Smt Jaymala vs Smt Sharadamma T L
2023 Latest Caselaw 8923 Kant

Karnataka High Court

Smt Jaymala vs Smt Sharadamma T L on 29 November, 2023

Author: S.R.Krishna Kumar

Bench: S.R.Krishna Kumar

                                          -1-
                                                    NC: 2023:KHC:43247
                                                   RFA No. 138 of 2020




                 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                   DATED THIS THE 29TH DAY OF NOVEMBER, 2023

                                        BEFORE
                   THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR
                   REGULAR FIRST APPEAL NO. 138 OF 2020 (RES)
            BETWEEN:
            1.   SMT JAYMALA
                 D/O SMT. SUSHILAMMA
                 W/O LATE ANIL KUMAR.

            2.   SMT. G.R. SUSHILAMMA
                 W/O LATE M.B. GANGANNA
                 AGED ABOUT 58 YEARS

                 BOTH ARE R/AT NO.766,
                 5TH MAIN, 8TH CROSS,
                 M.C LAYOUT, VIJAYANAGAR,
                 BENGALURU 560 040.
                                                         ...APPELLANTS
            (BY SRI. RAJA L.,ADVOCATE)
            AND:
            SMT SHARADAMMA T L
Digitally   W/O LATE KRISHNAPPA
signed by
VANDANA S   AGED ABOUT 50 YEARS
Location:   R/AT NO.774, 5TH MAIN,
HIGH        8TH CROSS, M.C. LAYOUT,
COURT OF    VIJAYANAGAR,
KARNATAKA
            BENGALURU 560 040.
                                                        ...RESPONDENT
            (BY SRI. H G SWAMY.,ADVOCATE)
                  THIS RFA IS FILED UNDER ORDER XLI RULE 1 R/W SEC.96
            OF CPC., AGAINST THE JUDGMENT AND DECREE DATED:
            02.08.2019 PASSED IN OS.NO.1053/2011 ON THE FILE OF THE XXX
            ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU
            PARTLY DECREEING THE SUIT FOR EJECTMENT AND DAMAGES.

                THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, THE
            COURT DELIVERED THE FOLLOWING:
                                   -2-
                                                 NC: 2023:KHC:43247
                                                RFA No. 138 of 2020




                             JUDGMENT

This appeal is directed against the impugned judgment and

decree dated 02.08.2019 passed in O.S.No.1053/2011 by the XXX

Addl. City Civil and Sessions Judge, Bengaluru whereby the said

suit for ejectment and other reliefs filed by the respondent - plaintiff

against the appellant - defendant, was decreed by the Trial Court.

2. Learned counsel for the appellant and respondent

submits that the dispute between the parties in the present appeal

was amicably settled in O.S.6427/2011 which was referred to the

Lok Adalath.

3. Accordingly a memo enclosing a joint memo filed in

O.S.6427/2011 is filed by the learned counsel for respondent and

the same is placed on record.

4. In view of the settlement between the parties, appeal

stands disposed of in terms of the joint memo filed in

O.S.6427/2011.

5. Registry is directed to refund the entire (100%) of the

Court Fee paid on the memorandum of appeal back to the

appellants forthwith without any delay.

Sd/-

JUDGE DHA