Sri Dasegowda vs Smt Chikkamma
2022 Latest Caselaw 887 Kant

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     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

       DATED THIS THE 19TH DAY OF JANUARY, 2022

                        BEFORE

       THE HON'BLE MR.JUSTICE N.S.SANJAY GOWDA

            R.S.A. No.667/2020(DEC/INJ)

BETWEEN:

1.     SRI. DASEGOWDA,
       SON OF LATE RAMAIAH,
       AGED ABOUT 62 YEARS,
       RESIDING AT ALUR VIILAGE,
       DASANAPURA HOBLI,
       BANGALORE NORTH TALUK,
       PIN CODE - 562 123.

2.     SMT. PUTTAMMA,
       DAUGHTER OF LATE THIMMAKKA,
       WIFE OF RANGASWAMAIAH,
       AGED ABOUT 64 YEARS,
       RESIDING AT ALUR VILLAGE,
       DASANAPURA HOBLI,
       BANGALORE NORTH TALUK,
       PIN CODE - 562 123.

3.     SMT. JAYAMMA,
       DAUGHTER OF LATE THIMMAKKA,
       AGED ABOUT 59 YEARS,
       RESIDING AT ALUR VILLAGE,
       DASANAPURA HOBLI,
       BANGALORE NORTH TALUK,
       PIN CODE - 562 123.         ... APPELLANTS

(BY SRI. SIDDAMALLAPPA P.M., ADV.)
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AND:

1.     SMT. CHIKKAMMA,
       WIFE OF LATE HANUMAIAH,
       AGED ABOUT 76 YEARS,
       RESIDING AT ALUR VILLAGE,
       DASANAPURA HOBLI,
       BANGALORE NORTH TALUK,
       PIN CODE - 562 123.

2.     SRI. ANJANAPPA,
       SON OF LATE HANUMAIAH,
       AGED ABOUT 46 YEARS,
       RESIDING AT ALUR VILLAGE,
       DASANAPURA HOBLI,
       BANGALORE NORTH TALUK,
       PIN CODE - 562 123.

3.     SRI. HANUMANTHARAJU,
       SON OF LATE HANUMAIAH,
       AGED ABOUT 42 YEARS,
       RESIDING AT ALUR VILLAGE,
       DASANAPURA HOBLI,
       BANGALORE NORTH TALUK,
       PIN CODE - 562 123

4.     SRI. ANAND KUMAR,
       SON OF LATE HANUMAIAH,
       AGED ABOUT 40 YEARS,
       RESIDING AT ALUR VILLAGE,
       DASANAPURA HOBLI,
       BANGALORE NORTH TALUK,
       PIN CODE -562 123.

5.     SMT. MUNIYAMMA,
       WIFE OF LATE THIMMEGOWDA,
       AGED ABOUT 59 YEARS,
       RESIDING AT ALUR VILLAGE,
       DASANAPURA HOBLI,
       BANGALORE NORTH TALUK,
       PIN CODE - 562 123.
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6.   SRI. MANJUNATH,
     SON OF LATE THIMMEGOWDA,
     AGED ABOUT 29 YEARS,
     RESIDING AT ALUR VILLAGE,
     DASANAPURA HOBLI,
     BANGALORE NORTH TALUK,
     PIN CODE - 562 123.

7.   SRI. RAMANJINAPPA,
     SON OF LATE HANUMAIAH,
     AGED ABOUT 52 YEARS,
     RESIDING AT ALUR VILLAGE,
     DASANAPURA HOBLI,
     BANGALORE NORTH TALUK,
     PIN CODE - 562 123.             ... RESPONDENTS

(BY SRI.K.SHASHI KIRAN SHETTY, SENIOR COUNSEL FOR
 SRI.M.SREENIVASA, ADV., FOR R-1 TO R-4)

     THIS APPEAL IS FILED UNDER SECTION 100 OF CPC
AGAINST THE JUDGMENT AND DECREE DATED 06.01.2020
PASSED IN R.A. No.214/2016 ON THE FILE OF THE VIII
ADDITIONAL DISTRICT AND SESSIONS JUDGE, BENGALURU
RURAL DISTRICT, BENGALURU DISMISSING THE APPEAL AND
CONFIRMING THE JUDGMENT AND DECREE DATED
18.11.2016  PASSED    IN  OS.No.241/2009  (OLD   OS
No.1581/2003) ON THE FILE OF THE SENIOR CIVIL JUDGE
NELAMANGALA.

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

                      JUDGMENT

1. After arguing the matter for some time, the learned

counsel for the appellants submits that the parties have

arrived at a settlement, whereby the respondents have

agreed to pay a sum of Rs.10,00,000/- [Ten Lakhs] to the

appellants within a period of one week and as a

consequence, the appellants wish to withdraw the suit as

well as the present appeal.

2. The learned senior Counsel, Sri.K.Shashi Kiran

Shetty, appearing for the respondents, submits that a

sum of Rs.10,00,000/- [Ten Lakhs] will be paid by way of

a demand draft, drawn in favour of appellant No.2,

within a period of one week from today.

3. In view of the aforesaid submissions, the suit is

dismissed as withdrawn and as a consequence the

appeal is also dismissed as withdrawn.

4. The undertaking of the respondents that a sum of

Rs.10,00,000/- [Ten Lakhs] shall be paid within a period

of one week is taken on record.

Sd/-

JUDGE RK Ct: SN