Karnataka High Court
Sri Suresh Kumar vs Sri K C Ashwathanarayana Setty on 15 December, 2023
Author: P.S.Dinesh Kumar
Bench: P.S.Dinesh Kumar
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NC: 2023:KHC:45836-DB
RFA No. 448 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 15TH DAY OF DECEMBER, 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. 448 OF 2023 (DEC/INJ)
BETWEEN:
1. SRI. SURESH KUMAR,
S/O LATE V. S. SUBRAMANIAN,
AGED ABOUT 58 YEARS,
2. SMT. GAYATHRI KUMAR,
W/O SRI. SURESH KUMAR,
AGED ABOUT 58 YEARS,
BOTH ARE R/AT NO.6H (5608),
BLOCK NO.5, "VEDAVATHI",
6TH FLOOR, NANDI ENCLAVE,
2ND CROSS, BSK III STAGE,
Digitally signed by
MALA K N III PHASE, II BLOCK,
Location: HIGH COURT BENGALURU - 560 085.
OF KARNATAKA
PRESENTLY R/AT
NO.25039, S.E, 40TH DRIVE,
ISSAQUATH, WASHINGTON, USA - 98029.
BOTH ARE REPRSENTED BY
THEIR GPA HOLDER,
BY SRI. PRABHU UDDI,
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RFA No. 448 of 2023
S/O LATE DODDABASAPPA UDDI,
AGED ABOUT 77 YEARS,
R/AT NO.4, "HOMBAL",
CHALUKYA NAGARA,
NAGARABHAVI ROAD,
BENGALURU - 560 072.
...APPELLANTS
(BY SRI. SHARATH S. GOWDA, ADVOCATE)
AND:
1. SRI. K. C. ASHWATHANARAYANA SETTY,
S/O LATE CHALUVARAYA SETTY,
AGED ABOUT 90 YEARS,
R/AT NO. 2805, 15TH CROSS,
8TH 'B' MAIN, BANASHANKARI III STAGE,
BENGALURU - 560 070.
2. SRI. G. V. RAVINDRA REDDY,
S/O G.V. REDDY,
AGED ABOUT 55 YEARS,
R/AT NO.26, 4TH CROSS,
III STAGE, BINNY LAYOUT,
VIJAYANAGARA, BENGALURU - 560 040.
3. REMCO (BHEL) HOUSE BUILDING
CO-OPERATIVE SOCIETY LIMITED,
NO.364, 5TH MAIN ROAD,
RPC LAYOUT, VIJAYANAGAR
II STAGE, BENGALURU - 560 040.
REPRESENTED BY ITS DIRECTOR,
SRI. G.J. SURESH,
S/O OF LATE GOPAL PILLAI,
AGED ABOUT 73 YEARS,
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RFA No. 448 of 2023
4. SRI. BASAVARAJAIAH,
S/O LATE PATEL NANJUNDAPPA,
AGED ABOUT 77 YEARS,
R/AT NO.66, MANJUNATHA NILAYA,
8TH CROSS, GAJANANA NAGARA,
VISHWANEEDAM POST,
HEGGANAHALLI CROSS,
BENGALURU - 560 091.
5. SRI. N. PUTTASHANKARAPPA,
S/O LATE PATEL NANJUNDAPPA,
AGED ABOUT 72 YEARS,
R/AT MANJUNATHA NILAYA,
13TH CROSS, SIT MAIN ROAD,
TUMAKURU TOWN - 572 102.
6. SRI. HAREESH KUMAR,
S/O NANJUNDAPPA,
AGED ABOUT 41 YEARS,
R/AT 8/72, PATTANAGERE VILLAGE,
R.R.NAGAR, BENGALURU - 560 098.
7. SRI. J. RAVINDRA BABU,
S/O LATE A. JAYARAMAIAH,
AGED ABOUT 52 YEARS,
R/AT NO.225, 6TH CROSS,
2ND MAIN, PRAKASHNAGAR,
BENGALURU - 560 021.
8. SMT. N. JAYAMMA,
W/O A. M. SHIVANANJAIAH,
MAJOR IN AGE,
R/AT NO.94, NV HALLI,
RAJARAJESHWARINAGARA,
BENGALURU - 560 098.
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RFA No. 448 of 2023
9. SRI. N. RAJANNA,
S/O SRI. MAHADEVAPPA,
MAJOR IN AGE,
R/AT NO.230, 8 MAIN,
9 BLOCK, NAGARABHAVI II STAGE,
BENGALURU - 560 072.
10. SMT. GANGAMMA,
W/O NOT KNOWN,
MAJOR IN AGE,
R/AT NO. 230, 8 MAIN,
9TH BLOCK, NIAGARABHAVI II STAGE,
BENGALURU - 560 072.
11. SRI. N. VENKATASWAMY,
S/O NOT KNOWN, MAJOR IN AGE,
R/AT CHIKKAKALLASANDRA VILLAGE,
UTTARAHALLI HOBLI,
BENGALURU SOUTH - 560 061.
12. SMT. GIRIJA V. RAJ,
W/O K. RAMEGOWDA,
MAJOR IN AGE,
R/AT HANUMANTHANAGAR,
NELAMANE POST, SRIRANGAPATNA TALUK,
MANDYA DISTRICT - 571 435.
13. SRI. R. MANJUNATHA,
S/O H.R. RAMEGOWDA,
MAJOR IN AGE,
R/AT NO.1174, PUDUVARA ROAD,
1 CROSS, 4TH STAGE, T.K.LAYOUT,
KUVEMPUNAGARA, MYSURU - 570 022.
14. SRI. ANJANAPPA,
S/O LATE MUNIYAPPA,
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RFA No. 448 of 2023
MAJOR IN AGE.
15. SRI. M. NAGARAJ,
S/O LATE MUNIYAPPA,
MAJOR IN AGE,
RESPONDENT NO. 14 & 15 ARE
R/AT CHIKKAKALLASANDRA VILLAGE,
UTTARAHALLI HOBLI,
BENGALURU SOUTH TALUK - 560 061.
...RESPONDENTS
(BY SRI. VENKATARAMANA K.S, ADVOCATE FOR R1;
NOTICE TO R2 TO R15 ARE DISPENSED WITH VIDE ORDER
DATED 05.04.2023)
THIS RFA IS FILED UNDER SECTION 96 R/W ORDER 41
RULE 1 OF CPC., AGAINST THE JUDGMENT AND DECREE
DATED 14.12.2022 PASSED ON IA IN OS NO.2914/2020 ON
THE FILE OF THE C/C. LXXV ADDITIONAL CITY CIVIL AND
SESSIONS JUDGE, BANGALORE. ALLOWING THE IA FILED
UNDER ORDER 7 RULE 11(d) R/W SECTION 151 OF CPC., FOR
REJECTION OF PLAINT.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY,
P.S.DINESH KUMAR J., DELIVERED THE FOLLOWING:
JUDGMENT
Heard Shri Sharath S Gowda, learned advocate for the
appellants and Shri Venkataramana, learned advocate for
respondent No.1.
NC: 2023:KHC:45836-DB
2. Learned advocates on both side submits that the parties
have settled the dispute and the appellants desires to withdraw
this appeal.
3. Respondent No.1 is present and submits that the matter
has been settled.
4. Accordingly, the appeal is dismissed as withdrawn.
The Court fee shall be returned to the appellants in accordance
with law.
No costs.
Sd/-
JUDGE
Sd/-
JUDGE
ykl
