Karnataka High Court
Ravindra Shetty S/O Jagannath Shetty vs Ramayya S/O Chandayya Yargol on 4 April, 2024
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NC: 2024:KHC-K:2841
RSA No. 7384 of 2010
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 4TH DAY OF APRIL, 2024
BEFORE
THE HON'BLE MR. JUSTICE G BASAVARAJA
REGULAR SECOND APPEAL NO.7384 OF 2010 (DEC/POS)
BETWEEN:
RAVINDRA SHETTY S/O JAGANNATH SHETTY
SINCE DECEASED BY HIS LR'S.
1(a) POORNIMA W/O RAVINDRANATH SHETTY
AGE: 57EARS, OCC: HOUSEHOLD
R/O. R.G.MALU ENCLAVE, INDUSTRIAL ARE
EWARGI CROSS KALABURAGI.
1(b) DR. PRATIKSHA D/O RAVINDRANATH
SHETTY W/O NIKHAL SHETTY
AGE: 34 YEARS, OCC: DOCTOR
R/O: DOOR NO.303 B BLOCK
STAFF QUARTERS K.S. HEGDE MEDICAL COLLEGE,
Digitally signed
by RAMESH DERALAKATTE MANGALURU
MATHAPATI KARNATAKA-575018.
Location: High
Court of
Karnataka 1(c) PRAJWAL S/O RAVINDRANATH SHETTY
AGE: 29 YEARS, OCC: BUSINESS,
R/O R.G.MALU ENCLAVE, INDUSTRIAL ARE
JEWARGI CROSS KALABURAGI.
...APPELLANTS
(BY SRI. SHIVANAND PATIL, DVOCATE)
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NC: 2024:KHC-K:2841
RSA No. 7384 of 2010
AND:
RAMAYYA S/O CHANDAYYA YARGOL
SINCE DECEASED
1(a) SAVITRIBAI W/O LATE RAMAYYA YARGOL
AGE: 67 YEARS, OCC: TRADING BUSINEESS,
R/O. MOHAN BAR, STATION ROAD HOUSE,
SITUATED AT SAME LANE KALABURAGI.
1(b) YASHODA W/O RAGHAVENDRA
AGE: 35 YEARS, OCC: HOUSEHOLD
R/O. MOHAN BAR, STATION ROAD HOUSE
SITUATED AT SAME LANE KALABURAGI.
1(c) MEEEKAKSHI W/O AMADAYYA
AGE: 32 YEARS, OCC: HOUSEHOLD,
R/O. MOHAN BAR, STATION ROAD HOUSE
SITUATED AT SAME LANE KALABURAGI.
1(d) MAHESHANKUMAR S/O LATE RAMAYYA
AGE: 22 YEARS, OCC: HOUSEHOLD
R/O. MOHAN BAR, STATION ROAD HOUSE
SITUATED AT SAME LANE KALABURAGI.
...RESPONDENTS
(BY SRI. VENKATESH C. MALLABADI, ADV. FOR R1(a) TO (d))
THIS RSA IS FILED U/S. 100 OF CPC PRAYING TO
ALLOWED BY SETTING ASIDE THE JUDGMENT AND DECREE
DATED 14.08.2007 PASSED IN O.S. NO.141/2006 BY LEARNED
I ADDL. CIVIL JUDGE(SR.DN.) GULBARGA AND JUDGMENT OF
THE APPELLATE COURT R.A.NO.81/2007 JUDGMENT AND
DECREE DATED 31.05.2010 BY LEARNED IV ADDL. DIST.
JUDGE AT GULBARGA CONFIRMING THE SAME,
CONSEQUENTLY DISMISS THE SUIT IN ALTERNATIVE REMIT
THE MATTER TO THE LOWER APPELLATE COURT TO DECIDE
AFRESH AND ETC.
THIS APPEAL, COMING ON FOR SETTLEMENT , THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
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RSA No. 7384 of 2010
JUDGMENT
The learned counsel for the appellant filed a memo in
which it is stated as under:
"MEMO
The parties to the appeal, on the intervention of
elders and well-wishers have amicably settled the
dispute and in terms of such compromise/agreement, it
was agreed by the respondents, represented by
respondent No.1(d), that they shall sell and it was also
agreed by the appellants represented by the appellant
No.1 to purchae the suit sproperty for Rs.4,00,000/-. In
terms thereof, the respondenet No.1(d) on receipt of the
entire consideration amount, has executed a registered
sale deed vie doct.No.25136/2023-24 dated
21.03.2024/27.03.2024 in favour of the appellant No.1
and affirmed the possession of the suit property by the
appellants. Copy of the sale deed is annexed to this
Memo. In view thereof, the appeal would not survive for
consdieration and may be disposed as settled out of
Court.
Hence this Memo."
2. Appellant No.1-Smt. Poornima W/o Ravindranath
Shetty has put her signature to the memo. Appellant No.3
Prajwal S/o Ravindranath Shetty affixed his signature with an
NC: 2024:KHC-K:2841
endorsement "No objection to close the appeal". Copy of the
sale deed dated 21st March, 2024 is also produced along with
sketch and transaction receipt dated March 26, 2024. The
same are placed on record.
3. In view of the memo, appeal is disposed of as settled
out of Court. Registry to send back the Trial Court records to
the concerned Court.
Sd/-
JUDGE
LNN
