Smt Shamanthakamani vs Smt Kausalya
2023 Latest Caselaw 5361 Kant

                                                 -1-
                                                            NC: 2023:KHC:27720-DB
                                                                RFA No. 940 of 2018




                         IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                              DATED THIS THE 7TH DAY OF AUGUST, 2023

                                              PRESENT

                            THE HON'BLE MR JUSTICE P.S.DINESH KUMAR
                                                 AND
                        THE HON'BLE MR JUSTICE T.G. SHIVASHANKARE GOWDA

                         REGULAR FIRST APPEAL NO. 940 OF 2018 (PAR)

                   BETWEEN :
Digitally signed
by ANUSHA V        SMT. SHAMANTHAKAMANI
Location: HIGH     W/O MANJUNATH B.B.
COURT OF           AGED ABOUT 58 YEARS
KARNATAKA          PRESENTLY R/AT NO. 58/1
                   3RD CROSS, 2ND MAIN
                   ITTAMADU, BSK 3RD STAGE
                   BENGALURU-560 085.                                 ...APPELLANT

                   (BY SHRI. K.G. SADASHIVAIAH, ADVOCATE)

                   AND :

                   1.   SMT. KAUSALYA
                        W/O KRISHNA MURTHY
                        AGED ABOUT 67 YEARS
                        PRESENTLY R/AT NO. F00-1, F00-2
                        KEB ROAD, TERESA GARDEN
                        APARTMENT, ITTAMADU
                        BENGALURU-560 085.

                   2.   SMT. VATSALA
                        W/O NARAYAN
                        AGED ABOUT 65 YEARS
                        R/AT NO. 2880, 2ND MAIN
                        5TH CROSS, AVALAHALLI LAYOUT
                        BSK 3RD STAGE
                        BENGALURU-560 085.

                   3.   SMT. MANJULA
                        W/O RENUKESHWAR
                        AGED ABOUT 59 YEARS
                                  -2-
                                             NC: 2023:KHC:27720-DB
                                                 RFA No. 940 of 2018




     R/AT NO. 1097, I F MAIN
     2ND PHASE, GIRINAGAR
     BENGALURU-560 085.

4.   THE REVENUE OFFICER
     BASAVANAGUDI RANGE
     BRUHATH BENGALURU
     MAHANAGARA PALIKE
     BENGALURU-560 004.                             ...RESPONDENTS

(BY SHRI. H.S. PRADEEP, ADVOCATE FOR R1 TO R3 [ABSENT])
                                ....
      THIS RFA IS FILED UNDER ORDER 41 RULE 1 R/W. SEC.96 OF
THE CPC., AGAINST THE JUDGMENT AND DECREE DATED 02.04.2018
PASSED IN OS NO. 920/2010 ON THE FILE OF THE LII ADDL.CITY
CIVIL AND SESSIONS JUDGE, BENGALURU PARTLY DECREEING THE
SUIT FOR PARTITION AND SEPARATE POSSESSION AND ETC.

     THIS  RFA, COMING      ON   FOR   ORDERS,          THIS    DAY,
P.S.DINESH KUMAR, J., DELIVERED THE FOLLOWING:

                              JUDGMENT

Shri. K.G. Sadashivaiah, learned Advocate for the

appellant submits that the parties have settled the dispute in

FDP No.2/2019 before the City Civil Court, Bengaluru. He

has filed a Memo of even date to the said effect.

2. Appellant is present before the Court and

identified by Shri. Sadashivaiah, learned Advocate for the

appellant.

NC: 2023:KHC:27720-DB RFA No. 940 of 2018

3. Memo be kept in record. Appeal is dismissed as

having become infructuous.

4. In view of dismissal of this appeal, I.A. No.1/2023

does not survive for consideration and the same is disposed

of.

No costs.

Sd/-

JUDGE

Sd/-

JUDGE

SPS