Karnataka High Court
Lokamani vs C B Basavaraju on 1 August, 2024
Author: V Srishananda
Bench: V Srishananda
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NC: 2024:KHC:30439
RFA No. 897 of 2017
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 1ST DAY OF AUGUST, 2024
BEFORE
THE HON'BLE MR JUSTICE V SRISHANANDA
REGULAR FIRST APPEAL NO.897 OF 2017
BETWEEN:
1. LOKAMANI,
D/O PUTTANNA,
AGED ABOUT 37 YEARS.
2. NAGAMANI,
D/O PUTTANNA,
AGED ABOUT 35 YEARS.
3. VASANTHA,
D/O PUTTANNA,
AGED ABOUT 32 YEARS.
4. GEETHA,
D/O PUTTANNA,
Digitally signed
AGED ABOUT 32 YEARS.
by DEVIKA M
Location: HIGH 5. SHYLA,
COURT OF D/O PUTTANNA,
KARNATAKA AGED ABOUT 28 YEARS.
APPELLANTS NO.1 TO 5 ARE
RESIDENTS OF CHORANAHALLY
VILLAGE, VARUNA HOBLI,
MYSORE TALUK,
MYSURU DISTRICT-570001.
...APPELLANTS
(BY SMT.ADITI VIVEK GURJER, ADVOCATE FOR
SRI SHRIKARA P.K., ADVOCATE)
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NC: 2024:KHC:30439
RFA No. 897 of 2017
AND:
1. C.B. BASAVARAJU,
S/O ALTE BASVAIAH,
AGED ABOUT 67 YEARS.
2. SUBBANNA,
S/O LATE BASAVAIAH,
AGED ABOUT 53 YEARS.
3. CHINNASWAMY,
S/O LATE BASAVAIAH,
AGED ABOUT 48 YEARS.
4. MUKTHINATH,
S/O C B BASAVARAJU,
AGED ABOUT 34 YEARS.
5. PUTTANNA,
S/O LATE PUTTAMADAPPA,
AGED ABOUT 66 YEARS.
6. SIDDA,
S/O LATE PUTTANNA,
AGED ABOUT 43 YEARS.
RESPONDENTS NO.1 TO 6 ARE
RESIDING AT CHORANAHALLI,
VARUNA HOBLI,
MYSURU TALUK-570001.
7. THE COMMISSIONER,
MYSURU URBAN DEVELOPMENT AUTHORITY,
J.L.B.ROAD, MYSURU.
8. SHIVANNA,
S/O LATE PUTTAMADAPPA,
AGED ABOUT 58 YEARS.
9. MAHADEVAMMA,
W/O SHIVANNA,
AGED ABOUT 55 YEARS.
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NC: 2024:KHC:30439
RFA No. 897 of 2017
10. RAJU,
S/O SHIVANNA,
AGED ABOUT 35 YEARS.
RESPONDENTS NO.8 TO 10 ARE
RESIDING AT CHORANAHALLI,
VARUNA HOBLI, MYSURU TALUK,
MYSORE DISTRICT-570001.
...RESPONDENTS
(BY SRI. CHANDRANATH ARIGA K., ADVOCATE FOR R1 TO R4;
SRI PRAJWAL K. ARADHYA, ADVOCATE FOR R7;
R5, R6, R8, R9 AND R10 ARE SERVED & UNREPRESENTED)
THIS RFA IS FILED UNDER SECTION 96 OF THE CPC 1908,
AGAINST THE JUDGMENT AND DECREE DATED 02.11.2016
PASSED IN O.S.NO.630/2012 ON THE FILE OF THE II ADDL.
SENIOR CIVIL JUDGE AND CJM, MYSURU, DISMISSING THE
SUIT FOR PARTITION AND SEPARATE POSSESSION.
THIS APPEAL COMING ON FOR ORDERS THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE V SRISHANANDA
ORAL JUDGMENT
Memo filed. Memo reads as under:
"The appellants herein most respectfully submit as
follows:
1. The appellants have filed the above appeal
being aggrieved by the Judgment and Decree
dated 02.11.2016 passed in O.S.No.630/2012
by the Hon'ble Court of the II Additional Senior
Civil Judge at Mysore ("Trial Court") dismissing
the suit inter alia for partition and separate
possession claiming 5/7th share in the suit
schedule properties and also for declaration
NC: 2024:KHC:30439
that the sale deeds dated 23.10.2013 and
16.04.2005 as not binding on the appellants.
2. The appellants submits that the parties have
amicable settled the matter and a Settlement
Agreement dated 14.06.2024 has been
executed by the parties. A copy of the said
Settlement Agreement has been produced by
the respondents along with the memo dated
22.07.2024.
3. In view of the above, the appellants most
respectfully submit that the above appeal may
be disposed off as settled.
WHEREFORE, the instant memo may be taken on
record and the above matter may be disposed off as
settled, in the interests of justice and equity."
2. In view of the memo, the appeal is dismissed as
settled out of Court.
Sd/-
(V SRISHANANDA)
JUDGE
MD
