Karnataka High Court
Sri K Chandrashekar vs Sri Vijay Kumar on 27 June, 2022
Bench: S.R.Krishna Kumar
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 27TH DAY OF JUNE, 2022
BEFORE
THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR
R.F.A.NO.942 OF 2019(PAR/INJ)
BETWEEN
SRI. K CHANDRASHEKAR,
S/O VEKATESH GOWDA,
SINCE DEAD BY L.R.'S
APPELLANT NO.1 TO 3
1. LEELA CHANDRA SHEKAR,
W/O LATE K. CHANDRASHEKAR,
AGED ABOUT 80 YEARS,
2. RESHMA CHANDRASHEKAR,
D/O LATE K. CHANDRASHEKAR,
AGED ABOUT 53 YEARS,
3. RUPALI CHANDRASHEKAR,
W/O LATE K. CHANDRASHEKAR,
AGED ABOUT 50 YEARS,
ALL ARE RESIDING AT DEVASRI SPLENDOR,
SOKKORO BARDAGE,
GOA-403 001.
...APPELLANTS
(BY SRI. RAHUL S REDDY, ADVOCATE)
AND
SRI. VIJAY KUMAR,
SINCE DEAD BY L.R.'S,
RESPONDENT NO.1 & 2.
1. VAANISHRI,
W/O LATE VIJAY KUMAR,
AGED ABOUT 52 YEARS,
2
2. SHASHANK,
S/O LATE VIJAY KUMAR,
AGED ABOUT 25 YEARS,
RESPONDENT NO.1 AND 2 ARE
RESIDING AT C/O M. MUNISWAMY, NO.990,
39TH CROSS, 20TH MAIN, 4TH BLOCK,
JAYANAGAR, BENGALURU-560 011.
3. SMT. LAKSHMI,
W/O ROSHAN,
AGED ABOUT 69 YEARS,
R/AT BANAKANAHALLI VILLAGE,
VOKKALERI HOBLI,
KOLAR TALUK, KOLAR DISTRICT 563 101.
CHANDRAPPA S/O MUNIYAPPA,
SINCE DEAD BY L.R.'S,
RESPONDENT NO.4 & 5,
4. PRAMEELAMMA,
W/O LATE CHANDRAPPA,
AGED ABOUT 62 YEARS,
5. C. HARISH,
S/O LATE CHANDRAPPA,
AGED ABOUT 42 YEARS,
RESPONDENT NO.4 & 5 ARE
RESIDING AT POOJAPPANNAVARAMANE,
8TH CROSS, 2ND MAIN, WARD NO.150,
HALE BELLANDUR, BANGALORE EAST,
BENGALURU-560 067.
6. B.N.NATARAJ,
S/O LATE NANJUNDA GOWDA,
AGED ABOUT 70 YEARS,
7. H.G.RAMACHANDRA GOWDA,
S/O GOPALA GOWDA,
AGED ABOUT 67 YEARS,
8. G. DEVEGOWDA,
S/O GOPALAGOWDA,
AGED ABOUT 57 YEARS,
3
ASHWATHNARAYANA GOWDA,
S/O CHIKKAVEERE GOWDA,
SINCE DEAD BY HIS L.R.'S
RESPONDENT NO.9 TO 12
9. BHAGYAMMA,
W/O LATE ASHWATHNARAYANA GOWDA,
AGED ABOUT 76 YEARS,
10.B.A. VEENA,
D/O LATE ASHWATHNARAYANA GOWDA,
AGED ABOUT 53 YEARS,
11.B.A. VENUGOPAL,
S/O LATE ASHWATHNARAYANA GOWDA,
AGED ABOUT 50 YEARS,
12.B.A.VEERENDRA,
S/O LATE ASHWATHNARAYANA GOWDA,
AGED ABOUT 44 YEARS,
RESPONDENT NO.6 TO 12 ARE
RESIDING AT BANAKANAHALLI VILLAGE,
VOKKALERI HOBLI, KOLAR TALUK,
KOLAR DISTRICT-563 101.
13.MUNINARAYANA GOWDA,
S/O KRISHNA GOWDA,
AGED ABOUT 57 YEARS,
14.B.N.SOME GOWDA,
S/O NANJUNDE GOWDA,
AGED ABOUT 74 YEARS,
15.VISHWANATHA GOWDA,
S/O NANJUNDE GOWDA,
AGED ABOUT 72 YEARS,
16.B.N.NAGARAJ,
S/O NANJUNDE GOWDA,
AGED ABOUT 70 YEARS,
17.B.N.CHIDANANDA,
S/O NANJUNDE GOWDA,
AGED ABOUT 65 YEARS,
4
RESPONDENT NO.13 TO 17 ARE
RESIDING AT BANAKANAHALLI VILLAGE,
VOKKALERI HOBLI, KOLAR TALUK,
KOLAR DISTRICT-563 101.
...RESPONDENTS
(BY SRI.K.KESHAVA, ADVOCATE FOR R1 & R2;
SRI.M.THIMMARAYASWAMY, ADVOCATE FOR R3;
SRI.M.RAMA MOHAN, ADVOCATE FOR R4 & R5;
SRI.M.P.JAGANNATH, ADVOCATE FOR R6, R7, R11, R14,
R16 & R17;
R8, R9, R10,R12,R13, R15- SERVED)
THIS APPEAL IS FILED UNDER SECTION 96 OF THE CPC,.
AGAINST THE JUDGMENT AND DECREE DATED 20.12.2018
PASSED IN OS NO.553/2006 ON THE FILE OF THE II
ADDITIONAL SENIOR CIVIL JUDGE, KOLAR, DISMISSING THE
SUIT FOR PARTITION AND SEPARATE POSSESSION.
THIS APPEAL COMING ON FOR ORDERS THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
JUDGMENT
Learned counsel for the appellants has filed a
memo dated 22.06.2022 seeking leave of this Court to
withdraw the appeal. The said memo is placed on
record.
The Memo reads as under:
"The appellants submit that at the
instance of elders and well wishers the
matter is settled between the appellants
and respondents and the appellants prays
that this Honble court may be pleased to
dismiss the appeal as withdrawn since the
matter has been settled out of court."
In the light of the said memo, appeal stands
dismissed as withdrawn.
Sd/-
JUDGE
cbc
