Karnataka High Court
Smt Shanthamma vs Sri Rajagopal Naidu on 7 February, 2024
Author: Hanchate Sanjeevkumar
Bench: Hanchate Sanjeevkumar
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NC: 2024:KHC:5396
RFA No. 456 of 2008
C/W HRRP No. 29 of 2010
HRRP No. 30 of 2010
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 7TH DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR
REGULAR FIRST APPEAL NO.456 OF 2008 (INJ)
C/W
HOUSE RENT REV. PETITION NO.29 OF 2010,
HOUSE RENT REV. PETITION NO.30 OF 2010
IN RFA NO.456/2008:
BETWEEN:
SMT. SHANTHAMMA
W/O. PANDURANGA SHETTY,
AGED ABOUT 65 YEARS,
R/AT NO.3, SWEET WATER WELL ROAD,
NAGASHETTYHALLI, SANJAYANAGAR,
BANGALORE - 560 371.
...APPELLANT
(BY SRI. R SHYAMA, ADVOCATE)
Digitally signed by
RAMYA D AND:
Location: HIGH
COURT OF
KARNATAKA 1. SRI. RAJAGOPAL NAIDU,
S/O. VENKATASWAMY NAIDU,
AGED ABOUT 50 YEARS,
R/O. NO.486, NEW BEL ROAD,
CHIKKAMARANAHALLI,
BANGALORE - 54
2. THE COMMISSIONER,
BANGALORE MAHANAGARA PALIKE,
BANGALORE.
...RESPONDENTS
(BY SRI. VENKATESH.R. BHAGAT FOR R1;
SRI. S.N. PRASHANTH CHANDRA FOR R2)
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NC: 2024:KHC:5396
RFA No. 456 of 2008
C/W HRRP No. 29 of 2010
HRRP No. 30 of 2010
THIS RFA IS FILED U/S 96 OF THE CPC AGAINST THE
JUDGEMENT AND DECREE DT. 23.2.08 PASSED IN OS
NO.2769/2000 ON THE FILE OF THE XXXIX ADDITIONAL CITY
CIVIL JUDGE, BANGALORE, (CCH.NO.40), DISMISSING THE
SUIT FOR PERMANENT INJUNCTION.
IN HRRP NO.29/2010:
BETWEEN:
1. SMT. SHANTHAMMA
W/O PANDURANGA SETTY,
AGED ABOUT 55 YEARS,
RESIDING AT NO.3,
SWEET WATER WELL ROAD,
NAGASHETTYHALLI,
SANJAYANAGAR,
BANGALORE - 560 094.
2. SMT. AMUDA
D/O PANDURANGA SHETTY,
AGED ABOUT 32 YEARS,
R/A NO.3, SWEET WATER WELL ROAD,
NAGASHETTYHALLI,
SANJAYANAGAR,
BANGALORE - 560 094.
...PETITIONERS
(BY SRI. S GIRISH, ADVOCATE)
AND:
SRI. RAJAGOPAL NAIDU
S/O B. VENKATASWAMY NAIDU,
AGED ABOUT 55 YEARS,
R/A NO.486, NEW BEL ROAD,
CHIKKAMARANAHALLI,
BANGALORE - 560 094.
...RESPONDENT
(BY SRI. VENKATESH. R. BHAGAT, ADVOCATE)
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NC: 2024:KHC:5396
RFA No. 456 of 2008
C/W HRRP No. 29 of 2010
HRRP No. 30 of 2010
THIS HRRP IS FILED U/S 46(1) OF KR ACT, AGAINST THE
ORDER DATED 27.01.2010 PASSED ON HRC. NO. 167/2004,
PASSED BY THE XIII ADDITIONAL JUDGE, COURT OF SMALL
CAUSES, BANGALORE, ALLOWING THE PETITION FILED UNDER
SEC. 27(2)(O)(Q)AND (R) OF K. R ACT.
IN HRRP NO.30/2010:
BETWEEN:
SMT. AMUDA,
D/O PANDURANGA SETTY,
AGED ABOUT 32 YEARS,
R/A NO.3, SWEET WATER WELL ROAD,
NAGASHETTYHALLI,
SANJAYANAGAR,
BANGALORE - 560 094.
...PETITIONER
(BY SRI. S GIRISH, ADVOCATE)
AND:
SRI. RAJAGOPAL NAIDU
S/O B. VENKATASWAMY NAIDU,
AGED ABOUT 55 YEARS,
RESIDING AT NO. 486,
NEW BEL ROAD,
CHIKKAMARANAHALLI,
BANGALORE - 560 094.
...RESPONDENT
(BY SRI. VENKATESH. R. BHAGAT, ADVOCATE)
THIS HRRP FILED U/S 46(1) OF KR ACT, AGAINST THE
ORDER DATED 27.1.2010 PASSED IN HRC.NO.168/2004 ON
THE FILE OF THE XIII ADDL. SMALL CAUSES JUDGE &
MEMBER, MACT, BANGALORE, (SSCH-15), ALLOWING
PETITION FILED U/S 27(2)(O)(Q) & (R)OF K.R. ACT.
THESE MATTERS, COMING ON FOR FINAL HEARING, THIS
DAY, THE COURT DELIVERED THE FOLLOWING:
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NC: 2024:KHC:5396
RFA No. 456 of 2008
C/W HRRP No. 29 of 2010
HRRP No. 30 of 2010
JUDGMENT
Learned counsel for the appellant, petitioners and
respondents have filed a Joint Memo stating that they
have settled the matters amicably out of Court and
therefore, prays to dispose of the above matters.
2. The Joint Memo is placed on record.
Accordingly, RFA No.456/2008, HRRP Nos.29/2010 and
30/2010 are hereby disposed of in terms of the Joint
Memo. The copy of the Joint Memo shall be part and
parcel of this order.
3. The Court fee paid by the appellant in RFA
No.456/2008 shall be refunded to the appellant with
proper identification of the appellant by the learned
Advocate.
Sd/-
JUDGE
DR
