K V Anantharama Bhat vs Smt Shamanthaka
2022 Latest Caselaw 3343 Kant

                                1


       IN THE HIGH COURT OF KARNATAKA AT BENGALURU

         DATED THIS THE 25TH DAY OF FEBRUARY, 2022

                          PRESENT

            THE HON'BLE MR. JUSTICE G.NARENDAR

                            AND

     THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR

             REGULAR FIRST APPEAL NO.2030/2016

BETWEEN:

K V ANANTHARAMA BHAT
S/O LATE VENKATAKRISHNA BHAT
AGED ABOUT 74 YEARS
THE MANAGER
HOTEL HARIPRASAD, MAIN ROAD,
SRIRANGAPATNA TOWN ,
MANDYA DIST.-577170.
                                             ... APPELLANT

(BY SRI SYED AKBAR PASHA, ADV. FOR
 SRI MAHANTESH S.HOSMATH, ADV.)

AND:


1.     SMT SHAMANTHAKA
       W/O LATE HARIBHAT
       AGED ABOUT 66 YEARS
       R/O SUBHASHRI NILAYA,
       HOUSING BOARD COLONY,
       SRIRANGAPATNA TOWN
       MANDYA DIST.-577170.

2.     SMT MALINI
       W/O GURURAJ,
       D/O LATE K.V.HARIBHAR,
                             2


     AGED ABOUT 46 YEARS
     R/O HOTEL SAVITHA
     OPP. KSRTC BUS STAND
     NANJANAGUDU TOWN
     MYSORE DIST.-577104.

3.   SMT SUMANA
     W/O SUBBARAYA OKUNNYA
     D/O LATE K V HARIBHAR
     AGED ABOUT 42 YEARS
     R/O NO 13/1, 28/A
     SRIPRABHA
     AJJARKADU, UDUPI - 574104.

4.   VEENAPURUSHOTHAM
     W/O PUTUSHOTHAM
     D/O LATE H V HARIBHAR
     AGED ABOUT 36 YEARS
     R/O KRISHNAPRASADA NILAYA,
     NEAR NATARAJA THEATOR
     SURATHKAR
     MANGALORE DIST.-571034.
                                           ... RESPONDENTS


(BY SRI NATARAJ BALLAL, ADV. FOR C/R1 & R2 TO R4.)


     THIS REGULAR FIRST APPEAL IS FILED UNDER SEC.96 OF
CPC., AGAINST THE JUDGMENT AND DECREE DATED 06.10.2016
PASSED IN OS.NO.60/2010 ON THE FILE OF THE ADDL. SENIOR
CIVIL JUDGE SRIRANGAPATNA, DISMISSING THE SUIT FOR
PARTITION AND SEPARATE POSSESSION.


     THIS REGULAR FIRST APPEAL COMING ON FOR FINAL
HEARING   THIS   DAY,   G.NARENDAR    J,   DELIVERED   THE
FOLLOWING:
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                           JUDGMENT

Learned counsel Sri Syed Akbar Pasha, (Roll

No.KAR/1876/08) makes a mention and files a memo

praying leave of the Court to withdraw the appeal on the

ground that the parties have arrived at an out of Court

settlement.

2. The submission is placed on record.

Memo for withdrawal reads as under:-

"That since the appellant and the respondents herein had settled the matter before the Lok- Adalath in the Court of III Addl District and Sessions Judge Mandya sitting at Srirangapatna in RA No.5022/2019 dated 18-12-2021, wherein the appellant herein at para 5 of compromise decree has under took to hand over the schedule properties involved in the present RFA to the respondent's possession. Hence in view of the same, the appellant may be permitted to withdraw the above appeal in the interest of justice and equity. The copy of the compromise decree entered before the learned III Addl District and Sessions Judge Mandya sitting at Srirangapatna in RA No.5022/2019 dated 18-12-

2021, is produced herewith for kind perusal of this Hon'ble Court."

3. Memo is taken on record.

Appeal is dismissed as withdrawn.

In view of disposal of the appeal, I.A. 1/2016 does not

survive for consideration and is accordingly disposed off.

Sd/-

JUDGE

Sd/-

JUDGE

Chs CT-HR