Smt. Sarojamma vs Sri U.A. Sadashiva Holla
2023 Latest Caselaw 2264 Kant

                                              -1-
                                                         RSA No. 41 of 2020




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                            DATED THIS THE 18TH DAY OF APRIL, 2023

                                            BEFORE

                             THE HON'BLE MR JUSTICE H.P.SANDESH

                         REGULAR SECOND APPEAL NO. 41 OF 2020 (MON)

                   BETWEEN:

                   1.    SMT. SAROJAMMA
                         W/O. LATE Y. SIDDAPPA GOWDA
                         AGED ABOUT 71 YEARS,
                         OCC: AGRICULTURE AND HOUSE HOLD
                         R/O. DABBANAGADDE VILLAGE,
                         AT: YADAVANAKOPPA
                         POST: MAHISHI, HOBLI: MUTURU
                         TALUK: THIRTHAHALLI-577 432
                         DISTRICT: SHIMOGA-577 201

                         APPELLANT NO.1 EXPIRED AND LEGAL HEIRS OF
                         APPELLANT NO.1 ARE APPELLANT NOS.2 TO 4, WHO
                         ARE ALREADY ON REOCRD

Digitally signed
                         (AMENDED AS PER COURT ORDER DATED
by SHARANYA T            18.04.2023)
Location: HIGH
COURT OF
KARNATAKA          2.    MRS. PADMINI
                         D/O. LATE Y. SIDDAPPA GOWDA
                         AGED ABOUT 43 YEARS,
                         OCC: AGRICULTURE AND HOUSE HOLD
                         R/O. DABBANAGADDE VILLAGE
                         AT :YADAVANAKOPPA
                         POST: MAHISHI, HOBLI: MATURU
                         TALUK: THIRTHAHALLI-577 432.
                         DISTRICT: SHIMOGA-577 201

                   3.    MRS. NANDINI
                         D/O. LATE Y. SIDDAPPA GOWDA
                         AGED ABOUT 41 YEARS
                            -2-
                                      RSA No. 41 of 2020




     OCC: AGRICULTURE AND HOUSE HOLD
     R/O. DABBANAGADDE VILLAGE
     AT: YADAVANAKOPPA
     POST: MAHISHI, HOBLI: MUTURU
     TALUK: THIRTHAHALLI-577 432
     DISTRICT: SHIMOGA-577 201

4.   SMT. RAGINI
     D/O. LATE Y. SIDDAPPA GOWDA
     AGED ABOUT 38 YEARS,
     OCC: AGRICULTURE AND HOUSE HOLD
     R/O. DABBANAGADDE VILLAGE
     AT: YADAVANAKOPPA
     POST: MAHISHI HOBLI, MUTURU
     TALUK: THIRTHAHALLI-577 432
     DISTRICT: SHIMOGA-577 201.
                                         ...APPELLANTS

             (BY SRI. V.F. KUMBAR, ADVOCATE)
AND:

1.   SRI U.A. SADASHIVA HOLLA
     S/O. LATE ANANTHA HOLLA
     AGED ABOUT 68 YEARS,
     OCC: NOT KNOWN
     R/O. "KAVERI" MAIN ROAD
     SHARAVATHI NAGARA
     SHIVAMOGGA CITY-577 201
     DISTRICT: SHIVAMOGGA -577 201.

2.   SRI M. CHINNAPPA
     S/O. MUNAPPA
     AGED ABOUT 72 YEARS
     OCC: AGRICULTURE
     R/O: HIG-2, VINOBHANAGARA
     SHIMOGA CITY-577 201
     DISTRICT: SHIMOGA-577 201.
                                         ...RESPONDENTS

         (BY SRI. S.V.PRAKASH, ADVOCATE FOR R1)
                                  -3-
                                          RSA No. 41 of 2020




     THIS RSA IS FILED UNDER SEC.100 OF CPC AGAINST
THE JUDGMENT AND DECREE DATED 01.07.2019 PASSED IN
R.A.NO.90/2018 ON THE FILE OF THE PRL. DISTRICT JUDGE,
SHIVAMOGGA     PARTLY   ALLOWING    THE   APPEAL   AND
MODIFYING THE JUDGMENT AND DECREE DATED 11.10.2018
PASSED IN O.S.NO.3/2016 ON THE FILE OF THE SENIOR CIVIL
JUDGE AND JMFC, THIRTHAHALLI.
    THIS APPEAL COMING ON FOR ORDERS THIS DAY, THE
COURT DELIVERED THE FOLLOWING:

                          JUDGMENT

Learned counsel for the appellants has filed a memo for

withdrawal of the appeal along with the copy of joint memo and

order sheet to show that the matter has been settled between

the parties.

In view of the memo, the appeal is dismissed as

withdrawn.

In terms of the compromise entered into between the

parties, the amount, which is in deposit to the tune of

Rs.3,83,943/- is ordered to be paid in favour of the appellant

No.3 on proper identification.

The Registry is directed to refund the Court fee, in

accordance with law.

Sd/-

JUDGE ST