Smt. Rajeevi vs Mrs Vedavathi
2023 Latest Caselaw 5424 Kant

                                      -1-
                                                     NC: 2023:KHC:27937
                                                   RFA No. 1375 of 2017




                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. 1375 OF 2017 (RES)
           BETWEEN:

           1.    SMT. RAJEEVI
                 W/O RAMA MOOLYA
                 HINDU, AGED 76 YEARS,
                 R/AT D.NO.6-41,
                 SANKOLIGE HOUSE,
                 POST SOMESHWARA,
                 UCHILA, MANGALURU D.K- 575 023.

           2.    MR. SHANKAR.S
                 S/O RAMA MOOLYA
                 HINDU, AGED 54 YEARS,
                 R/AT D.NO.6-41,
                 SANKOLIGA HOUSE,
                 POST SOMESHWARA
Digitally        UCHILA, MANGALURU D.K-575 023.
signed by
CHAITHRA A
Location:  3.    MRS. ANITHA
HIGH             W/O PURANDARA KETHIKALLU,
COURT OF         D/O RAMA MOOLYA,
KARNATAKA
                 HINDU, AGED 50 YEARS,
                 R/AT NEAR SHREE
                 AMRUTHESHWARA TEMPLE
                 VAMANJOOR, MANGALURU D.K-575028.
                                                          ...APPELLANTS
           (BY SRI. O.SHIVARAMA BHAT, ADVOCATE)
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                                        NC: 2023:KHC:27937
                                     RFA No. 1375 of 2017




AND:

1.   MRS VEDAVATHI
     W/O GOPALA BANGERA,
     D/O MONAPPA MOOLYA
     HINDU, AGED 46 YEARS,
     R/AT MITHAKODY HOUSE,
     POST KURNAD, BANTWAL TALUK D.K
     PIN CODE-574 211.

2.   MR. SUNIL U.M
     S/O MONAPPA MOOLYA,
     AGED 44 YEARS,
     R/AT D.NO.6-41/A, BHAGIRATHI NILAYA,
     SANKOLIGE POST, SOMESHWAR UCHIL,
     MANGALORE D.K-575 023.

3.   MR. PRASHANTH
     S/O MONAPPA MOOLYA
     AGED 43 YEARS
     R/AT D.NO.6-41/A, BHAGIRATHI NILAYA,
     SANKOLIGE POST,
     SOMESHWAR UCHIL,
     MANGALORE D.K.-575 023.

4.   SMT. INDIRA
     W/O BABU SALIAN,
     D/O LATE RAMA MOOLYA,
     AGED 53 YEARS,
     R/AT THEVUKAD HOUSE,
     MERAMAJAL POST,
     FARANGIPETE, BANTWAL D.K-574143.
                                            ...RESPONDENTS
(BY SRI.ABHISHEK MARLA, ADVOCATE FOR R1 TO R3;

R4 SERVED)
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                                       NC: 2023:KHC:27937
                                     RFA No. 1375 of 2017




     THIS RFA IS FILED UNDER SEC.96 ORDER XLI RULE 1 OF
CPC., AGAINST THE JUDGMENT AND DECREE DATED
27.06.2016 PASSED BY THE PRINCIPAL SENIOR CIVIL JUDGE &
CJM, MANGALORE IN FDP.NO.12/2014 AND THEREBY ALLOW
THIS APPEAL BY REJECTING THE COMMISSIONERS REPORT
AND PASS A FRESH DIVISION OF SCHEDULE 'A' TO 'C'
PROPERTIES.

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

Learned counsel for the appellants has filed a memo

seeking withdrawal of the appeal on the ground that the

matter is settled out of Court.

Submission and memo is taken on record.

In view of the memo, the appeal is dismissed as

withdrawn.

Sd/-

JUDGE

CA