Karnataka High Court
Sri S Madaiah vs Smt Jayamma W/O Late M D Veeraiah on 10 March, 2022
Bench: R. Nataraj
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 10TH DAY OF MARCH, 2022
BEFORE
THE HON'BLE MR.JUSTICE R. NATARAJ
R.S.A. NO. 1005 OF 2012 (POS)
BETWEEN:
SRI S MADAIAH
S/O LATE DODDAVEERAIAH
AGED ABOUT 61 YEARS
DOOR NO.CH.25, 11TH CROSS
ASHOKAPURAM, MYSORE CITY.
...APPELLANT
(BY SRI. NAVEEN KUMAR, ADVOCATE FOR
SRI. A. MADHUSUDHANA RAO, ADVOCATE )
AND:
1. SMT. JAYAMMA
W/O LATE M.D. VEERAIAH
SINCE DEAD BY HER LRS
RESPONDENT NO.2 TO 6
ARE ALREADY ON RECORD.
SURESH
SINCE DEAD BY HIS LRS
2. SMT. SUJATHA
W/O LATE SURESH
AGED ABOUT 38 YEARS
3. MASTER ARJUN
S /O LATE SURESH
AGED ABOUT 13 YEARS
4. MASTER GOWTHAM
S/O LATE SURESH
AGED ABOUT 10 YEARS
2
RESPONDENTS NO.3 AND 4 ARE
MINORS REPRESENTED BY THEIR
MOTHER - RESPONDENT NO.2
RESPONDENTS NO.2 TO 4 ARE
R/AT HIND PORTION OF DOOR NO.CH.25,
11TH CROSS, ASHOKA PURAM,
MYSORE-570024.
5. SRI. RAJESH
S/O LATE M.D. VEERAIAH,
AGED ABOUT 42 YEARS
6. SMT. KUMARI
W/O CHANDRASHEKARAIAH,
AGED ABOUT 37 YEARS
RESPONDENTS NO.5 AND 6 ARE
R/AT DOOR NO.CH.34,
12TH CROSS, ASHOKA PURAM,
MYSORE-570024.
7. SMT. DOODACHAMAMMA
W/O LATE RAMANNA
AGED ABOUT 57 YEARS
8. SRI. PRAKASH
S/O LATE D. RAMANNA
AGED ABOUT 37 YEARS
9. SRI. NAGARAJU
S/O LATE D. RAMANNA
AGED ABOUT 37 YEARS
10. SMT. ANUSUYA
D/O D. RAMANNA
AGED ABOUT 41 YEARS
RESPONDENTS NO.7 TO 8 ARE
R/AT DOOR NO.2036, 8TH CROSS,
ASHOKPURAM, MYSORE-570024.
3
PAPAIAH
SINCE DEAD BY HIS LRS
11. SRI. CHETHAN
S/O LATE PAPAIAH
AGED ABOUT 22 YEARS
12. SRI. SHARATH
S/O LATE PAPAIAH
AGED ABOUT 20 YEARS
RESPONDENTS NO.11 AND 12 ARE
R/AT D.NO.CH 25, 11TH CROSS,
ASHOKPURAM, MYSORE-570024.
13. SRI. LOKESHMURTHY
S/O LATE DODDAVEERAIAH
AGED ABOUT 51 YEARS
14. SRI. MAHADEVA
SINCE DEAD BY LRS
HIS LRS IS APPELLANT
AND RESPONDENT NO.13 ARE THE
LEGAL HEIRS OF RESPONDENT NO.14
R/AT DOOR NO 25, 11TH CROSS,
ASHOKAPURAM, MYSORE-570024.
15. SRI. G.M. PATEL
S/O M.G. PATEL
AGED ABOUT 42 YEARS
R/AT NO.22/1, 3RD STAGE,
4TH MAIN ROAD,
3RD CROSS, GOKULAM,
MYSORE-570024.
16. SRI. D.PRATHAP
S/O LATE DORESWAMY,
As per the Court order
AGED ABOUT 37 YEARS,
dated 6.12.2017
R/AT NO.1670, 10TH CROSS, amendment carried
ASHOKAPURAM, KHILLE MAHALLA, out.
MYSORE-570 008.
...RESPONDENTS
4
(BY SRI. S.VISWESWARAIAH, ADVOCATE FOR R-15,
SRI. C.V.SHEELVANTH, ADVOCATE FOR R-16 (THROUGH VC);
VIDE ORDER DATED 06.12.2017 SERVICE OF NOTICE TO R-11
TO R-13 ARE HELD SUFFICIENT,
VIDE ORDER DATED 23.09.15 R-2 TO R-6 LR'S OF DECEASED
R-1;
NOTICE SERVED ON R-2 AND UNREPRESENTED;
R-3 AND R-4 ARE MINORS REPRESENED BY R-2,
NOTICE SERVED ON R-5 TO R-10 AND UNREPRESENTED)
THIS R.S.A. IS FILED UNDER SECTION 100 OF CODE OF
CIVIL PROCEDURE, 1908 AGAINST THE JUDGMENT AND
DECREE DATED 17.12.2011 PASSED IN R.A.NO.1051/2010 ON
THE FILE OF THE PRESIDING OFFICER OF FAST TRACT COURT-
IV AT MYSORE, DISMISSING THE APPEAL AND MODIFYING THE
JUDGMENT AND DECREE DATED 17.12.2008 PASSED IN
O.S.NO.1073/2005 ON THE FILE OF I ADDL. CIVIL JUDGE
(JR.DN), MYSORE.
THIS R.S.A. COMING ON FOR ORDERS THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
JUDGMENT
Learned counsel for the appellant submits that the
dispute is settled out of Court and hence the appeal may
be dismissed as withdrawn.
In view of the memo filed by the learned counsel for
the appellant, the appeal is dismissed as withdrawn.
Sd/-
JUDGE
hdk
