Smt Yashoda Bai vs Sri Ramanjanappa
2021 Latest Caselaw 1141 Kant

     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

       DATED THIS THE 18TH DAY OF JANUARY 2021

                         BEFORE

       THE HON'BLE MR. JUSTICE B. M. SHYAM PRASAD

      REGULAR FIRST APPEAL NO. 1387/2013 C/W
        REGULAR FIRST APPEAL NO. 661/2013


IN R.F.A. NO.1387/2013

BETWEEN :

SMT. YASHODA BAI
W/O LATE SRI SUBBA RAO
AGED ABOUT 81 YEARS,
R/A NO.18/A, NEAR SALAPURI TEMPLE,
KAMARAJ ROAD,
BANGALORE-560 042.

SINCE DECEASED, BY HER LRS

1(a). SRI. M. RAMAMANI
      AGED ABOUT 65 YEARS
      S/O LATE SMT. YASHODHA BAI
      & LATE SUBBA RAO,

1(b). SMT. M. MANJULA,
      AGED ABOUT 57 YEARS,
      D/O LATE. SMT. YASHODHA BAI
      & LATE SUBBA RAO,

1(c). SRI. M. NAGESH,
      AGED ABOUT 59 YEARS,
      S/O LATE. SMT. YASHODHA BAI
                                2



        & LATE SUBBA RAO,

1(d). SRI. M. SURESH,
      AGED ABOUT 55 YEARS
      S/O LATE SMT. YASHODHA BAI
      & LATE SUBBA RAO,
      ALL ARE RESIDING AT NO. 18,
      CLARKSPET, 'A' STREET,
      S.C. GARDEN, SOLLAPURI TEMPLE,
      KAMARAJA ROAD
      BENGALURU - 560 042.
                                             ... APPELLANTS

(By SMT. RADHA.Y., ADVOCATE FOR
     SRI. R. B. SADASIVAPPA., ADVOCATE)

AND :

SRI RAMANJANAPPA
S/O LATE SRI RAMAIAH
AGED ABOUT 61 YEARS,
R/AT NO.673, FIRST FLOOR,
EWS II STAGE,12TH MAIN
YELAHANKA NEW TOWN,
BENGALURU - 560 064
.

                                            ... RESPONDENT
(By SRI. S.NAGESH., ADVOCATE)

        THIS APPEAL IS FILED UNDER SECTION 96 OF THE CPC,
AGAINST THE JUDGMENT AND DECREE DATED 15.01.2013
PASSED IN O.S. NO. 5020/2004 ON THE FILE OF THE V ADDL.
CITY    CIVIL   &   SESSIONS   JUDGE,   BENGALURU,   PARTLY
DECREEING SPECIFIC PERFORMANCE.
                                3



IN R.F.A. NO.661/2013

BETWEEN :

SRI RAMANJANAPPA
S/O LATE SRI RAMAIAH
AGED ABOUT 66 YEARS,
R/AT NO.673, FIRST FLOOR,
EWS II STAGE,12TH MAIN
YELAHANKA NEW TOWN,                 ... APPELLANT

(By SRI. S.NAGESH, ADVOCATE)


AND :
SMT. YESHODA BAI
W/O LATE. SUBBA RAO
AGED ABOUT 71 YEARS,
R/A VENKATESHWARA NILAYA
RATNAMMA BUILDING
AMRUTHAHALLI, YELAHANKA
BANGALORE-560 064

SINCE DEAD BY HER LRS

1(a). SMT. M.RAMAMANI
      M/O. SMT. YASHODA BAI
      AGED ABOUT 65 YEARS

1(b). SMT. M. MANJULA,
      M/O. SMT. YASHODA BAI
      AGED ABOUT 57 YEARS

1(c). SRI. M. NAGESH @ NAGESH RAO
      S/O. LATE SUBBARAO
      M/O. SMT. YASHODA BAI
      AGED ABOUT 59 YEARS
                              4



1(d). SRI. M. SURESH @ SURESH RAO
      S/O. LATE SUBBARAO
      M/O. SMT. YASHODA BAI
      AGED ABOUT 55 YEARS

     RESPONDENTS (a) to (d) ARE
     THE CHILDREN OF LATE
     SMT. YASHODHA BAI AND
     LATE SRI. SUBBA RAO
     ALL ARE R/AT NO.18
     CLARKSPET, "A" STREET
     S.C.GARDEN, SALLAPURI TEMPLE
     KAMARAJA ROAD
     BENGALURU-560042                     ... RESPONDENTS

(BY SRI. R.B.SADASIVAPPA, ADVOCATE)

     THIS APPEAL IS FILED UNDER SECTION 96 OF THE CPC,
AGAINST THE JUDGMENT AND DECREE DATED 15.01.2013
PASSED IN O.S.NO.5020/2004 ON THE FILE OF V-ADDITIONAL
CITY CIVIL JUDGE, BENGALURU, PARTLY DECREEING THE SUIT
FOR SPECIFIC PERFORMANCE AND PERMANENT INJUNCTION.


     THESE APPEALS COMING ON FOR ADMISSION THIS DAY,
THE COURT DELIVERED THE FOLLOWING:


                     JUDGMENT

The parties in these appeals have filed their respective

memos for withdrawal of the corresponding appeals. It is

stated that the parties, in accordance with the mutually

accepted terms, have ensured that the sale deed dated

23.01.2013 is executed in favour of the third party and the lis

does not survive.

The memos are accepted and both the appeals are

dismissed as withdrawn.

SD/-

JUDGE

RB