Dr K T Venkatesh vs Smt Basamma
2022 Latest Caselaw 11573 Kant

                             1


       IN THE HIGH COURT OF KARNATAKA AT BENGALURU

         DATED THIS THE 5TH DAY OF SEPTEMBER, 2022

                          BEFORE

    THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM

               R.S.A.NO.963 OF 2021 (MON)

BETWEEN:

1. DR. K.T. VENKATESH
S/O THIMMAPPA
AGED ABOUT 49 YEARS
R/AT PUNYAKSHETHRA
AYURVEDIC HOSPITAL LAKSHMEESHA NAGARA
KADUR TOWN, CHIKKAMAGALURU DISTRICT
PIN CODE - 577548

2. SMT. G R MAMATHA
W/O DR K T VENKATESH
AGED ABOUT 45 YEARS
R/AT LAKSHMEESHA NAGARA
KADUR TOWN, CHIKKAMAGALURU DISTRICT
PIN CODE - 577548

                                              ...APPELLANTS

(BY SRI.CHANDAN.K, ADVOCATE FOR SRI. AMIT DESHPANDE,
ADVOCATE)

AND:

1. SMT. BASAMMA
W/O LATE RUDRAPPA
AGED ABOUT 65 YEARS
                            2


2. SMT. YAMUNA
D/O LATE RUDRAPPA
W/O GURUMURTHY
AGED ABOUT 45 YEARS

3. SMT. SOUMYA
D/O LATE RUDRAPPA
W/O RAVIKUMAR
AGED ABOUT 38 YEARS

4. SMT. RASHMI
D/O LATE RUDRAPPA
W/O PRADEEP
AGED ABOUT 36 YEARS

ALL R/O CHIKKAPATTANAGERE VILLAGE
PATTANAGERE POST, KASABA HOBLI,
KADURU TALUK, CHIKKAMAGALURU DISTRICT
PIN CODE - 577548

5. SMT. SHIVAGANGA,
W/O MALLIKARJUNA
D/O LATE RUDRAPPA
AGED ABOUT 47 YEARS
CHANNAPURA VILLAGE, KASABA HOBLI,
KADURU TALUK, CHIKKAMAGALURU DISTRICT
PIN CODE - 577548

6. SMT. ANITHA
W/O ESHWARAPPA
D/O LATE RUDRAPPA
AGED ABOUT 43 YEARS
R/O KALLAHALLI VILLAGE
ARASIKERE TALUK, HASSAN DISTRICT
PINCODE - 573103.

7. SMT. SUMA
W/O VIJAYAKUMAR
D/O LATE RUDRAPPA
                                 3


AGED ABOUT 41 YEARS
NIDAGHATTA VILLAGE
SAKHARAYAPATTANA HOBLI, KADURU TALUK
CHIKKAMAGALURU DISTRICT
PIN CODE - 577548

                                              ...RESPONDENTS

(R1, 2, 5-7 ARE SERVED & UNREPRESENTED)

     THIS RSA IS FILED UNDER SEC.100 OF CPC., AGAINST THE
JUDGMENT AND DECREE DATED 02.01.2021 PASSED IN
RA.NO.6/2018 ON THE FILE OF THE SENIOR CIVIL JUDGE, KADUR,
DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND
DECREE DATED 15.12.2017 PASSED IN OS.NO.480/2012 ON THE
FILE OF THE II ADDITIONAL CIVIL JUDGE AND JMFC, KADUR.

    THIS APPEAL COMING ON FOR ORDERS THIS DAY, THE
COURT DELIVERED THE FOLLOWING:

                          JUDGMENT

Learned counsel for the appellants submits that the

matter is amicably settled out of Court and therefore, he has

instructions to withdraw the appeal. A memo is filed to that

effect indicating settlement. Along with the memo, a copy of

execution proceedings in Execution Petition No.22/2021 is also

placed on record which clearly indicates that execution

proceedings is closed as fully satisfied.

Memo along with requisite documents annexed thereto

are taken on record.

This regular second appeal is disposed of in terms of

memo. The appellant is entitled to seek refund in accordance

with law.

Sd/-

JUDGE

CA