Mrs Kalpana Malla vs Mrs Rathnamma
2021 Latest Caselaw 6305 Kant

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

  DATED THIS THE 16TH DAY OF DECEMBER, 2021

                      BEFORE

THE HON'BLE Dr. JUSTICE H.B.PRABHAKARA SASTRY

              R.F.A.No.1227 OF 2012

BETWEEN:

1. MRS.KALPANA MALLA
W/O LAXMAN RAO MALLA
AGED ABOUT 50 YEARS
RESIDING AT NO.7/302,
MANTHRI RESIDENCY,
BANARAGATTA ROAD,
BANGALORE -560 056

2. MR.LAXMAN RAO MALLA
S/O LATE MALLA SUBBA RAO
AGED ABOUT 50 YEARS
RESIDING AT NO.7/302
MANTHRI RESIDENCY
BANARAGATTA ROAD,
BANGALORE-560 056

3. MRS. PREETI KANSAL
W/O ANAND KANSAL
AGED ABOUT 48 YEARS
RESIDING AT NO.143, II MAIN,
8TH CROSS, S.T.BED LAYOUT,
KORAMANGALA,
BANGALORE -560 034
                                   RFA No. 1227/2012
                         2


4. MR.ANANTH KANSAL
S/O SRIRAM KANSAL
AGED ABOUT 48 YEARS
RESIDING AT NO.143, II MAIN,
8TH CROSS, S.T.BED LAYOUT,
KORAMANGALA,
BANGALORE -560 034.                ..APPELLANTS

(BY SMT.N.SHASHIKALA, ADVOCATE)

AND:

1. MRS.RATHNAMMA
AGED ABOUT 73 YEARS
W/O LATE KRISHNAPPA

2. MRS.RADHAMMA
AGED ABOUT 52 YEARS
D/O LATE KRISHNAPPA

3. MR.NAGESH
AGED ABOUT 48 YEARS
S/O LATE KRISHNAPPA

4. MR.GANGADHARA
AGED ABOUT 46 YEARS
S/O LATE KRISHNAPPA

5. MR.NARAYANASWAMY
AGED ABOUT 43 YEARS
S/O LATE KRISHNAPPA

6. MRS.MANJULA
AGED ABOUT 41 YEARS
D/O LATE KRISHNAPPA
                                    RFA No. 1227/2012
                         3


7. MR.KUMAR
AGED ABOUT 39 YEARS
S/O LATE KRISHNAPPA

8. MRS.SUSHEELA
AGED ABOUT 35 YEARS
D/O LATE KRISHNAPPA

9. MR.UMESH
AGED ABOUT 31 YEARS
S/O LATE KRISHNAPPA

10. MRS.GANGAMMA
AGED ABOUT 28 YEARS
D/O LATE KRISHNAPPA

ALL 1 TO 10 ARE RESIDING AT
HORMAVU AGARA VILLAGE,
HORMAVU POST, BANGALORE -43

11. MR.VENKATASWAMY
AGED ABOUT 67 YEARS
S/O LATE ADUGAR MUNIYAPPA
RESIDING AT NEELLAKANTAPURA,
CHAMARAHALLI POST
KOLAR DISTRICT

12. MR.N.RAJU
AGED ABOUT 56 YEARS
S/O P.NARAYANASWAMY
RESIDING AT HORMA AGARA VILLAGE,
K.R.PURAM HOBLI,
BANGALORE SOUTH TALUKE

13. MR.ALIKHWAJA
AGED ABOUT 52 YEARS
S/O LATE K.A.GAFOOR
RESIDING AT NO.418, I MAIN,
                                      RFA No. 1227/2012
                        4


I BLOCK, R.T.NAGAR,
BANGALORE -560 032

14. M/s.BANJARA DEVELOPERS &
CONSTRUCTIONS PVT. LTD.
NO.418, I MAIN, I BLOCK,
R.T.NAGAR
BANGALORE -560 032
REPRESENTED BY ITS
DIRECTOR

15. MISS.MERCY CHARMINE P. D'SOUZA
AGED ABOUT 28 YEARS
D/O MARK D' SOUZA
RESIDING AT NO.10, III CROSS,
J.M.LANE BALPET
BANGALORE -560 053

16. MR.MARK D'SOUZA
AGED ABOUT 60 YEARS
S/O RENDIARO D'ZOSA
SHED NO.16, CHRISTIAN GULF SERVICES
DUBAI, UAE

17. MR.A.R.SRINIVASAN MUDALIAR
AGED ABOUT 52 YEARS
S/O LATE A.R.RAMACHANDRAN MUDALIAR
RESIDING AT FLAT NO.14,
TERRACE APARTMENT
OSBORN ROAD
BANGALORE -560 042

18. MRS.SURYAKALA SRINIVASAN
AGED ABOUT 46 YEARS
W/O A.R.SRINIVALAN MUDALIAR
RESIDING AT FLAT NO.14,
MAYA TERRACE APARTMENT,
OSBORN ROAD
                                          RFA No. 1227/2012
                            5


BANGALORE -560 042.

19. MRS.LUCY D'SILVA
AGED ABOUT 65 YEARS
W/O LATE JM HILLARY D'SILVA

20. MRS.HELAN REENA D'SILVA
AGED ABOUT 32 YEARS
D/O LATE JM HILLARY D' SILVA

21. MRS.ROSLIN R. D'SILVA
AGED ABOUT 31 YEARS
D/O LATE JM HILLARY D'SILVA

22. ROSHINI R. D'SILVA
AGED ABOUT 29 YEARS,
D/O LATE JM HILLARY D'SILVA

ALL 18 TO 22 ARE RESIDING AT
NO.2, LAZAR LAYOUT FRAZER TOWN
BANGALORE -560 005.                     ..RESPONDENTS

(BY SRI.KALYAN BASAVARAJ S., ADVOCATE FOR R-12,
 SRI.M.JAGADISH, ADVOCATE FOR R-15 & R-16,
 SRI.JOSHUA H.SAMUEL, ADVOCATE FOR R-19 & R-21,
 R-1, R-2, R-4, R-5, R-6, R-7, R-8, R-9, R-13, R-14, R-17,
 R-18, R-20 & R-22 SERVED)


      THIS RFA IS FILED UNDER ORDER XLI RULE 1
READ WITH SECTION 96 OF CPC AGAINST THE JUDGMENT
AND    DECREE   DATED    16.12.2011  PASSED   IN
O.S.NO.16795/2004, ON THE FILE OF THE XXVIII
ADDITIONAL CITY CIVIL JUDGE, AT MAYOHALL UNIT,
BENGALURU, DISMISSING     THE SUIT    FILED  FOR
DECLARATION AND PERMANENT INJUNCTION.
                                                RFA No. 1227/2012
                                6


      This R.F.A. coming on for Orders, through Physical
Hearing/Video Conferencing Hearing, this day, the
Court made the following:


                          ORDER

Learned counsel for the appellants who is physically

present in the Court files a Memo stating that the matter

has been settled out of the Court, as such, the appellants

are not pressing the above appeal. With this, she prays

for dismissal of the appeal as withdrawn.

Learned counsel for the appellants has made

supporting submission on the lines of the Memo.

In view of the Memo and the supporting submission,

the Appeal stands dismissed as not pressed.

Registry to proceed further with RFA No.491/2012,

in accordance with law.

Sd/-

JUDGE MBB