Sri Syed Abdul Basith vs Smt. Dr. S. Mohan @ Mohanambal
2023 Latest Caselaw 5422 Kant

                                       -1-
                                                    NC: 2023:KHC:27899
                                                    RFA No. 26 of 2021




                  IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                     DATED THIS THE 8TH DAY OF AUGUST, 2023

                                     BEFORE
                      THE HON'BLE MR JUSTICE K.NATARAJAN
                  REGULAR FIRST APPEAL NO.26 OF 2021 (DEC/POS)
             BETWEEN:

             1.    SRI SYED ABDUL BASITH
                   S/O LATE SYED AKBER SAHEB
                   AGED ABOUT 72 YEARS
                   R/A NO.4/44/1, 7TH CROSS,
                   MARUTHI NAGAR,
                   NAGAVARA, KALYAN NAGAR POST
                   BANGALORE-560043.

             2.    SMT PARVATI ANAND GOUDAR
                   W/O LATE MR A N S GOUDAR
                   AGED ABOUT 60 YEARS
                   R/A NO.55, 4TH CROSS
                   VIJAYALAKSHMI LAYOUT
Digitally          ABBIGERE, BENGALURU-560090
signed by
CHAITHRA A
Location:        PRESENTLY R/A NO.430, 8TH CROSS
HIGH             NEAR VASAVI TEMPLE, MAHALAKSHMI LAYOUT
COURT OF         BENGALURU-560086
KARNATAKA                                             ...APPELLANTS
             (BY SRI. V.S.HEGDE, ADVOCATE &
             SRI.N.R.RAGHAVENDRA, ADVOCATE)


             AND:

             1.    SMT. DR. S. MOHAN @ MOHANAMBAL
                   D/O D SARANGAPANI
                   AGED ABOUT 60 YEARS
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                                     NC: 2023:KHC:27899
                                     RFA No. 26 of 2021




     R/A NO.11, PISCO 3C
     BARCELONA-08015
     REPRESENTED BY HER GPA HOLDER
     SMT VIJAYAKUMARI
     D/O LATE D SARANGAPANI
     AGED ABOUT 53 YEARS
     R/A NO.18/1, VEERANNA GARDEN
     A STREET, FRAZER TOWN
     BENGALURU-560005

2.   SMT NARAYANAMMA
     W/O LATE NARAYANAPPA
     AGED ABOUT 75 YEARS

3.   SRI H N KRISHNAMURTHY
     S/O LATE NARAYANAPPA
     AGED ABOUT 62 YEARS

4.   SRI H N RAMACHANDRA
     S/O LATE NARAYANAPPA
     AGED ABOUT 55 YEARS

5.   SRI H N MUNE GOWDA
     S/O LATE NARAYANAPPA
     AGED ABOUT 53 YEARS

     THE RESPONDENTS NO.2 TO 5 ARE
     R/A HENNUR VILLAGE
     KALYAN NAGAR POST
     BENGALURU-560043
                                         ...RESPONDENTS
(BY SRI. MUNIYAPPA, ADVOCATE FOR C/R1;
R2, R4 & R5 SERVED)


     THIS RFA IS FILED UNDER SEC.96 READ WITH ORDER
XLI OF CPC. , PRAYS TO CALL FOR RECORDS FROM JUDGMENT
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                                          NC: 2023:KHC:27899
                                          RFA No. 26 of 2021




AND DECREE PASSED BY THE XXVIII ADDITIONAL CITY CIVIL
JUDGE, AT MAYO HALL UNIT (CCH-29), IN OS 25479/2007
DATED: 10.11.2020, AND SET ASIDE THE JUDGMENT AND
DECREE PASSED IN OS.25479/2007 DATED: 10.11.2020, BY
ALLOWING THE ABOVE APPEAL, IN THE INTEREST OF JUSTICE
AND EQUITY.

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

Learned counsel for the appellants and learned

counsel for the have filed a joint memo stating that the

matter is settled between the parties out of Court.

Submission and memo is placed on record.

The appeal is dismissed as not pressed in view of

settlement between the parties.

Office is directed to send back the records to the trial

Court immediately and refund the court fee as per law.

I.A.No.1/2020 does not survive for consideration and

stands disposed of.

Sd/-

JUDGE

CA