Karnataka High Court
Sri Harijana Thippanna S/O ... vs Sri Dr P Partha Sarathi S/O Late ... on 24 January, 2023
Bench: Dr. H.B.Prabhakara Sastry, C M Joshi
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RFA No. 100353 of 2022
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 24TH DAY OF JANUARY, 2023
PRESENT
THE HON'BLE DR. JUSTICE H.B.PRABHAKARA SASTRY
AND
THE HON'BLE MR JUSTICE C M JOSHI
REGULAR FIRST APPEAL NO. 100353 OF 2022 (DEC/INJ)
BETWEEN:
SRI HARIJANA THIPPANA S/O HARIJANA RAMAPPA
AGE ABOUT 63 YEARS, OCC.AGRICULTURIST,
R/O.RAJIV GANDHI NAGAR,
NEAR SANTHOSHI MATHA TEMPLE,
CANTONMENT, TQ. BALLARI
DIST.BALLARI-560092
...APPELLANT
(BY SRI. NARAYAN V YAJI, ADVOCATE)
AND:
1. SRI DR P PARTHA SARATHI S/O LATE P.RAMACHAR
AGED ABOUT 63 YEARS,
OCC.AGRICULTURIST AND PRIVATE
MEDICAL PRACTITIONER,
R/O VIJAY VITTAL NAGAR
WARD NO.12, SIRUGUPPA TOWN
DIST.BALLARI-583121
2. P VENKATARAMANA S/O LATE SRI P.RAMACHAR
AGED ABOUT 70 YEARS,
OCC.RETIRED ASSISTANT DIRECTOR OF
AGRICULTURE, R/O.DOOR NO.7 WARD NO.4
OLD KATCHERY STREET, DIST.BALLARI-583121
3. P SEETHA ALIAS SEETHAMMA W/O LATE P KRISHNA
MURTHY HINDU
AGED ABOUT 87 YEARS,
R/O.24 MANJUNATH NILAYA,
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RFA No. 100353 of 2022
1ST B-CROSS, SVG NAGAR,
MUDALAPALYA, A-CIRCLE
BENGALURU-560072
4. P GOPAL KRISHNA S/O LATE P KRISHNA MURTHY
AGED ABOUT 64 YEARS,
OCC.KSRTC MECHANIC, R/O,4TH CROSS,
SRI.M.V.NAGAR, OPP.ELECTRIC TRANSFORMER,
KAPPAGAL ROAD, DIST.BALLARI-583121
5. P.SRINIVASA S/O P.KRISHNA MURTHY
AGED ABOUT 60 YEARS,
R/O.ARCHAKA IN VENKATESHWARA
SWAMY TEMPLE, PATEL NAGAR,
BALLARI-583121
6. P.PARTHA SARATHY S/O LATE P KRISHNA MURTHY
AGED ABOUT 50 YEARS,
R/O.FLOT NO,405, MEDHA REJOICE
APARTMENT, R.K.NAGAR,
ATTAPUR, NEAR PILLAR NO.125 SPENCERS
SHOW ROOM, HYDERBAD-560048
7. P MURALIDHAR S/O LATE P KRISHNA MURTHY
AGED ABOUT 45 YEARS,
R/O.24, MANJUNATH NILAYA,
1ST B-CROSS, SVG NAGAR, MUDALAPALAY
A-CIRCLE, BENGALAURU-560072
8. A.B.RAKMINI ALIAS GANGA ALIAS LAKSHMI
D/O LATE P KRISHNA MURTHY,
W/O.A.B.KRISHNACHAR,
AGED ABOUT 62 YEARS,
R/O.NO16/1, VRN GRAPHICS
BEHIND AND BELOW REAR HOUSE
4TH MAIN N.R.COLONY, BENGALURU-560019
9. SMT.B.SUMA PRASAD ALIAS SARASWATHI
D/O LATE P KRISHNA MURTHY
W/O SRI SYAM PRASAD
AGED ABOUT 54 YEARS, R/O NO.58 THRUMALA
MARUTHI MANDIRA, WARD NO.126,
3RD MAIN, VINAYAKA NAGAR,
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RFA No. 100353 of 2022
BENGALURU 560040
10. RAMA W/O SRI NAGARAJ
M.S.D/O LATE P KRISHNA MURTHY
AGED ABOUT 48 YEARS,
C/O.NO.24, MANJUNATH NILAYA
1ST CROSS, SVG NAGAR,
MUDALAPALYA A-CIRCLE,
BENGALURU-560072
...RESPONDENTS
THIS RFA IS FILED UNDER SEC.96 OF CPC., 1908,
AGAINST THE JUDGMENT AND DECREE DATED 25.03.2022
PASSED IN O.S.NO.225/2012 ON THE FILE OF THE I
ADDITIONAL SENIOR CIVIL JUDGE AT BALLARI, DECREEING
THE SUIT FILED FOR DECLARATION AND PERMANENT
INJUNCTION.
THIS APPEAL COMING ON FOR ORDERS THROUGH
PHYSICAL HEARING/VIDEO CONFERENCING HEARING, THIS
DAY, DR. H.B. PRABHAKARA SASTRY J., PASSED THE
FOLLOWING:
ORDER
Learned counsel for the appellant, who is physically
present, files a memo seeking withdrawal of the present
appeal.
It is stated in the memo and it is also the supporting
submission that the parties from both side have resolved
the dispute among themselves. Hence, the present appeal
has become infructuous.
RFA No. 100353 of 2022
In view of the above, the appeal stands disposed off
as having become infructuous and as not pressed.
In view of disposal of the main appeal, pending IAs
do not survive for consideration.
Sd/-
JUDGE
Sd/-
JUDGE
JTR
