Karnataka High Court
Smt P Jyothi vs Sri N Shivashankar on 22 April, 2024
Author: K.Somashekar
Bench: K.Somashekar
-1-
NC: 2024:KHC:15946-DB
RFA No. 465 of 2017
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 22ND DAY OF APRIL, 2024
PRESENT
THE HON'BLE MR JUSTICE K.SOMASHEKAR
AND
THE HON'BLE MR JUSTICE RAJESH RAI K
REGULAR FIRST APPEAL NO. 465 OF 2017 (DEC)
BETWEEN:
1. SMT. P. JYOTHI,
W/O SRI. P. SRINIVAS,
AGED ABOUT 49 YEARS,
R/AT NO.47, 'SHUBA GRUHA',
MUNIREDDY LAYOUT,
MAHADEVAPURA POST,
BENGALURU-560 048,
PRESENTLY RESIDING AT
MANJUNATHA NILAYAM,
2ND MAIN ROAD, NANDINI LAYOUT,
B. NARAYANAPURA,
Digitally signed by BENGALURU-560 016.
MOUNESHWARAPPA
NAGARATHNA
Location: HIGH
COURT OF
2. SRI. K. A. ASHOKAN
KARNATAKA S/O LATE AGNISARMAN NAMBOODIRI ,
AGED ABOUT 58 YEARS,
R/AT NO.16/17, 'SRI SAILAM'
RAJA RAJESHWARI LAYOUT PHASE-II,
D. V. NAGAR POST,
BENGALURU-560 016.
3. SRI. RAVINDRAN P.V
S/O LATE P K VELAYUDHAN,
AGED ABOUT 62 YEARS,
R/O NO.38, 'SABARI'
MEG LAYOUT,
-2-
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RFA No. 465 of 2017
B. NARAYANAPURA,
DOORAVANINAGAR POST,
BENGALURU-560 016.
4. SMT. KOMALA RAVINDRAN,
W/O RAVINDRAN P.V
AGED ABOUT 51 YEARS,
R/O NO.38, 'SABARI'
MEG LAYOUT, B. NARAYANAPURA,
DOORAVANINGAR POST,
BENGALURU-560 016.
5. S. SATHYANARAYANAN,
S/O SWAMINATHAN
AGED ABOUT 49 YEARS,
R/AT SRI.SATHYA SAI HOSTEL,
KADUGODI POST,
BENGALURU-560 067,
PRESENTLY RESIDING AT
PLOT NO.10, 49/3B,
SAI COLONY EXTENSION,
BELATHUR, KADUGODI POST,
BENGALURU-560 067.
6. PUSHKARAN C.V
S/O CHANDRAN
AGED ABOUT 49 YEARS,
R/O NO.5, TEJA LAYOUT,
NEAR GANGAMMA TEMPLE,
MAHADEVAPURA POST,
BENGALURU-560 048.
7. MR. BASAVA PUNNAIAH TALLURI ,
S/O T. AYYANNA,
AGED ABOUT 63 YEARS,
R/O NO.338, "SAI SRI",
GANGAMMA TEMPLE STREET,
MAHADEVAPURA,
BENGALURU-560 048.
8. SMT. P.V. SATHYADURGA DEVI,
W/O BASAVAPUNNAIAH TALLURI,
-3-
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RFA No. 465 of 2017
AGED ABOUT 60 YEARS,
R/O NO.338, "SAI SRI"
GANGAMMA TEMPLE STREET,
MAHADEVAPURA,
BENGALURU-560 048.
9. BALASUBRAMANIYAN GANESH,
S/O KRISHNASWAMY BALASUBRAMANIYAN,
AGED ABOUT 51 YEARS,
REPRESENTED BY HIS POWER OF ATTORNEY
HOLDER SRI. S. RAMESH,
AGED ABOUT 51 YEARS,
S/O K. SEETHARAM,
NO.5, SRI. RAJA RAJESHWARI LAYOUT,
BEHIND DRDO, PHASE-II,
DOORAVANINAGAR POST,
BENGALURU-560 016.
10. UNNIKRISHNAN RAMAN NAMPOORTHIRI,
S/O LATE RAMAN NAMPOORTHIRI,
AGED ABOUT 49 YEARS,
REPRESENTED BY HIS
POWER OF ATTORNEY HOLDER
SRI. K. A. ASHOKAN
S/O LATE AGNISARMAN NAMBOODIRI,
AGED ABOUT 58 YEARS,
NO.16/17, 'SRI SAILAM'
RAJA RAJESHWARI LAYOUT PHASE-II,
D.V. NAGAR POST,
BENGALURU-560 016.
11. SMT. AMBIKA SHYAMALA,
W/O UNNIKRISHNAN P VASUDEVAN
AGED ABOUT 40 YEARS,
REPRESENTED BY HER
POWER OF ATTORNEY HOLDER
SRI. M.K. PURUSHOTHAMAMNAYAR,
AGED ABOUT 77 YEARS,
S/O LATE KRISHNA PILLAY
NO.22, LAKSHMI KRIPA,
MEG LAYOUT, D.V. NAGAR POST,
BENGALURU-560 003.
-4-
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RFA No. 465 of 2017
12. SRI. SREEVALSAN PILLAI,
S/O VASUDEVAN NAIR ,
AGED ABOUT 52 YEARS,
REPTD. BY POWER OF ATTORNEY HOLDER
J. LEELU NAIR,
NO.628,7TH CROSS,
HAL III STAGE,
JEEVAN BHIMA NAGAR,
BENGALURU-560 075.
13. SMT. P.VIJAYA CHAMUNDESHWARI,
W/O R. SATHYANARAYANA,
AGED ABOUT 52 YEARS,
R/O NO.178, 4TH CROSS, 12TH 'A' MAIN,
4TH BLOCK, KORAMANGALA,
BENGALURU-560 034.
...APPELLANTS
(BY SRI. V JAVAHAR BABU, ADVOCATE)
AND:
1. SRI. N. SHIVASHANKAR
S/O LATE K. NANJUNDAIAH
AGED ABOUT 58 YEARS,
R/AT NO.33, 3RD CROSS,
KASHI VISHWANATH LAYOUT,
KRISHNARAJAPURAM,
BENGALURU-560 036.
2. SRI. K. SATYANARAYANA,
S/O LATE K. VENKATANARAYANA
AGED ABOUT 55 YEARS,
R/AT NO.12, S.R.R LAYOUT,
BEHIND DRDO, PHASE-II,
DOORAVANI NAGAR,
BENGALURU-560 016.
3. MRS. RAJEEVELAYUDHAN NAIR,
AGED ABOUT 50 YEARS,
C/O MR. J. LEELU NAIR,
NO.628, 7TH CROSS,
HAL III STAGE,
-5-
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RFA No. 465 of 2017
JEEVAN BHIMA NAGAR,
BENGALURU-560 075.
...RESPONDENTS
(BY SRI. VIJAY A.M, ADVOCATE FOR C/R1,
R2 & R3 - SERVED AND UNREPRESENTED)
THIS RFA IS FILED UNDER SEC.96 R/W ORDER 41 RULE
1 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED
12.01.2017 PASSED IN O.S.NO.6940/2012 ON THE FILE OF
THE 42nd ADDL. CITY CIVIL AND SESSIONS JUDGE,
BENGALURU, DECREEING THE SUIT FOR DECLARATION AND
INJUNCTION.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY,
K.SOMASHEKAR, J., DELIVERED THE FOLLOWING:
JUDGMENT
Sri V.Javahar Babu, learned counsel for the appellants, is
present before this Court physically.
2. Learned counsel for the appellants has filed memos
seeking leave of this Court to withdraw the above appeal in
respect of Appellant Nos.1, 2 to 6, 9 to 13, and 7 (LR of
appellant No.8) stating that the dispute between the appellants
and the contesting respondent, i.e., respondent No.1, is
amicably settled out of Court.
3. Sri.Vijay A.M., learned Counsel for respondent No.1,
who is on record by filing Caveat Petition under Section 148-A
of CPC is present before the Court physically and submits that
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he has no objection to considering the said memos filed by the
learned counsel for the appellants.
4. In the meanwhile, learned counsel for respondent
No.1 has filed a memo for the return of documents i.e., the
original Exhibits 'P' series marked before the Trial Courts in
O.S.No.6940/2012.
5. Memos are placed on record.
6. In view of the memos filed by the learned counsel
for the appellants, the regular first appeal is dismissed as
withdrawn.
7. In view of memo filed by the learned counsel for
respondent No.1, the Registry is directed to return the original
Exhibits 'P' series marked before the Trial Court in
O.S.No.6940/2013 after obtaining photostat copies of the
same.
8. Further, learned counsel for the appellants has
prayed for refund of the Court Fee. Keeping in view the
submission made by the learned counsel for the appellants
regarding refund of Court Fee, Registry is directed to refund the
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admissible Court Fee as prayed by the appellants, in
accordance with law, if necessary application is filed.
9. In view of withdrawal of the main appeal, all
pending applications do not survive for consideration and the
same are disposed of.
Sd/-
JUDGE
Sd/-
JUDGE
KTY
