Karnataka High Court
Smt Puttalakshmamma vs Smt Channamma on 8 February, 2024
-1-
NC: 2024:KHC:5468
RFA No. 733 of 2010
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 08TH DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE S RACHAIAH
REGULAR FIRST APPEAL NO. 733 OF 2010 (PAR)
BETWEEN:
SMT PUTTALAKSHMAMMA
AGED ABOUT 50 YEARS
W/O SRI. HANUMANTHAIAH
R/AT NO. 222,KENGUTTA
MALLATHALLI, YESHWANTHPURA HOBLI
BANGALORE NORTH TALUK - 560 022.
...APPELLANT
(BY SRI. T SRINIVASAN, ADVOCATE)
AND:
1. SMT. CHANNAMMA
W/O LATE M. NARAYANA
AGED ABOUT 54 YEARS
2. SMT. SARASWATHI
Digitally D/O LATE M. NARAYANA
signed by
SUDHA S AGED ABOUT 32 YEARS
Location:
HIGH COURT
OF 3. MR. SHIVANNA
KARNATAKA S/O LATE M. NARAYANA
AGED ABOUT 30 YEARS
4. MR. MUNIRATHNA
S/O LATE M. NARAYANA
AGED ABOUT 28 YEARS
5. MR. JAGGESH
S/O LATE M. NARAYANA
AGED ABOUT 26 YEARS
-2-
NC: 2024:KHC:5468
RFA No. 733 of 2010
NOS. 1 TO 5 ARE R/AT NO. 53,
KENGUTTA, MALLATHALLI,
YESHWANTHPURA HOBLI,
BANGALORE NORTH TALUK - 560 022.
6. SRI. C. SHIVARUDRAIAH
S/O. LATE CHIKKAMUNIYAPPA
AGED ABOUT 62 YEARS
R/AT NO.5, SURVEY NO.33/2
KENGUTTA, MALLATHALLI
YESHWANTHPURA HOBLI
BANGALORE NORTH TALUK - 560 022.
7. SRI. HANUMANTHAIAH
S/O LATE CHIKKAMUNIYAPPA
AGED ABOUT 60 YEARS
R/AT NO. 853, GNANAJYOTHI NAGAR
MALLATHALLI, YESHWANTHPURA HOBLI
BANGALORE NORTH TALUK - 560 022.
8. SRI. KEENCHAIAH
S/O LATE CHIKKAMUNIYAPPA
AGED 52 ABOUT YEARS
R/AT NO. 85, MALLATHALLI GNANAJYOTHI NAGAR,
YESHWANTHPURA HOBLI
BANGALORE NORTH TALUK - 560 022.
...RESPONDENTS
(BY SRI. P D SURANA, ADVOCATE FOR R1 TO R5 AND R8;
SRI. BIPIN HEGDE, ADVOCATE FOR R6;
R7 IS SERVED AND UNREPRESENTED)
THIS RFA IS FILED U/S 96 R/W, UNDER ORDER 41, RULE 1 OF
CPC, AGAINST THE JUDGMENT AND DECREE DATED 15.01.2010
PASSED IN O.S.10209/2005 ON THE FILE OF THE XXII ADDITIONAL
CITY CIVIL JUDGE, (CCH-7) AT BANGALORE, AND CONSEQUENTLY
TO DECREE THE SUIT OF THE APPELLANT IN O.S. NO.10209/2005
ON THE FILE OF THE XXII ADDITIONAL CITY CIVIL JUDGE, (CCH-7)
AT BANGALORE AND ETC.,
THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
-3-
NC: 2024:KHC:5468
RFA No. 733 of 2010
JUDGMENT
1. Heard Shri T.Srinivasan, learned counsel for the
appellant, Shri P.D.Surana, learned counsel for the respondent
Nos.1 to 5 and 8 and Shri Bipin Hegde, learned counsel for the
respondent No.6.
2. Learned counsel for the appellant has filed a memo of
even date seeking to dismiss the appeal as not pressed. The
memo is taken on record.
3. The appellant and the respondent No.6 are present
and are identified by their respective counsels. The Memo is
duly signed by the appellant and learned counsel for appellant.
The averments made in the said memo read thus:-
"The undersigned counsel for Appellant submits
that the Appellant herein filed the above appeal
being aggrieved by the judgment passed in
OS.No.10209/2005. The Appellant originally
filed a suit for partition in OS.No.10209/2005
against the Respondents for allotment of 1/6th
share. As such the Trial Court on 16.01.2010
decreed the suit partly by directing the
Respondent No.6 to allot two guntas of land in
Sy.No.103/2 of Mallathalli Village,
Yeswanthpura Hobli, Bengaluru North Taluk.
As such during the pendency of the above suit,
NC: 2024:KHC:5468
due to intervention of elders and well-wishers,
I have reached a settlement with the
Respondent No.6 by receiving a sum of
Rs.40,00,000/- (Rupees Forty Lakhs only) by
cheque Nos.235157 and 235158 (each for
Rs.20,00,000/-) of Karnataka Bank, CBS
Branch, Bengaluru in lieu of two guntas of
land, in full and final settlement. Further, I
and my family members hereby declare that
we have no more claim whatsoever against
Respondents. Hence, this memo may be taken
on record and dismiss the suit as not pressed,
in the interest of justice and equity."
(sic)
4. On perusal of the above said averments of the
memo, it is appropriate to dismiss the Regular First Appeal as
not pressed. Ordered accordingly.
Sd/-
JUDGE
BSS
