Sri Venkatachalappa vs Smt Shivarajamma
2024 Latest Caselaw 4982 Kant

Karnataka High Court

Sri Venkatachalappa vs Smt Shivarajamma on 19 February, 2024

Author: Pradeep Singh Yerur

Bench: Pradeep Singh Yerur

                                             -1-
                                                           NC: 2024:KHC:6943
                                                         RSA No. 368 of 2016




                      IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                        DATED THIS THE 19TH DAY OF FEBRUARY, 2024

                                          BEFORE
                      THE HON'BLE MR JUSTICE PRADEEP SINGH YERUR
                      REGULAR SECOND APPEAL NO. 368 OF 2016 (DEC)
                 BETWEEN:


                       SRI VENKATACHALAPPA,
                       SINCE DEAD BY HIS LR'S.

                 1.    SMT. LAKSHMAMMA,
                       W/O. LATE VENKATACHALAPPA,
                       AGED ABOUT 55 YEARS.

                 2.    SMT. JYOTHI
                       D/O. LATE SRI. VENKATACHALAPPA,
                       AGED ABOUT 28 YEARS.

                 3.    SRI. SHIVARAJU,
                       S/O. LATE SRI. VENKATACHALAPPA,
                       AGED ABOUT 24 YEARS.

                 4.    SRI. RAVI,
Digitally
signed by V            S/O. LATE VENKATACHALAPPA,
KRISHNA                AGED ABOUT 20 YEARS.
Location: High
Court of         5.    KUM. SUMATHI,
Karnataka              D/O. LATE SRI. VENKATACHALAPPA,
                       AGED ABOUT 16 YEARS,
                       APPELLANT NO.1,
                       BEING MINOR IS REPRESENTED,
                       BY HER NATURAL GUARDIAN
                       I.E. MOTHER (LAKSHMAMMA).

                 6.    SMT. LAKSHMAMMA,
                       D/O. LATE SRI. CHANNAPPA,
                       AGED ABOUT 62 YEARS.
                            -2-
                                       NC: 2024:KHC:6943
                                    RSA No. 368 of 2016




7.   SMT. BHAGYAMMA,
     D/O. LATE SRI. CHANNAPPA,
     AGED ABOUT 55 YEARS.

8.   SRI. NARAYANAPPA,
     S/O. LATE SRI. CHANNAPPA,
     AGED ABOUT 62 YEARS.

9.   SRI. BYLAPPA,
     S/O. LATE SRI. CHANNAPPA,
     AGED ABOUT 44 YEARS.

10. SRI. THIMMAPPA,
    S/O. LATE SRI. CHANNAPPA,
    AGED ABOUT 40 YEARS.

11. GAYATHRI
    D/O. LATE VENKATACHALAPPA.,

     ALL ARE R/AT BYRASHETTAHALLI VILLAGE,
     NELAMANGALA TALUK,
     BANGALORE RURAL DISTRICT - 562 123.
                                             ...APPELLANTS

(BY SRI. HARSHA D. JOSHI.,
    SRI. B.N. ANANTHANARAYAN., ADVOCATES)

AND:


1.   SMT. SHIVARAJAMMA,
     W/O. SRI. GURUSIDDAPPA,
     AGED ABOUT 60 YEARS,
     RESIDING AT PARAMANNA LAYOUT,
     NELAMANGALA TOWN, NELAMANGALA TALUK,
     BANGALORE RURAL DISTRICT,
     PINCODE - 562 123.

2.   SRI. DHASHARATHA
     S/O. SRI. MARKANDA NAIDU,
     AGED ABOUT 56 YEARS,
                                  -3-
                                                 NC: 2024:KHC:6943
                                              RSA No. 368 of 2016




     RESIDING AT NO.184, 12TH A CROSS,
     2ND STAGE, WEST OF CHORD ROAD,
     BANGALORE - 560 086.

3.   SMT. CHANNAMMA,
     D/O. LATE SRI. CHANNAPPA,
     AGED ABOUT 70 YEARS,
     R/AT RK WOOD WORKS, SHIVAGANGE ROAD,
     NEAR KEB OFFICE, DABASPET,
     BANGALORE RURAL DISTRICT
     PINCODE - 562 111.
                                      ...RESPONDENTS

(BY SRI. RAJESHWARA P.N., ADVOCATE FOR R2)


      THIS RSA IS FILED UNDER SECTION 100 OF THE CPC,
AGAINST THE JUDGMENT AND DECREE DATED 17.2.2016
PASSED IN RA NO.51/2015 ON THE FILE OF THE PRINCIPAL
DISTRICT JUDGE, BENGALURU RURAL DISTRICT, BENGALURU
DISMISSING THE APPEAL FILED AGAINST THE JUDGMENT AND
DECREE DATED 25.2.2015 PASSED IN OS NO 542/2009 ON
THE FILE OF THE SENIOR CIVIL JUDGE NELAMANGALA.

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

                            JUDGMENT

Learned counsel for appellants' files a memo stating submitting

that the parties have amicably settled the matter out of the Court

and he seeks for dismissal of this appeal as not pressed.

NC: 2024:KHC:6943

2. Placing the submission and memo on record appeal

is dismissed as not pressed.

Sd/-

JUDGE

AMM,