Karnataka High Court
H G Satyanarayana Babu vs H G Prasanna Kumar on 2 August, 2024
Author: S.G.Pandit
Bench: S.G.Pandit
-1-
NC: 2024:KHC:30614-DB
RFA No. 963 of 2013
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 2ND DAY OF AUGUST, 2024
PRESENT
THE HON'BLE MR JUSTICE S.G.PANDIT
AND
THE HON'BLE MR JUSTICE C.M. POONACHA
REGULAR FIRST APPEAL NO. 963 OF 2013 (PAR)
BETWEEN:
H G SATYANARAYANA BABU
S/O LATE H GOPALA SHETTY
AGED ABOUT 48 YEARS
OCCUPATION: BUSINESSMAN
R/O GOPALA NILAYA
OPP:SHIMOGA RICE MILL
HONNALI ROAD, BAPUJINAGARA
SHIMOGA-577201
...APPELLANT
(BY SMT RASHMI JADHAV., ADVOCATE)
AND:
Digitally
signed by 1. H G PRASANNA KUMAR
BHARATHI S S/O LATE H G GOPALA SHETTY
Location: AGED ABOUT 64 YEARS
HIGH
COURT OF OCC:BUSINESSMAN
KARNATAKA R/O HOUSE NO.35
4TH CROSS, RAJENDRANAGARA
NEAR ROTARY SCHOOL
SHIMOGA CITY-577201
2. H G KAMALAKSHAMMA
W/O LATE H GOPAL SHETTY
AGED ABOUT 89 YEARS
R/O GOPALA NILAYA
OPP SHIMOGA RICE MILL
HONNALI ROAD, BAPUJINAGARA
SHIMOGA-577201
-2-
NC: 2024:KHC:30614-DB
RFA No. 963 of 2013
3. H G SURYANARAYANA SHETTY
S/O LATE H GOPALA SHETTY
AGED ABOUT 66 YEARS
BUSINESSMAN
PARTNER, H G NATARAJA SHETTY & CO
BLOCK F-8, APMC YARD
OPP TO SHIMOGA RICE MILL
SHIMOGA-577201
4. H G NATARAJA SHETTY
S/O LATE H GOPALA SHETTY
AGED ABOUT 55 YEARS
BUSINESSMAN
R/O GOPALA NILAYA
OPP SHIMOGA RICE MILL
HONNALI ROAD, BAPULINAGARA
SHIMOGA-577201
5. H G MANJULA
W/O K S MANJUNATHA
D/O LATE H GOPALA SHETTY
AGED ABOUT 46 YEARS
HOUSEHOLD
R/A AJANTHA PALACE
SF-3, OPP SKA TELEPHONE EXCHANGE
B S K 3RD STAGE
BANGALORE-560085
6. H G REKHA
W/O P S SREEDHARA SHETTY
D/O LATE H GOPALA SHETTY
AGED ABOUT 45 YEARS
HOUSEHOLD
KOTTORU, OPP BUS STAND
DAVANAGERE DISTRICT-577001
7. H G VASAKI
W/O H R SATHISH
D/O LATE H GOPALA SHETTY
AGED ABOUT 42 YEARS
NO.21, BHARGAVI
15TH MAIN, KATHRUGUPPE
BANGALORE-560085
8. H G SUMA
W/O RAMESH BABU
-3-
NC: 2024:KHC:30614-DB
RFA No. 963 of 2013
D/O LATE H GOPALA SHETTY
AGED ABOUT 40 YEARS
KANNIKA MEDICAL & GENERAL STORES
SANTHE BACHAHALLI
K R PETE TALUK
MANDYA DISTRICT-571426
9. B S CHANDRAKUMAR
S/O LATE SHIVARUDRAIAH
AGED ABOUT 51 YEARS
R/O MALAVAGOPPA
SHIMOGA TALUK-577201
10. SHIVAKUMARA
S/O LATE SHIVARUDRAIAH
AGED ABOUT 54 YEARS
R/O LIG NO.390
ARCHANA NILAYA
KHB COLONY, 2ND STAGE
KALLAHALLI EXTN.,
SHIMOGA CITY-577201
11. SADIQ BASHA
S/O S R ABDUL KAREEM
AGED ABOUT 41 YEARS
C/O ABBALAGERE ABBAS COMPOUND
8TH CROSS, BAPUJINAGARA
SHIMOGA-577201
12. V G SREEKAR
S/O GAJANANA BHAT
AGED ABOUT 52 YEARS
R/O KUVEMPU ROAD
SHIMOGA CITY-577201
13. C NISHANTH
S/O K CHANDRASHEKAR
AGED ABOUT 33 YEARS
R/O NIDAGALALE VILLAGE
MANDAGADDE POST
THIRTHAHALLI TALUK-577201
14. M G CHANDRASHEKHAR
S/O NOT KNOWN TO APPELLANT
AGED ABOUT 45 YEARS
SHANTHI BATLLE SUPPLIES
-4-
NC: 2024:KHC:30614-DB
RFA No. 963 of 2013
10TH CROSS, BAPUJINAGARA
OPP: SHIMOGA RICE MILL
HONNALI ROAD
SHIMOGA-577201
15. A GOVINDAN
S/O ARJUN GOVINDAN
BATTLE SUPPLIES
10TH CROSS, BAPUJINAGARA
OPP SHIMOGA RICE MILL
HONNALI ROAD, SHIMOGA-577201
16. MADHA
S/O VYASA RAY
MADHA BATTLE SUPPLIES
10TH CROSS, BAPUJINAGARA
OPP SHIMOGA RICE MILL
HONNALI ROAD, SHIMOGA-577201
...RESPONDENTS
(BY SMT. H T ANNAPOORNA, ADVOCATE FOR
SRI. S V PRAKASH, ADVOCATE FOR R1, R5, R6 TO R8
SRI. SHOWRI H R, ADVOCATE FOR R3 & R4
SRI. B S PRASAD, ADVOCATE FOR R9 TO R12
SRI V D RAVIRAJ, ADVOCATE FOR R13
R14, R16, R2 ARE SERVED
R15 DELETED V/O DATED 16.8.2018)
THIS RFA IS FILED U/SEC.96 OF CPC, AGAINST THE
JUDGMENT AND DECREE DATED 28.02.2013 PASSED IN
O.S.NO.39/2008 ON THE FILE OF I-ADDITIONAL SENIOR CIVIL
JUDGE AND CJM, SHIVAMOGGA, PARTLY DECREEING THE SUIT FOR
PARTITION AND SEPARATE POSSESSION AND ETC.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE S.G.PANDIT
and
HON'BLE MR JUSTICE C.M. POONACHA
-5-
NC: 2024:KHC:30614-DB
RFA No. 963 of 2013
ORAL JUDGMENT
(PER: HON'BLE MR JUSTICE S.G.PANDIT)
1. Smt. Rashmi Jadhav, learned counsel appears for the
appellant.
2. Learned counsel for the appellant has filed a memo dated
25.7.2024 seeking leave of the Court to withdraw the appeal stating
that the dispute is settled between the parties.
2. Memo is placed on record.
3. Appeal is dismissed as withdrawn.
SD/-
(S.G.PANDIT)
JUDGE
SD/-
(C.M. POONACHA)
JUDGE
BS
