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Smt Sumathi vs Chandrashekara @ Subramanyagowda
2024 Latest Caselaw 10016 Kant

Citation : 2024 Latest Caselaw 10016 Kant
Judgement Date : 5 April, 2024

Karnataka High Court

Smt Sumathi vs Chandrashekara @ Subramanyagowda on 5 April, 2024

Author: H.P.Sandesh

Bench: H.P.Sandesh

                                             -1-
                                                         NC: 2024:KHC:14324
                                                        RSA No. 861 of 2012
                                                    C/W RSA No. 859 of 2012




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                            DATED THIS THE 5TH DAY OF APRIL, 2024

                                           BEFORE

                             THE HON'BLE MR JUSTICE H.P.SANDESH

                         REGULAR SECOND APPEAL NO.861 OF 2012 (PAR)
                                            C/W
                         REGULAR SECOND APPEAL NO.859 OF 2012 (PAR)


                   IN R.S.A.NO.861/2012

                   BETWEEN:

                   SMT. PREMA
                   W/O CHANDRASHEKARAGOWDA
                   @ SUBRAMANYAGOWDA
                   AGED ABOUT 48 YEARS
                   R/A VARAHANATHKALLEHALI VILLAGE
                   BOOKANAKERE HOBLI
Digitally signed
by SHARANYA T      K P PET TALUK
Location: HIGH     MANDYA DISTRICT.
COURT OF
KARNATAKA
                                                               ...APPELLANT
                   (BY SRI K M SANATH KUMARA, ADVOCATE)
                   AND:

                   1.     CHANDRASHEKARA @ SUBRAMANYAGOWDA
                          DEAD BY LRS

                   1(A) CHALUVARAJU
                        S/O CHANDRASHEKARA @ SUBRAMANYAGOWDA
                        MAJOR
                        -2-
                                   NC: 2024:KHC:14324
                                 RSA No. 861 of 2012
                             C/W RSA No. 859 of 2012




     BALLENAHALLI VILLAGE
     BOOKANAKERE HOBLI
     K R PET TALUK
     MANDYA DISTRICT

1(B) SMT. SUMATHI
     D/O CHANDRASHEKARA @ SUBRAMANYAGOWDA
     W/O SURESHGOWDA
     AGED ABOUT 39 YEARS
     R/O VARAHANATHKALLEHALLI VILLAGE
     BOOKANAKERE HOBLI
     K R PET TALUK
     MANDYA DISTRICT
                                   ...RESPONDENTS

(BY SRI HARSHA KUMAR GOWDA H R, ADVOCATE
 FOR R1(B);
 SRI P VENKATA SHIVA REDDY, ADVOCATE FOR R1(A))

     THIS RSA IS FILED UNDER SEC.100 OF CPC.,
AGAINST THE JUDGMENT AND DECREE DATED 15.12.2011
PASSED IN R.A.NO.33/2008 ON THE FILE OF THE SENIOR
CIVIL JUDGE AND JMFC., AT K.R.PET AND ETC.



IN R.S.A.NO.859/2012

BETWEEN

SMT. SUMATHI
W/O SURESHGOWDA
AGED ABOUT 32 YEARS
R/O VARAHANATHKALLEHALLI VILLAGE
BOOKANAKERE HOBLI
K R PET TALUK
MANDYA DISTRICT
                                        ...APPELLANT
(BY SRI K M SANATH KUMARA, ADVOCATE)
                          -3-
                                    NC: 2024:KHC:14324
                                   RSA No. 861 of 2012
                               C/W RSA No. 859 of 2012




AND

1.    CHANDRASHEKARA @ SUBRAMANYAGOWDA
      DEAD BY LRS

1(A) SMT. PREMA
     W/O CHANDRASHEKARA @ SUBRAMANYAGOWDA
     AGED ABOUT 55 YEARS
     R/O VARAHANATHKALLEHALLI VILLAGE
     BOOKANAKERE HOBLI
     K R PET TALUK
     MANDYA DISTRICT-571426

2.    CHALUVARAJU
      S/O CHANDRASHEKAREGOWDA
      MAJOR
      R/O BALLENAHALLI VILLAGE
      BOOKANAKERE HOBLI
      K R PET TALUK
      MANDYA DISTRICT
                                      ...RESPONDENTS

(BY SRI HARSHA KUMAR GOWDA H R, ADVOCATE
 FOR R1(A);
 SRI P VENKATA SHIVA REDDY, ADVOCATE FOR R2)


      THIS RSA IS FILED UNDER SEC.100 OF CPC.,
AGAINST THE JUDGMENT AND DECREE DATED 15.12.2011
PASSED IN R.A.NO.32/2008 ON THE FILE OF THE SENIOR
CIVIL JUDGE AND JMFC., AT K.R.PET AND ETC.

      THESE APPEALS, COMING ON FOR ORDERS, THIS
DAY, THE COURT DELIVERED THE FOLLOWING:
                             -4-
                                        NC: 2024:KHC:14324
                                      RSA No. 861 of 2012
                                  C/W RSA No. 859 of 2012




                    JUDGMENT

The appellant and the respondents are present along

with their respective counsel.

The appellant and the respondents have filed the

joint memo. In terms of the joint memo, respondent

No.1(a) had paid a sum of Rs.2,00,000/- by way of cash

to the appellant towards the maintenance as permanent

alimony as full and final settlement. The appellant also

acknowledged the same. The terms of the settlement are

explained to the parties and they have understood the

same. In view of the settlement arrived between the

parties, the appeal in R.S.A.No.861/2012 is disposed of.

The appellant and the respondents are present along

with their respective counsel.

The appellant and the respondents have filed the

joint memo. In terms of the joint memo, respondent No.2

NC: 2024:KHC:14324

paid an amount of Rs.4,00,000/- by way of Demand Draft

No.837001 dated 04.04.2024 drawn on Karnataka

Grameena Bank, Ballenahalli Branch in the name of the

appellant towards full and final settlement. The appellant

also acknowledged the same. The terms of the settlement

are explained to the parties and they have understood the

same. In view of the settlement arrived between the

parties, the appeal in R.S.A.No.859/2012 is disposed of.

Sd/-

JUDGE

SN

 
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