Sri Kariyappa @ Byrappa vs Smt Chikkamma
2024 Latest Caselaw 19892 Kant

Karnataka High Court

Sri Kariyappa @ Byrappa vs Smt Chikkamma on 7 August, 2024

Author: S.G.Pandit

Bench: S.G.Pandit

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                                                          NC: 2024:KHC:31559-DB
                                                           RFA No. 991 of 2008




                   IN THE HIGH COURT OF KARNATAKA AT BENGALURU
                          DATED THIS THE 7TH 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. 991 OF 2008 (DEC)
                   BETWEEN:

                   SRI KARIYAPPA @ BYRAPPA
                   S/O. LATE SRI DODDE GOWDA @
                   KEMPE GOWDA
                   AGED ABOUT 65 YEARS
                   R/AT NO.31/01, B.T.S. MAIN ROAD
                   WILSON GARDEN EXTENSION
                   BANGALORE-560027.                           ...APPELLANT

                   (BY SRI.VINOD REDDY, ADV.)

                   AND:

                   1.    SMT. CHIKKAMMA
Digitally signed         W/O SRI CHIKKANNA
by                       AGED ABOUT 61 YEARS
MARIGANGAIAH
PREMAKUMARI              R/AT NO.31/01, B T S MAIN ROAD
Location: HIGH           WILSON GARDEN EXTENSION
COURT OF                 BANGALORE-560027.
KARNATAKA

                   2.    SRI C CHIKKAIAH
                         S/O. LATE DODDAIAH, MAJOR
                         R/AT THATTEKERE VILLAGE
                         MARALAWADI HOBLI
                         KANAKAPURA TALUK-562117
                         BANGALORE DISTRICT.              ...RESPONDENTS

                    (BY SRI. G RAVISHANKAR AND SRI A.V. GANGADHARAPPA,
                   ADV. FOR C/R1)
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                                        NC: 2024:KHC:31559-DB
                                            RFA No. 991 of 2008




     THIS APPEAL IS FILED UNDER SECTION 96 OF CPC
AGAINST THE JUDGMENT AND DECREE DATED 20.03.2008
PASSED IN OS.NO.1355/1987 ON THE FILE OF THE II
ADDL.CITY CIVIL JUDGE, BANGALORE CITY, DECREEING THE
SUIT FOR DECLARATION AND POSSESSION AND ETC.

    THIS APPEAL, COMING ON FOR HEARING, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM:   HON'BLE MR JUSTICE S.G.PANDIT
         AND
         HON'BLE MR JUSTICE C.M. POONACHA

                   ORAL JUDGMENT

(PER: HON'BLE MR JUSTICE S.G.PANDIT)

Learned counsel for the appellant Sri.Vinod Reddy

files a memo for withdrawal, which reads as follows:

"I appellant submit that the dispute involved between the parties in the above appeal has been settled between them before the Mediation Center, Bengaluru and same was reported before Hon'ble Supreme Court in Civil Appeal Nos.1846-1847/2010 and same were disposed accordingly vide order 13.03.2024.

The said civil appeal was between the parties in the above case and other family members. The subject matter of the above appeal was also one of the items in the said civil appeal. In the said settlement the property involved in the above appeal has been

NC: 2024:KHC:31559-DB

fallen to the share of appellant herein. The true copy of the settlement agreement and order passed by the Honb'le Supreme Court in Civil Appeal No.1846-1847/2010 is produced along with this memo for ready reference of this Hon'ble Court.

WHEREFORE, the appellant in the above appeal pray that this Hon'ble Court be pleased to dispose the above appeal as not pressed, in the interest of justice."

In terms of the above memo, the appeal is disposed

of as not pressed.

Sd/-

(S.G.PANDIT) JUDGE

Sd/-

(C.M. POONACHA) JUDGE

MPK CT:bms