken on

record.

2. The appeal is dismissed as withdrawn.

Sd/-

JUDGE

nms