Karnataka High Court
Smt Kempamma vs Smt Radha Gopal on 19 July, 2022
Bench: Ashok S.Kinagi
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 19TH DAY OF JULY 2022
BEFORE
THE HON'BLE MR.JUSTICE ASHOK S. KINAGI
R. F. A. NO.2044 OF 2011 (INJ)
C/W
R. F. A. NO.2043 OF 2011 (INJ)
IN RFA 2044 OF 2011
BETWEEN:
1. SMT. KEMPAMMA
D/O LATE KEMPANNA
AGED ABOUT 63 YEARS
NO. 370/33, 27TH CROSS,
RAGHAVENDRA LAYOUT,
HULIMAVU, BANNERGHATTA ROAD,
BANGALORE-560 022.
2. SRI. LAKSHMAMMA
D/O LATE KEMPANNA
AGED ABOUT 59 YEARS
NO. 370/33, 27TH CROSS,
RAGHAVENDRA LAYOUT, HULIMAVU ,
BANNERGHATTA ROAD,
BANGALORE-560 022.
3. SRI. SOORAPPA
S/O LATE KEMPANNA
AGED ABOUT 58 YEARS
2
NO. 370/33, 27TH CROSS,
RAGHAVENDRA LAYOUT,HULIMAVU ,
BANNERGHATTA ROAD,
BANGALORE-560 022.
4. SRI H K MUTTAPPA
S/O LATE KEMPANNA
AGED ABOUT 55 YEARS
NO. 370/33, 27TH CROSS,
RAGHAVENDRA LAYOUT, HULIMAVU ,
BANNERGHATTA ROAD,
BANGALORE-560 022.
5. SMT. SUSHILAMMA
S/O LATE KEMPANNA
AGED ABOUT 54 YEARSS
NO. 370/33, 27TH CROSS,
RAGHAVENDRA LAYOUT, HULIMAVU ,
BANNERGHATTA ROAD,
BANGALORE-560 022.
6. SRI MUTHAPPA
S/O LATE KEMPANNA
AGED ABOUT 53 YEARSS, NO. 370/33, 27TH CROSS,
RAGHAVENDRA LAYOUT, HULIMAVU ,
BANNERGHATTA ROAD,
BANGALORE-560 022.
7. SRI PRAKASH
S/O LATE KEMPANNA
AGED ABOUT 49 YEARS, NO. 370/33, 27TH CROSS,
RAGHAVENDRA LAYOUT, HULIMAVU ,
BANNERGHATTA ROAD,
BANGALORE-560 022.
...APPELLANTS
(BY SRI. RAMACHANDRA G BHAT, ADVOCATE)
3
AND:
1. SMT RADHA GOPAL
W/O SRI SUBRAMANIYAM GOPAL
AGED ABOUT 40 YEARS
R/ AT NO. 1710, 50 FEET MAIN ROAD,
KUMARASWAMY LAYOUT,
BANGALORE-76.
2. SRI. BABU
S/O LATE KEMPANNA
AGED ABOUT 43 YEARS
NO. 370/33, 27TH CROSS,
RAGHAVENDRA LAYOUT, HULIMAVU ,
BANNERGHATTA ROAD,
BANGALORE-560 022.
3. SMT. MANJULAMMA
D/O LATE KEMPANNA
AGED ABOUT 41 YEARS
NO. 370/33, 27TH CROSS,
RAGHAVENDRA LAYOUT, HULIMAVU ,
BANNERGHATTA ROAD,
BANGALORE-560 022.
....RESPONDENTS
(BY SRI. S P KULKARNI, ADVOCATE FOR R1
SRI. M. RAVINDRANATH, ADVOCATE FOR R2 & R3)
THIS RFA IS FILED UNDER SEC.96 OF CPC.,
AGAINST THE JUDGMENT AND DECREE DATED 24.5.2011
PASSED IN O.S.NO.3148/2008 ON THE FILE OF THE XLIV
ADDL. CITY CIVIL & SESSIONS JUDGE, BANGALORE,
DECREEING THE SUIT FOR PERMANENT INJUNCTION. AND
REJECTING THE COUNTER CLAIM MADE BY THE
DEFENDANTS THEREIN WITH COSTS OF THE PLAINTIFF
THEREIN.
4
IN RFA 2043 OF 2011
BETWEEN:
1. SMT. KEMPAMMA
D/O LATE KEMPANNA
AGED ABOUT 63 YEARS
NO. 370/33, 27TH CROSS,
RAGHAVENDRA LAYOUT,
HULIMAVU, BANNERGHATTA ROAD,
BANGALORE-560 022.
2. SRI. LAKSHMAMMA
D/O LATE KEMPANNA
AGED ABOUT 59 YEARS
NO. 370/33, 27TH CROSS,
RAGHAVENDRA LAYOUT, HULIMAVU ,
BANNERGHATTA ROAD,
BANGALORE-560 022.
3. SRI. SOORAPPA
S/O LATE KEMPANNA
AGED ABOUT 58 YEARS
NO. 370/33, 27TH CROSS,
RAGHAVENDRA LAYOUT,HULIMAVU ,
BANNERGHATTA ROAD,
BANGALORE-560 022.
4. SRI H K MUTTAPPA
S/O LATE KEMPANNA
AGED ABOUT 55 YEARS
NO. 370/33, 27TH CROSS,
RAGHAVENDRA LAYOUT, HULIMAVU ,
BANNERGHATTA ROAD,
BANGALORE-560 022.
5. SMT. SUSHILAMMA
S/O LATE KEMPANNA
5
AGED ABOUT 54 YEARSS
NO. 370/33, 27TH CROSS,
RAGHAVENDRA LAYOUT, HULIMAVU ,
BANNERGHATTA ROAD,
BANGALORE-560 022.
6. SRI MUTHAPPA
S/O LATE KEMPANNA
AGED ABOUT 53 YEARSS
NO. 370/33, 27TH CROSS,
RAGHAVENDRA LAYOUT, HULIMAVU ,
BANNERGHATTA ROAD,
BANGALORE-560 022.
7. SRI PRAKASH
S/O LATE KEMPANNA
AGED ABOUT 49 YEARS
NO. 370/33, 27TH CROSS,
RAGHAVENDRA LAYOUT, HULIMAVU ,
BANNERGHATTA ROAD,
BANGALORE-560 022.
...APPELLANTS
(BY SRI. RAMACHANDRA G BHAT, ADVOCATE)
AND:
1. SMT RADHA PRABHA RANGARAJAN
D/O SRI. NARAYANAN
W/O SRI RANGARAJAN
AGED ABOUT 40 YEARS
R/ AT NO. 41, 2ND CROSS STREET
MICO LAYOUT, BTM II STAGE
BANGALORE-560 076.
2. SRI. BABU
S/O LATE KEMPANNA
AGED ABOUT 43 YEARS
6
NO. 370/33, 27TH CROSS,
RAGHAVENDRA LAYOUT, HULIMAVU ,
BANNERGHATTA ROAD,
BANGALORE-560 022.
3. SMT. MANJULAMMA
D/O LATE KEMPANNA
AGED ABOUT 41 YEARS
NO. 370/33, 27TH CROSS,
RAGHAVENDRA LAYOUT, HULIMAVU ,
BANNERGHATTA ROAD,
BANGALORE-560 022.
....RESPONDENTS
(BY SRI. S P KULKARNI, ADVOCATE FOR R1
SRI. M. RAVINDRANATH, ADVOCATE FOR R2 & R3)
THIS RFA IS FILED UNDER SEC.96 OF CPC.,
AGAINST THE JUDGMENT AND DECREE DATED 18.7.2011
PASSED IN O.S.NO.3149/2008 ON THE FILE OF THE XLIV
ADDL. CITY CIVIL & SESSIONS JUDGE, BANGALORE,
DECREEING THE SUIT FOR PERMANENT INJUNCTION. AND
DISMISSING THE COUNTER CLAIM MADE BY THE
DEFENDANTS THEREIN.
THESE APPEALS COMING ON FOR HEARING THIS
DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
Learned counsel for the appellants in both the
appeals have filed separate memos stating that the
matter is settled out of Court and appellants do not
want to prosecute the appeal and same may be
dismissed as withdrawn.
2. Memos are placed on record.
3. The appeals are dismissed as withdrawn.
4. In view of dismissal of the appeals, pending
I.As. do not survive for consideration and are
accordingly disposed of.
SD/-
JUDGE
RD
