Smt Saraswathi vs Smt Gangamma
2023 Latest Caselaw 1659 Kant

                                                 -1-
                                                            RSA No. 126 of 2017




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                            DATED THIS THE 1ST DAY OF MARCH, 2023

                                            BEFORE

                             THE HON'BLE MR JUSTICE H.P.SANDESH

                        REGULAR SECOND APPEAL NO. 126 OF 2017 (DEC)

                   BETWEEN:

                   1.    SMT. SARASWATHI
                         AGED ABOUT 65 YEARS,
                         W/O LATE N. VENKATESH

                   2.    KUM. REKHA
                         AGED ABOUT 40 YEARS,
                         D/O LATE N. VENKATESH

                         BOTH RESIDING AT
                         BYATARAYANAHALLI VILLAGE,
                         D.K. HALLI POST, BANGARPET TALUK
                         KOLAR DISTRICT-563 162.

                                                                  ...APPELLANTS
Digitally signed
by SHARANYA T       (BY SRI. ALLA BAKASH M., ADVOCATE FOR APPELLANT NO.2;
Location: HIGH          VIDE ORDER DATED 14.02.2023 APPEAL IS ABATED
COURT OF                            AGAINST APPELLANT NO.1)
KARNATAKA

                   AND:

                   1.    SMT. GANGAMMA
                         AGED ABOUT 70 YEARS,
                         W/O VENKATAPPA

                   2.    SRI VENKATESH
                         AGED ABOUT 50 YEARS,
                         S/O VENKATAPPA
                                -2-
                                           RSA No. 126 of 2017




    BOTH RESIDING AT
    HULIBELE VILLAGE AND POST,
    KASABA HOBLI, BANGARPET TALUK
    KOLAR DISTRICT-563 114.
                                                ...RESPONDENTS

       (BY SRI ABHINAV R., ADVOCATE FOR R1 AND R2)

     THIS RSA IS FILED UNDER SEC.100 OF CPC., AGAINST
THE JUDGMENT AND DECREE DATED 26.10.2016 PASSED IN
RA NO.104/2015 ON THE FILE OF THE III ADDL. DISTRICT
JUDGE, KOLAR (SITTING AT KGF), DISMISSING THE APPEAL
AND CONFIRMING THE JUDGMENT AND DECREE DATED
30.04.2015 PASSED IN OS NO.134/2005 ON THE FILE OF THE
ADDL. SR. CIVIL JUDGE AND JMFC., K.G.F.

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

                          JUDGMENT

The learned counsel appearing for the appellants and

appellant No.2 has filed a memo stating that the parties have

amicably settled the matter out of Court. Appellant No.1 passed

away during the pendency of this appeal leaving behind her

daughter Kum. Rekha as legal heir, who is already on record as

appellant No.2. It is also stated that there is no interference of

the defendants as of now. Hence, seeking permission to

withdraw the appeal.

RSA No. 126 of 2017

2. In terms of the memo filed by the learned counsel

for the appellants and appellant No.2, the appeal is dismissed

as withdrawn.

3. In view of dismissal of the appeal, I.A.No.1/2017

for Temporary Injunction does not survive for consideration and

the same stands disposed of.

Sd/-

JUDGE

CP