Ganapathi vs B V Gangadhar
2023 Latest Caselaw 1726 Kant

                                                   -1-
                                                          RSA No. 1494 of 2017




                           IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                               DATED THIS THE 7TH DAY OF MARCH, 2023

                                              BEFORE

                                THE HON'BLE MR JUSTICE H.P.SANDESH

                           REGULAR SECOND APPEAL NO. 1494 OF 2017 (DEC)

                      BETWEEN:

                      1.    GANAPATHI
                            S/O LATE BABU RAO,
                            AGED ABOUT 62 YEARS,
                            R/AT NAGARAHALLI,
                            HUMCHA HOBLI,
                            HOSANAGARA TALUK,
                            SHIVAMOGGA DISTRICT-577 418

                      2.    DEVARAJA
                            S/O LATE BABU RAO,
                            AGED ABOUT 59 YEARS,
                            R/AT MAVINAKATTE,
                            KASABA HOBLI, MUMBARU POST,
                            HOSANAGARA TALUK,
                            SHIVAMOGGA DISTRICT-577 418
Digitally signed by
SHARANYA T
Location: HIGH        3.    NARASIMHAMOORTHY
COURT OF
KARNATAKA                   S/O LATE BABU RAO,
                            AGED ABOUT 57 YEARS,
                            R/AT MAVINAKATTE,
                            KASABA HOBLI, MUMBARU POST,
                            HOSANAGARA TALUK,
                            SHIVAMOGGA DISTRICT-577 418

                      4.    ACHUTHA
                            S/O LATE BABU RAO,
                            AGED ABOUT 54 YEARS,
                            R/AT BEHALLI VILLAGE
                            HUMCHA HOBLI,
                            MUMBARU POST,
                          -2-
                                   RSA No. 1494 of 2017




     HOSANAGARA TALUK,
     SHIVAMOGGA DISTRICT-577 418

5.   GOPALAKRISHNA
     S/O LATE BABU RAO,
     AGED ABOUT 53 YEARS,
     R/AT BEHALLI VILLAGE
     HUMCHA HOBLI,
     MUMBARU POST,
     HOSANAGARA TALUK,
     SHIVAMOGGA DISTRICT-577 418

6.   VIJAYENDRA
     S/O LATE BABU RAO,
     AGED ABOUT 51 YEARS,
     R/AT MAVINAKATTE,
     KASABA HOBLI,
     MUMBARU POST,
     HOSANAGARA TALUK,
     SHIVAMOGGA DISTRICT-577 418

7.   MANJUNATHA
     S/O LATE BABU RAO,
     AGED ABOUT 49 YEARS,
     R/AT MAVINAKATTE
     KASABA HOBLI
     MUMBARU POST,
     HOSANAGARA TALUK,
     SHIVAMOGGA DISTRICT-577 418

8.   RAGHAVENDRA
     S/O LATE BABU RAO,
     AGED ABOUT 45 YEARS,
     R/AT BEHALLI VILLAGE,
     HUMCHA HOBLI,
     MUMBARU POST,
     HOSANAGARA TALUK,
     SHIVAMOGGA DISTRICT-577 418
                                           ...APPELLANTS
            (BY SRI. SAMEER S.N., ADVOCATE)
                               -3-
                                         RSA No. 1494 of 2017




AND:

1.   B.V. GANGADHAR
     S/O B.R. VASUDEVA RAO,
     AGED ABOUT 53 YEARS,
     ADVOCATE,
     RESIDING AT NO.4,
     SRI RAMA NILAYA,
     GUTHYAPPA COLONY,
     SHIVAMOGGA-577 201
                                              ...RESPONDENT

       (BY SRI. S.V.PRAKASH, ADVOCATE [THROUGH VC])

     THIS RSA IS FILED UNDER SEC.100 OF CPC., AGAINST
THE JUDGMENT AND DECREE DATED 11.01.2017 PASSED IN
RA NO.31/2014 ON THE FILE OF THE SENIOR CIVIL JUDGE
AND JMFC, SAGAR DISMISSING THE APPEAL AND CONFIRMING
THE JUDGMENT AND DECREE DATED 19.02.2014 PASSED IN
OS NO.47/2008 ON THE FILE OF THE CIVIL JUDGE,
HOSANAGARA.

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

                          JUDGMENT

The learned counsel appearing for the appellant has filed

a memo for withdrawal stating that the dispute is settled out of

the Court.

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

for the appellant, the appeal is dismissed as withdrawn as

settled out of Court.

RSA No. 1494 of 2017

3. In view of withdrawal of the appeal, I.A.No.2/2017

for stay does not survive for consideration and the same stands

disposed of.

Sd/-

JUDGE

CP