Smt Bharathi vs Chennaiah
2024 Latest Caselaw 3938 Kant

Karnataka High Court

Smt Bharathi vs Chennaiah on 8 February, 2024

                                                 -1-
                                                          NC: 2024:KHC:5583
                                                       RFA No. 1400 of 2011




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                          DATED THIS THE 8TH DAY OF FEBRUARY, 2024

                                           BEFORE
                              THE HON'BLE MR JUSTICE C M JOSHI
                         REGULAR FIRST APPEAL NO. 1400 OF 2011 (SP)
                   BETWEEN:

                         SMT BHARATHI
                         AGED ABOUT 41 YEARS,
                         W/O KODANDARAMAIAH,
                         VISHWANEEDAM POST,
                         BANGALORE NORTH TALUK,
                         BANGALORE-91.
                                                               ...APPELLANT
                   (BY SRI. R KUMAR A/W SRI.C.R.GOPALASWAMY, SENIOR
                        ADVOCATE)


                   AND:

                   1.    CHENNAIAH,
                         S/O LATE CHENNAIAH
Digitally signed
by                       AGED ABOUT 74 YEARS,
ANNAPURNA G              R/O NO.377, 3RD STAGE,
Location: High
Court of                 SARAKKI, BANGALORE-78.
Karnataka
                   2.    SRI. SURENDRA
                         S/O LATE CHENNAIAH,
                         AGED ABOUT 32 YEARS,
                         R/O NO.377, 3RD STAGE,
                         SARAKKI, BANGALORE-78

                   3.    ANANNTHA KUMAR
                         SINCE DEAD BY HIS LRS
                             -2-
                                            NC: 2024:KHC:5583
                                         RFA No. 1400 of 2011




(i)    SARASWATHI & LAKSHMI
       AGED ABOUT 38 YEARS,
       R/O NO.377, 3RD STAGE,
       SARAKKI, BANGALORE-78.

(ii)   SOWMYA
       AGED ABOUT 21 YEARS,
       R/O NO.377, 3RD STAGE,
       SARAKKI, BANGALORE-78.

(iii) REKHA
      AGED ABOUT 17 YEARS,
      R/O NO.377, 3RD STAGE,
      SARAKKI, BANGALORE-78.

4.     SRI. VIJAYA KUMAR
       S/O LATE CHENNAIAH,
       AGED ABOUT 36 YEARS,
       R/O NO.377, 3RD STAGE,
       SARAKKI, BANGALORE-78.

5.     SRI. CHANDRASHEKAR
       S/O LATE CHENNAIAH,
       AGED ABOUT 34 YEARS,
       R/O NO.377, 3RD STAGE,
       SARAKKI, BANGALORE-78.

6.     SRI. SUNDAR RAMMURTHY,
       AGED ABOUT 77 YEARS,
       R/O NO.1, SAROJA MILL BUILDING,
       SUNKALPET, BANGALORE.
                                             ...RESPONDENTS
(BY SRI. R RAVISHANKAR AND SRI.L.RAJA., ADVOCATE FOR
     R1,R2 AND R4)
                               -3-
                                             NC: 2024:KHC:5583
                                         RFA No. 1400 of 2011




     THIS RFA IS FILED U/SEC.96 OF CPC, AGAINST THE
JUDGMENT AND DECREE DATED 07.04.2011 PASSED IN
O.S.10585/1998 ON THE FILE OF THE XXVI-ADDL. CITY CIVIL
JUDGE, MAYO HALL, BANGALORE CITY, DECREEING THE SUIT
FOR SPECIFIC PERFORMANCE AND ETC.,

    THIS APPEAL, COMING ON FOR HEARING, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:


                         JUDGMENT

Learned counsel appearing for the appellant has filed

memo stating that the matter is settled out of the Court and

therefore, appellant do not wish to prosecute the appeal.

2. Hence, the appeal stands dismissed as withdrawn.

Sd/-

JUDGE

AM