B S Venugopal vs L Ramanjappa
2024 Latest Caselaw 10144 Kant

Karnataka High Court

B S Venugopal vs L Ramanjappa on 8 April, 2024

                                         -1-
                                                     NC: 2024:KHC:14427
                                                    RSA No. 394 of 2013




                   IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                       DATED THIS THE 8TH DAY OF APRIL, 2024

                                       BEFORE
                      THE HON'BLE MR JUSTICE ASHOK S.KINAGI
               REGULAR SECOND APPEAL NO. 394 OF 2013 (DEC/INJ)
              BETWEEN:

              1.    B S VENUGOPAL
                    SINCE DEAD BY HIS LRS
                    SMT PUSHPA
                    W/O LATE B S VENUGOPAL
                    AGED 56 YEARS

              2.    PRADEEP B V
                    S/O LATE B S VENUGOPAL
                    AEGD ABOUT 34 YEARS

              3.    YASHAS B V
                    S/O LATE B S VENUGOPAL
                    AEGD ABOUT 27 YEARS
                    ALL ARE R/AT NO.W-44 PIPELINE
                    A CROSS, BASAPPA GARDEN
Digitally           MALLESWARAM, BANGALORE-560003.
signed by R                                               ...APPELLANTS
DEEPA         (BY SRI. MAHESH R UPPIN., ADVOCATE)
Location:
HIGH          AND:
COURT OF
KARNATAKA
              1.    L RAMANJANAPPA
                    S/O LANKAPPA
                    AGED ABOUT 70 YEARS
                    R/AT DODDAGUBBI VILLAGE & POST
                    BIDARAHALLI HOBLI
                    BANGALORE EAST TALUK
                    BANGALORE URBAN DISTRICT-560094.
                              -2-
                                            NC: 2024:KHC:14427
                                           RSA No. 394 of 2013




2.   L RAMACHANDRAIAH
     S/O LANKAPPA
     AGED ABOUT 60 YEARS
     R/AT DODDAGUBBI VILLAGE & POST
     BIDARAHALLI HOBLI
     BANGALORE EAST TALUK
     BANGALORE URBAN DISTRICT-560094.

3.   SAMPANGI @ CHAMPAKADHAMA
     S/O LATE B C MUDDANNA
     R/AT BILISHIVALE
     BIDARAHALLI HOBLI
     BANGALORE URBAN DISTRICT-560094.
                                               ...RESPONDENTS
(BY SRI. KUMARA., ADVOCATE FOR R3:
R1 AND R2 ARE SERVED)


      THIS RSA IS FILED UNDER SECTION 100 OF CPC
AGAINST THE JUDGEMENT & DECREE DATED: 20.10.2012
PASSED IN R.A.NO.194/2011 ON THE FILE OF PRESIDING
OFFICER,    FAST    TRACK   COURT-III,     BANGALORE      RURAL
DISTRICT,    BANGALORE,     DISMISSING     THE   APPEAL    AND
CONFIRMING         THE   JUDGEMENT   AND     DECREE    DATED:
1.4.2011 PASSED IN OS.NO.815/2007          ON THE FILE OF II
ADDITIONAL    SENIOR     CIVIL   JUDGE,    BANGALORE      RURAL
DISTRICT,    BANGALORE.TRAIL       COURT     DISMISSED      THE
SUIT.APPELLATE COURT DISMISSED THE APPEAL SUIT FOR
DECLARATION, PERMANENT INJUNCTION AND POSSESSION.

      THIS APPEAL, COMING ON FOR FINAL HEARING, THIS

DAY, THE COURT DELIVERED THE FOLLOWING:
                                      -3-
                                                    NC: 2024:KHC:14427
                                                   RSA No. 394 of 2013




                              JUDGMENT

Learned counsel for the appellants filed a memo for

withdrawal of the appeal.

2. It is stated that the matter is settled out of the

court. Pursuant to the submission that the legal

representatives of the appellant have received

Rs.10,00,000/- (rupees ten lakhs only) from respondent

No.3 under the D.D. bearing No.547312 dated 04.04.2024

for Rs.4.00 lakhs in the name of Smt.Pushpa, D.D. bearing

No.547311 dated 04.04.2024 for Rs.3.00 lakhs in the name

of Sri Pradeep B.V. and DD bearing No.547313 dated

04.04.2024 for Rs.3.00 lakhs in the name of Sri Yashas B.V.,

drawn on Karnataka Bank, Dodda Gubbi the said appeal be

dismissed as withdrawn.

3. The memo is placed on record.

4. This appeal is dismissed as withdrawn.

Sd/-

JUDGE

CM