Smt Bylamma vs Channappa
2024 Latest Caselaw 5008 Kant

Karnataka High Court

Smt Bylamma vs Channappa on 19 February, 2024

Author: Pradeep Singh Yerur

Bench: Pradeep Singh Yerur

                                              -1-
                                                          NC: 2024:KHC:6951
                                                       RSA No. 2009 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. 2009 OF 2016 (DEC)

                   BETWEEN:

                   1.   SMT. BYLAMMA
                        D/O. M. RAMAIAH,
                        W/O. THIMMAPPA,
                        AGED ABOUT 64 YEARS,
                        RESIDENT OF HEGGADADEVANAPURA,
                        ALUR POST, DASANAPURA HOBLI,
                        BENGALURU SOUTH TALUK.
                                                           ...APPELLANT
                   (BY SRI. PRASANNA KUMAR C.S., ADVOCATE)


                   AND:

Digitally signed   1.   CHANNAPPA,
by V KRISHNA            S/O. LATE. KEMPAHANUMAIAH,
Location: High          AGED ABOUT 74 YEARS.
Court of
Karnataka
                   2.   ASHWATHANARAYANA,
                        S/O CHANNAPPA,
                        AGED ABOUT 38 YEARS,
                        THE RESPONDENTS NO.1 AND 2 ,
                        ARE RESIDENTS OF
                        HEGGADADEVANAPURA,
                        ALUR POST, DASANAPURA HOBLI,
                        BENGALURU NORTH TALUK.
                              -2-
                                           NC: 2024:KHC:6951
                                       RSA No. 2009 of 2016




3.   M.RAMAIAH,
     S/O. BYLAPPA,
     DELETED AS DEAD AS PER ORDER
     DATED : 16-07-2014

                                           ...RESPONDENTS
(BY SRI. K. V. NARASIMHAN., ADVOCATE)

      RSA IS FILED UNDER SEC.100 OF CIVIL PROCEDURE
CODE., AGAINST THE JUDGMENT AND DECREE DATED
22.08.2016 PASSED IN RA NO.137/2012 ON THE FILE OF THE
VIII ADDL. DISTRICT AND SESSIONS JUDGE, BENGALURU
RURAL DISTRICT, BENGALURU, DISMISSING THE APPEAL
AND CONFIRMING THE JUDGMENT AND DECREE DATED
12.03.2012 PASSED IN OS NO.1650/2009 ON THE FILE OF THE
SENIOR CIVIL JUDGE AND JMFC., NELAMANGALA AND ETC.

      THIS APPEAL, COMING ON FOR ORDERS, THIS DAY,

THE COURT DELIVERED THE FOLLOWING:

                          ORDER

Learned counsel for the appellant has filed a memo

dated 13.02.2024 stating that the matter has been amicably

settled between the parties at the intervention of the elders

and well wishers. Hence, he seeks to withdraw the appeal as

not pressed.

2. Placing the memo on record, appeal is dismissed as

not pressed.

NC: 2024:KHC:6951

3. Registry is directed to refund the entire court

fee, in view of the matter having been settled, upon proper

verification.

Sd/-

JUDGE

AMM