Karnataka High Court
Sri T Srinivasa vs Smt L Rajani on 1 August, 2024
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NC: 2024:KHC:30572
RSA No. 1724 of 2015
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 1ST DAY OF AUGUST, 2024
BEFORE
THE HON'BLE MR JUSTICE ASHOK S.KINAGI
REGULAR SECOND APPEAL NO.1724 OF 2015 (DEC)
BETWEEN:
1. SRI T SRINIVASA
S/O LATE SRI THIMMAIAH,
SINCE DEAD BY HIS LR'S
1(A) SMT. SUNDRAMMA
W/O LATE SRI. T. SRINIVASA
AGED ABOUT 52 YEARS
R/O DOOR No.603, 3RD CROSS,
MASJID ROAD, NAZARBAD MOHALL
MYSURU - 570 010
1(B) SMT. USHA S
D/O LATE T. SRINIVASA
Digitally W/O SRI. PRASHANTH M.G.
signed by R AGED ABOUT 29 YEARS
DEEPA PRESENTLY R/AT No.103, 'PIONEER PARADISE'
Location: APARTMENT RAGHAVANA PALYA
HIGH J.P. NAGAR, 9TH PHASE
COURT OF BENGALURU - 560 083
KARNATAKA ...APPELLANTS
(BY SRI. SOMASHEKARA K M., ADVOCATE)
AND:
SMT L RAJANI
W/O SRI M. MAHADEVAIAH,
AGED ABOUT 42 YEARS,
R/O NO.18
BEHIND WATER TANK
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NC: 2024:KHC:30572
RSA No. 1724 of 2015
TRIVENI NAGAR,
T.NARASIPURA TOWN,
MYSURU DISTRICT - 571 124.
...RESPONDENT
(BY SRI. MAN MOHAN P.N., ADVOCATE)
THIS RSA IS FILED UNDER SEC.100 OF CPC., AGAINST
THE JUDGMENT AND DECREE DATED 1.7.2015 IN RA
NO.38/2013 ON THE FILE OF THE V ADDITIONAL DISTRICT &
SESSIONS JUDGE, MYSURU, DISMISSING THE APPEAL AND
CONFIRMING THE JUDGMENT AND DECREE DATED 6.11.2012
IN OS NO.344/2007 ON THE FILE OF THE PRINCIPAL JUDGE,
SMALL CAUSES AND SENIOR CIVIL JUDGE, MYSURU.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE ASHOK S.KINAGI
ORAL JUDGMENT
The appellants No.1(a) and 1(b) and respondent are
present before this Court. They are identified by their
respective counsel. They have filed a joint memo. The
joint memo reads as under:
"The appellant submit that he has filed the suit
for declaration of title and permanent injunction
and the same came to be dismissed by judgment
and decree dated 06/11/2012. Aggrieved by the
said judgment, the appellant has preferred an
appeal vide R.A.No.38/2013 before the 5th Addl.
NC: 2024:KHC:30572
District and Sessions Judge, Mysore. But the said
appeal also came to be dismissed by the judgment
dated 01/07/2015. Aggrieved by the judgment
and decree of the courts below, the appellant
herein preferred this appeal.
At the intervention of the friends and well-
wishers, the parties are decided to resolve the
dispute. In furtherance of the same, the
respondent Smt. L. Rajani has executed a
registered sale deed dated 22/07/2024 vide
document No.MYN-1-04135-2024-25, dated
26/07/2024 before the Senior Sub-Registrar,
Mysore North and thereby the respondent has sold
and conveyed the absolute rights and possession in
favour Smt. Sunandamma, W/o Late T. Srinivas
and Smt. Usha S., D/o Late T. Srinivas in respect
of the suit schedule property by executing the
above referred sale deed. The appellants have
been in undisputed possession and enjoyment of
the suit schedule property.
The respondent declare that, forthwith the
execution of sale deed in favour of the appellant,
she conveyed the absolute rights and put them in
possession of the suit schedule property. Herein
afterwards, the respondent has no rights,
possession and whatsoever over the suit schedule
property."
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2. The contents of the joint memo is read over to
them in the language known to them. They have
understood and accepted the terms and conditions of the
joint memo.
3. The joint memo is accepted.
4. Accordingly, the appeal is dismissed as not
pressed. Draw decree in terms of the joint memo.
SD/-
(ASHOK S. KINAGI)
JUDGE
RD
