Karnataka High Court
Sri. H.S. Kempaiah vs Sri. H.S. Nanjappa on 18 April, 2023
Bench: H.P.Sandesh
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RSA No. 1225 of 2019
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. 1225 OF 2019 (PAR)
BETWEEN:
SRI. H.S. KEMPAIAH
SINCE DECEASED BY HIS LRS.,
1. SMT. NAGAMMA,
AGED ABOUT 67 YEARS,
W/O. LATE H.S. KEMPAIAH,
R/AT HAGALAHALLI VILLAGE,
RAMANAGARA TALUK,
RAMANAGARA DISTRICT-562 128.
2. SMT. SUKANYA
AGED ABOUT 49 YEARS,
W/O. SHIVARUDRAPPA,
D/O. LATE H.S. KEMPAIAH,
R/AT KANNASANDRA VILLAGE,
Digitally signed
by SHARANYA T SOLUR HOBLI,
Location: HIGH MAGADI TALUK,
COURT OF RAMANAGARA DISTRICT-562 127.
KARNATAKA
3. SRI H.K. ADAVEESHAIAH
AGED ABOUT 55 YEARS,
S/O. LATE H.S. KEMPAIAH,
R/AT HAGALAHALLI VILLAGE,
RAMANAGARA TALUK,
RAMANAGARA DISTRICT-562 128.
4. SRI H.K. RENUKAPPA
AGED ABOUT 53 YEARS,
S/O. LATE H.S. KEMPAIAH,
R/AT HAGALAHALLI VILLAGE,
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RSA No. 1225 of 2019
RAMANAGARA TALUK,
RAMANAGARA DISTRICT-562 128.
5. SRI H.K.NITHYANANDA MURTHY
AGED ABOUT 49 YEARS,
S/O. LATE H.S. KEMPAIAH,
R/AT HAGALAHALLI VILLAGE,
RAMANAGARA TALUK,
RAMANAGARA DISTRICT-562 128.
...APPELLANTS
(BY SRI. ABHINAV RAMANAND A., ADVOCATE)
AND:
SRI. H.S. NANJAPPA
SINCE DECEASED BY HIS LRS.,
1. SMT. SARVAMANGALA H.S.,
AGED ABOUT 66 YEARS,
W/O. LATE NANJAPPA,.
2. SRI RENUKPRASAD H.S.
AGED ABOUT 47 YEARS,
S/O. LATE NANJAPPA,
RESPONDENTS NO.1 & 2 ARE
R/AT NO.30, 3RD MAIN ROAD,
2ND CROSS, KALYANA NAGARA,
NAGARABHAVI MAIN ROAD,
BENGALURU-560 072.
SMT. MANGALAMMA
SINCE DECEASED BY HER LRS.,
3. SMT. H.R. PREMA KUMARI,
AGED ABOUT 62 YEARS,
D/O. MANGALAMMA,
4. SRI H.R. SHIVA KUMAR
AGED ABOUT 60 YEARS,
S/O. MANGALAMMA,
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RSA No. 1225 of 2019
5. SRI H.R. SURENDRA
AGED ABOUT 58 YEARS,
S/O. MANGALAMMA,
RESPONDENTS NO.3 TO 5 ARE
ALL R/AT NO.40, 40TH "A" MAIN ROAD,
"B" CROSS, KALAYANA NAGAR,
NAGARABHAVI ROAD,
BENGALURU-560 072.
6. SRI SHIVANANDAPPA
AGED ABOUT 69 YEARS,
S/O. H.G. CHANNAPPA &
SMT. SIDDAMMA,
R/AT GONIPURA VILLAGE AND POST,
KUMBALAGODU,
BENGALURU SOUTH-560 074.
7. SMT. G.C. CHANNAMMA
AGED ABOUT 65 YEARS,
D/O.H.G. CHANNAPPA &
SMT. SIDDAMMA,
R/AT NO.2293, 13TH "A" MAIN ROAD,
R.P.C. LAYOUT, VIJAYANAGAR,
BENGALURU-560 040.
8. SMT. G.C. JAGADAMBHA
AGED ABOUT 62 YEARS,
D/O. H.G. CHANNAPPA &
SMT. SIDDAMMA,
R/AT NO.2261,
13TH "B" MAIN ROAD,
R.P.C. LAYOUT, VIJAYANAGAR,
BENGALURU-560 040.
9. SMT. G.C. PREMALATHA
AGED ABOUT 67 YEARS,
D/O. H.G. CHANNAPPA &
SMT. SIDDAMMA,
R/AT NO.8/7, 3RD MAIN ROAD,
BENGALURU-560 040.
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RSA No. 1225 of 2019
10. SMT. G.C. CHANDRAKALA
AGED ABOUT 55 YEARS,
D/O. H.G. CHANNAPPA &
SMT. SIDDAMMA,
R/AT NO.203, 4TH "C" ROAD,
WIVERS LAYOUT, VIJAYANAGAR,
BENGALURU-560 040.
...RESPONDENTS
(BY SRI. M.G.RAVISHA, ADVOCATE FOR R2;
R1, R3 AND R4 ARE SERVED)
THIS RSA IS FILED UNDER SECTION 100 OF CPC,
AGAINST THE JUDGMENT AND DECREE DATED 16.11.2018
PASSED IN R.A.NO.118/2012 ON THE FILE OF THE
ADDITIONAL SENIOR CIVIL JUDGE, RAMANAGARA, ALLOWING
THE APPEAL AND SETTING ASIDE THE JUDGMENT AND DECREE
DATED 27.09.2012 PASSED IN O.S.NO.123/2005 ON THE FILE
OF THE PRINCIPAL CIVIL JUDGE AND JMFC, RAMANAGARA.
THIS APPEAL COMING ON FOR ORDERS THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
JUDGMENT
Learned counsel for the appellants has filed a memo
stating that the parties to the present appeal have amicably
settled the 'lis' between them by filing a compromise petition
under Order XXIII, Rule 3 read with Section 151 of the Code of
Civil Procedure, 1908 in the Final Decree Proceedings in
F.D.P.No.1/2021.
RSA No. 1225 of 2019
In view of the memo, the appeal is dismissed as
withdrawn as having become infructuous.
Sd/-
JUDGE
ST
