Sri R Venkataramana Swamy vs Sri R Satyanarayana Swamy
2022 Latest Caselaw 5386 Kant

                            1


     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

        DATED THIS THE 24TH 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.1701/2017

BETWEEN:

SRI R VENKATARAMANA SWAMY
S/O LATE M RANGAPPA
AGED ABOUT 6O YEARS
R/AT NO 1726, 6TH CROSS,
6TH MAIN, JUDICIAL LAYOUT,
G K V K POST, BENGALURU - 560065.

SINCE DEAD BY HIS LR'S:
 1(a) RASHMI V SWAMY
      D/O LATE SRI R.VENKATARAMANA SWAMY
      W/O SRI RAMESH BABU
      AGED ABOUT 38 YEARS
      R/AT NO.64/, MAALIGE KEMPANNA BUILDING
      3RD CROSS, 3RD LONG ROAD,
      KHB COLONY, GANDHINAGAR
      YELAHANKA, BENGALURU- 560 064.

1(b) RAGHAVENDRA V
     S/O LATE SRI R.VENKATARAMANA SWAMY
     AGED ABOUT 36 YEARS
     R/AT NO.5/184, 2ND CROSS
     PUSHKARANI ROAD,
     YELAHANKA, BENGALURU- 560 064.
                                           ... APPELLANTS

(BY SRI SOMASHEKHARA.K.M, ADV.)
                                 2


AND:

1.     SRI R SATYANARAYANA SWAMY
       S/O LATE M RANGAPPA
       AGED ABOUT 63 YEARS

2.     SMT VARALAKSHMAMMA
       WIFE OF R SATYANARAYANA SWAMY
       AGED ABOUT 56 YEARS

BOTH ARE RESIDING AT NO 1114,
15TH B CROSS, B SECTOR,
YELAHANKA NEW TOWN
BENGALURU - 560106.

3.     SMT. NAGALAKSHMI K
       WIFE OF R VENKATARAMANASWAMY
       AGED ABOUT 50 YEARS
       RESIDING AT NO 390,
       MASIDI ROAD, 2ND CROSS,
       NEAR BBMP OFFICE,
       YELAHANKA OLD TOWN,
       BENGALURU - 560064

4.     SRI D NAGARAJAPPA
       SON OF S Y DASAPPA
       AGED ABOUT 53 YEARS
       RESIDING AT NO.72,
       3RD CROSS, 3RD MAIN,
       BANASHANKARI 1ST STAGE
       ASHOK NAGAR, BENGALURU - 560050.
                                                 ... RESPONDENTS

       (Amendment carried out as per the order
       of this Court dated 17.01.2022)


     THIS REGULAR FIRST APPEAL IS FILED UNDER SECTION
96 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED
01.07.2017 PASSED IN O.S.NO.1/2013 ON THE FILE OF THE XX
ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BANGALORE,
                                 3


DISMISSING THE        SUIT    FOR   PARTITION    AND   SEPARATE
POSSESSION.

     THIS REGULAR FIRST APPEAL COMING ON FOR 'ORDERS'
THIS DAY, G.NARENDAR J, DELIVERED THE FOLLOWING:

                             JUDGMENT

Memo is preferred by the legal representatives of the

appellant praying that the Court be pleased to dismiss the

appeal as withdrawn, as they have settled the matter out of

the Court.

2. Memo is taken on record.

3. Appeal is dismissed as withdrawn.

4. Office to draw-up a decree accordingly and refund

the permissible Court fee.

In view of disposal of the appeal, I.A. if any, does not

survive for consideration and is accordingly disposed off.

Sd/-

JUDGE

Sd/-

JUDGE Chs CT-HR