Karnataka High Court
Sri K R Devappa vs Smt. K R Sharada on 17 March, 2022
Bench: G.Narendar, M.G.S. Kamal
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 17th DAY OF MARCH, 2022
PRESENT
THE HON'BLE MR.JUSTICE G.NARENDAR
AND
THE HON'BLE MR.JUSTICE M.G.S.KAMAL
REGULAR FIRST APPEAL NO. 581 OF 2020
BETWEEN:
1. SRI. K.R. DEVAPPA
S/O K. RAMAPPA
AGED ABOUT 62 YEARS
2. SRI.K.R. KRISHNA
S/O K. RAMAPPA
AGED ABOUT 58 YEARS
3. SRI. K.R.NARAYANA
S/O K. RAMAPPA
AGED ABOUT 56 YEARS.
4. SRI.K.R.SURESH
S/O K.RAMAPPA
AGED ABOUT 48 YEARS
ALL ARE AGRICULTURISTS
R/O HEMMAKKI VILLAGE AND
POST, KALASA HOBLI,
MUDIGERE TALUK
CHIKMAGALUR DISTRICT
PIN-577124. ....APPELLANTS
(BY SRI. RAVIKUMAR N.R. ADVOCATE)
2
AND:
1. SMT.K.R. SHARADA
W/O CHANDRASHEKAR
AGED ABOUT 63 YEARS
R/O KUNNAHALLI VILLAGE
HALASE POST
MUDIGERE TALUK
CHIKMAGALUR DISTRICT
PIN-577132.
2. SMT. K.R. PRABHAVATHI
W/O SHANKAR
AGED ABOUT 54 YEARS
R/O MAHALAGOODU VILLAGE
MAGUNDI POST
N.R. PURA TALUK
CHIKMAGALUR DISTRICT
PIN-577134.
3. SMT. K.R.SHOBA
W/O GOPAL
AGED ABOUT 48 YEARS
R/O GOWDAHALLI VILLAGE
& POST, MUDIGERE TALUK
CHIKMAGALUR DISTRICT
PIN-577132.
4. SMT. K.R. SAROJA
W/O NAGESH
AGED ABOUT 46 YEARS
R/O MAKKIHALLI VILLAGE AND POST
SAKALESHPURA TALUK
HASSAN DISTRICT
PIN-573134.
5. SMT. GOWRAMMA
W/O LATE K. RAMAPPA
AGED ABOUT 83 YEARS
R/O HEMMAKKI VILLAGE AND
POST, KALASA HOBLI,
MUDIGERE TALUK
CHIKMAGALUR DISTRICT
3
PIN-577132.
....RESPONDENTS
(BY SRI. CHIDAMBARA G.S. ADVOCATE FOR
R1 TO R4- VC; R5- SERVED, UNREPRESENTED)
THIS REGULAR FIRST APPEAL IS FILED UNDER SECTION
96(1) AND ORDER XLI RULES 1 AND 2 OF CPC AGAINST THE
DECREE DATED 01.04.2019 PASSED IN OS No.07/2016 ON THE
FILE OF THE SENIOR CIVIL JUDGE AND JMFC, MUDIGERE,
PARTLY DECREEING THE SUIT FOR PARTITION AND SEPARATE
POSSESSION.
THIS APPEAL COMING ON FOR ORDERS THIS DAY,
G. NARENDAR J, DELIVERED THE FOLLOWING:
JUDGMENT
Heard learned counsel for the appellants and
learned counsel for the respondents.
2. Memo for withdrawal of the appeal is
preferred and signed by the appellants and counter
signed by the learned counsel for the appellants.
3. A Joint Affidavit is also filed in the Court
along with memo for withdrawal. In Paragraph 3, it is
deposed that in the Final Decree Proceedings instituted
by the respondents in FDP No.06/2019 on the file of
Civil Judge and J.M.F.C, Mudigere, Parties have entered
into compromise and matter was settled in the Lok-
Adalath held on 18.12.2021. The terms of settlement
and order sheet is also enclosed. The same is taken on
record.
4. Amount in deposit shall be released in
favour of 4th respondent - Sri. K.R.Suresh, S/o K.
Ramappa, after affirming the identity and after
following due procedure.
5. Office shall ensure that the amount is
electronically transferred into the account of 4th
respondent-K.R.Suresh. In view of the above, office to
look in and refund the permissible Court Fee.
In view of the above, appeal is dismissed as
withdrawn.
Sd/-
JUDGE
Sd/-
JUDGE
RU
