Karnataka High Court
Sri N B Suryanarayana vs Sri N B Jayakumar on 20 February, 2024
Author: Krishna S Dixit
Bench: Krishna S Dixit
-1-
NC: 2024:KHC:7033-DB
RFA No. 75 of 2021
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 20TH DAY OF FEBRUARY, 2024
PRESENT
THE HON'BLE MR JUSTICE KRISHNA S DIXIT
AND
THE HON'BLE MR JUSTICE G BASAVARAJA
REGULAR FIRST APPEAL NO. 75 OF 2021 (PAR)
BETWEEN:
1. SRI.N.B.SURYANARAYANA,
AGED ABOUT 79 YEARS,
S/O LATE N.K.BHARATHRAJ SETTY,
RESIDING AT "KRISHNA PARK FRONT APARTMENTS",
NO.204, II FLOOR, KARIYAPPA ROAD,
BASAVANAGUDI,
BANGALORE - 560 004.
2. SMT.N.K.RAJESHWARI,
AGED ABOUT 63 YEARS,
W/O LATE N.B.KRISHNAMURTHY,
RESIDING AT NO.266,
Digitally signed MIDDLE SCHOOL ROAD,
by SHARADA
VANI B V.V.PURAM,
Location: HIGH BANGALORE - 560 004.
COURT OF ...APPELLANTS
KARNATAKA
(BY SRI. Y.K. NARAYANA SHARMA, ADVOCATE AND
SRI. Y.V. PRAKASH, ADVOCATE)
AND:
SRI.N.B.JAYAKUMAR,
AGED ABOUT 75 YEARS,
S/O LATE N.K.BHARATHRAJ SETTY,
RESIDING AT NO.266/1,
"BHARATH MAHAL",
-2-
NC: 2024:KHC:7033-DB
RFA No. 75 of 2021
MIDDLE SCHOOL ROAD,
V.V.PURAM,
BANGALORE - 560 004.
...RESPONDENT
(BY SRI. SRINIVAS P. DHONDALE, ADVOCATE)
THIS RFA IS FILED UNDER SECTION 96 R/W ORDER XLI
RULE 1 OF THE CPC, AGAINST THE ORDER DATED 23.10.2020
PASSED ON I.A.4 IN O.S.NO.5910/2016 ON THE FILE OF THE
VI ADDL. CITY CIVIL AND SESSIONS JUDGE, BENGALURU CITY
AND C/C XXII ADDL. CITY CIVIL AND SESSIONS JUDGE,
BENGALURU ALLOWING THE I.A.NO.4 FILED UNDER ORDER XII
RULE 6 OF THE CPC.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
JUDGMENT
Learned counsel for the Appellant submits that the parties
have negotiated a settlement and it is reported in the FDP
Court and therefore, the Appeal may be disposed off as having
become infructuous.
2. He has also filed a Memo dated 28.07.2023 which
reads as under:
" 1. The Appellants in the above case respectfully
submit that the first respondent has filed Final
Decree Proceedings in F.D.P No.27/2021 before the
Court of XXII Additional City Civil and Sessions
Judge, Bengaluru, against Appellants and seeking
NC: 2024:KHC:7033-DB
drawing of the Final Decree as per the Judgment
and Decree dated 23-10-2020 passed I
O.S.5910/2016 by the Court of the XXII Additional
City Civil and Sessions Judge, Bengaluru (CCH-7).
2. The Parties have settled the disputes between
them and have filed Compromise Petition in FDP
No.27/2021 on 08-07-2023 and the Trial Court has
recorded the said Compromise and disposed off the
case and ordered to draw final decree as per the
compromise Petition. The said Compromise Petition
and Order dated 08-07-2023 passed in FDP
No.27/2021 are produced herewith.
3. In view of the above Compromise recorded in FDP
No.27/2021, the above Appeal may kindly be
disposed off as having become infructuous in the
interest of justice."
In view of the above, the Appeal is disposed off as having
become infructuous in terms of the subject Memo.
All pending applications pale into insignificance.
Registry to send a copy of this judgment to the concerned
Trial Judge, forthwith.
Sd/-
JUDGE
Sd/-
JUDGE
MEG
