Sri K L Ramaswamy vs Sri K L Sampath Kumar
2023 Latest Caselaw 1909 Kant

                                               -1-
                                                          RSA No. 1733 of 2017




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                           DATED THIS THE 16TH DAY OF MARCH, 2023

                                            BEFORE

                             THE HON'BLE MR JUSTICE H.P.SANDESH

                        REGULAR SECOND APPEAL NO. 1733 OF 2017 (PAR)

                   BETWEEN:

                   1.     SRI K.L. RAMASWAMY
                          S/O. LATE K. LAKSHMINARAYANACHAR
                          AGED ABOUT 64 YEARS
                          R/AT RAJA VEEDHI NO.326,
                          MELKOTE-571 431
                          PANDAVAPURA TALUK
                          MANDYA DISTRICT

                   2.     SMT. K.G. LOKAMATHA
                          SINCE DEAD BY HER LRS

                   2(a) SRI K.S. GOPALAKRISHNA
                        S/O. LATE SRI G.K. SUNDARARAJACHAR
                        AGED ABOUT 69 YEARS,
Digitally signed
by SHARANYA T      2(b) SRI G. RAGHAVAN @ RAJEEV
Location: HIGH          S/O. SRI K.S. GOPALKRISHNA
COURT OF                AGED ABOUT 30 YEARS,
KARNATAKA

                          BOTH APPELLANT NOS.2 AND 3:
                          RESIDING AT NO.31, 4TH CROSS,
                          SWAGATH LAYOUT,
                          VIDYARANYAPURA
                          BANGALORE-560 097.

                   2(c) SRI RADHA G @ RADHIKA
                        W/O. SRI K.S. RAVI
                        AGED ABOUT 37 YEARS
                        RESIDING AT NO.33, 4TH CROSS,
                        SWAGATH LAYOUT
                              -2-
                                      RSA No. 1733 of 2017




       VIDYARANYAPURA
       BANGALORE-560 097.
                                         ...APPELLANTS

            (BY SRI. M. MANJUNATH., ADVOCATE)
AND:

1.   SRI K.L. SAMPATH KUMAR
     S/O LATE KALAMEGAM
     AGED ABOUT 59 YEARS
     LAKSHMINARASIMHACHAR
     R/AT MELUKOTE
     PANDAVAPURA TALUK
     MANDYA DISTRICT-571 431

2.   SRI K.B. THIRUNARAYANA IYENGAR
     AGED ABOUT 79 YEARS
     R/AT NO.22-117/7
     'YADHUSHYLAM', R.K.NAGAR
     MALLIKARJUNA POST
     HYDERABAD-500 047

3.   SRI K. SRINIVASAN
     AGED ABOUT 69 YEARS
     R/AT NO.3502/13, 6TH 'A' MAIN,
     GAYATHRI NAGAR,
     SRIRAMPURA POST
     BANGALORE-560 021

     SRI K.RAMANUJA IYENGAR
     SINCE DEAD BY HIS LRS

4.   SRI SRINIVAS RAGHAVAN
     S/O LATE SRI K. RAMANUJA IYENGAR
     AGED ABOUT 47 YEARS,
     R/AT NO.10 YHS, 3RD MAIN,
     11TH CROSS, GANGOTHRI LAYOUT
     MYSORE-570 006.

5.   SRI ALASINGACHAR
     AGED ABOUT 42 YEARS
                                -3-
                                        RSA No. 1733 of 2017




6.   SRI THIRUNARAYAN
     AGED ABOUT 42 YEARS

     R5 & R6 ARE R/AT NO.22,
     TEMPLE STREET
     DODDABOMMASANDRA
     VIDYARANYAPURA
     BANGALORE-560 097.
                                             ...RESPONDENTS

(BY SRI. B.S.RAMPRASAD, ADVOCATE FOR R1 TO R3, R5 & R6;
            R4 IS SERVED AND UNREPRESENTED)

      THIS RSA IS FILED UNDER SEC.100 READ WITH ORDER
42 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED
01.04.2015 PASSED IN RA NO.95/2012 ON THE FILE OF THE
III ADDL. DISTRICT AND SESSIONS JUDGE, MANDYA [SITTING
AT SRIRANGAPATNA ALLOWING THE APPEAL AND SETTING
ASIDE THE JUDGMENT AND DECREE DATED 21.06.2012
PASSED IN O.S.NO.61/2011 ON THE FILE OF THE CIVIL JUDGE
(SR. DN.), JMFC AND MACT, AT PANDAVAPURA.

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

                         JUDGMENT

Learned counsel appearing for the appellants has filed a

memo seeking permission of this Court to withdraw the appeal

on the ground that the matter has already been settled

between the parties out of Court.

In view of the memo, the appeal is dismissed as

withdrawn.

RSA No. 1733 of 2017

In view of dismissal of the appeal as withdrawn, I.As, if

any do not survive for consideration and the same are also

dismissed.

Sd/-

JUDGE

ST