Sri Nanjappa vs Smt Munibommakka
2023 Latest Caselaw 7738 Kant

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                                                          NC: 2023:KHC:41265
                                                         RFA No. 823 of 2009




                         IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                           DATED THIS THE 16TH DAY OF NOVEMBER, 2023

                                             BEFORE
                             THE HON'BLE MR JUSTICE V SRISHANANDA
                         REGULAR FIRST APPEAL NO. 823 OF 2009 (DEC/INJ)
                   BETWEEN:

                   1.     SRI. NANJAPPA,
                          S/O LATE YERRAPPA,
                          SINCE DEAD BY HIS LRS,

                          SMT.MUNIVENKATAMMA,
                          W/O LATE NANJAPPA,
                          SINCE DEAD BY LRS,

                   2.     SRI. NARAYANASWAMY,
                          S/O LATE NANJAPPA,
                          AGED ABOUT 59 YEARS,

                   3.     SRI.N.SEETHARAM,
                          S/O LATE NANJAPPA,
Digitally signed by
R MANJUNATHA              AGED ABOUT 56 YEARS,
Location: HIGH
COURT OF
KARNATAKA           4.    SRI.N.BANU,
                          S/O LATE NANJAPPA,
                          AGED ABOUT 43 YEARS,

                          ALL ARE RESIDENTS OF NO.194,
                          14TH & 15TH MAIN,
                          SUBRAMANYANAGAR 'A' BLOCK,
                          BANGALORE - 560 021.
                                                               ...APPELLANTS
                   (BY SRI.NAGENDRA SHETTY, ADVOCATE)
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                                      NC: 2023:KHC:41265
                                     RFA No. 823 of 2009




AND:

1.      SMT.MUNIBOMMAKKA
        @ CHINNATHAYAMMA,
        SINCE DEAD BY LRS,

1(A). SRI.SATHYANARAYANA,
      S/O MUNISWAMAPPA,
      MAJOR,

1(B). SRI.SHANKAR,
      S/O MUNISWAMAPPA,
      MAJOR,

1(C). SMT.LAKSHMIDEVI,
      D/O MUNISWAMAPPA,
      MAJOR,

1(D). SMT.SHARADA,
      D/O MUNISWAMAPPA,
      MAJOR,

1(E).   SMT.SUSHEELA,
        D/O MUNISWAMAPPA,
        MAJOR,

1(F).   SMT.PADMA
        D/O MUNISWAMAPPA,
        MAJOR,

        ALL ARE RESIDING AT NO. 10,
        1-A MAIN ROAD, DAYANANDANAGAR,
        SIRAMPURAM, BANGALORE - 560 021.
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                                            NC: 2023:KHC:41265
                                          RFA No. 823 of 2009




2.      N. KRISHNAMURTHY,
        S/O MALLAPPA,
        AGED ABOUT 65 YEARS,
        RESIDING AT PAPAREDDYPALYA,
        NAGARABHAVI II STAGE,
        YESWANTHPURA HOBLI,
        BANGALORE NORTH TALUK.
                                               ...RESPONDENTS
(BY SRI.M.G.RAMAKRISHNAIAH, ADVOCATE FOR R2;
    R1 A, B, AND D - SERVED)

       THIS RFA IS FILED U/S 96 OF CPC AGAINST THE
JUDGMENT       AND   DECREE DATED 25.04.2009       PASSED IN
OS.NO.8498/1996 ON THE FILE OF THE XXIV ADDL. CITY CIVIL
& SESSIONS JUDGE, BANGALORE, (CCH 6), DISMISSING THE
SUIT    FOR    DECLARATION,   PERMANENT     INJUNCTION       AND
POSSESSION.

       THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE

COURT DELIVERED THE FOLLOWING:

                            ORDER

Learned counsel for the appellant has filed a memo

dated 16.11.2023 for withdrawal. The memo reads as

under:

"The undersigned Advocate For Appellants submits that Dispute in the Above Appeal is settled outside the Court between Appellants and Bangalore Development Authority in Respect of 10 guntas of

NC: 2023:KHC:41265 RFA No. 823 of 2009

suit schedule property which was Droped From Acquisition proceedings by the Spl. Land Acquisition Officer Bangalore. Hence the above appeal is not pressed and the same may be treated as withdrawn and Appeal may be Dismissed as settled outside the court, in the interest of Justice and Equity."

2. Memo is taken on record.

3. In view of the above memo, appeal is

dismissed as settled out of the Court, signed by legal

representatives of appellant as well as learned counsel for

the appellant.

Sd/-

JUDGE

KAV

CT:BHK