Karnataka High Court
Ramachandraiah vs M.Shankar Reddy on 20 February, 2024
Author: H.P.Sandesh
Bench: H.P.Sandesh
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NC: 2024:KHC:7104
RSA No. 1045 of 2009
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 20TH DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE H.P.SANDESH
REGULAR SECOND APPEAL NO. 1045 OF 2009 (DEC/INJ)
BETWEEN:
1. RAMACHANDRAIAH
MAJOR
S/O LATE CHIKKAPAPAIAH
SINCE DECEASED BY HIS LRS
1(a) RAVIKUMARI K.R.
D/O LATE RAMACHANDRAIAH
AGED ABOUT 53 YEARS
R/O. NO.003, BTM 2ND STATE
BANGALORE SOURTH
BANGALORE-560 076.
1(b) RAMESH K.R.
Digitally signed S/O LATE RAMACHANDRAIAH
by SHARANYA T AGED ABOUT 52 YEARS
Location: HIGH R/O. NO.236/10, KODATHI VILLAGE
COURT OF
KARNATAKA VARTHUR HOBLI
BANGALORE SOUTH TALUK-560035.
1(c) SUMITRA K.R.
D/O LATE RAMACHANDRAIAH
AGED ABOUT 50 YEARS
R/O. NO.79/A
MARENAHALLI 2ND STAGE
BANGALORE-560078.
1(d) SHOBHA K.R.
D/O LATE RAMACHANDRAIAH
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NC: 2024:KHC:7104
RSA No. 1045 of 2009
AGED ABOUT 48 YEARS
R/O. NO.185, KODATHI VILLAGE
VARTHUR HOBLI
BANGALORE SOUTH TALUK-560035.
1(e) SURESH BABU K.R.
S/O LATE RAMACHANDRAIAH
AGED ABOUT 45 YEARS
R/O. NO.377, KODATHI VILLAGE
VARTHUR HOBLI
BANGALORE SOUTH TALUK-560035.
1(f) PRADEEP KUMAR K.R.
S/O LATE RAMACHANDRAIAH
AGED ABOUT 43 YEARS
R/O. NO.108, KODATHI VILLAGE
VARTHUR HOBLI
BANGALORE SOUTH TALUK-560035.
(AMENDED VIDE COURT ORDER DATED 17.08.2023)
2. RAMAKRISHNAPPA, MAJOR,
S/O LATE CHIKKAPAPAIAH,
R/O KODATHI VILLAGE,
VARTHUR HOBLI,
BANGALORE SOUTH TALUK-560087.
...APPELLANTS
[BY SRI. OMKARESHA, ADVOCATE FOR APPELLANT NO.2;
SMT. VIJAYA N. ARADHYA, ADVOCATE FOR
APPELLANT NO.1(a to f)]
AND:
1. M.SHANKAR REDDY,
S/O YELLAPPA REDDY,
MAJOR,
2. M. RAMA REDDY,
S/O LATE L. MUNIYAPPA REDDY,
MAJOR,
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NC: 2024:KHC:7104
RSA No. 1045 of 2009
BOTH ARE R/AT AGARA VILLAGE & POST,
SARJAPURA ROAD, BANGALORE.560034
3. S.R. KRISHNA MURTHY, MAJOR
S/O LATE RAMAIAH REDDY,
R/AT NO.1, KRISHNA MURTHY LAYOUT,
S.G.PALYA, D.R. COLLEGE POST,
BANGALORE.
...RESPONDENTS
(BY SRI S.GANGADHAR AITHAL, ADVOCATE FOR C/R2 & R3;
R1 - SERVED)
THIS RSA IS FILED U/S 100 OF CPC, AGAINST THE
JUDGEMENT & DECREE DTD 24.4.2009 PASSED IN
R.A.NO.63/2008 ON THE FILE THE PRL. DISTRICT & SESSIONS
JUDGE, BANGALORE RURAL DISTRICT, BANGALORE,
DISMISSING THE APPEAL AGAISNT THE JUDGEMENT AND
DECREE DTD 23.1.2008 PASSED IN O.S.NO.452/1999 ON THE
FILE OF THE I ADDL. CIVIL JUDGE (SR.DN) BANGALORE (R)
DISTRICT, BANGALORE.
THIS APPEAL, COMING ON FOR ORDERS THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
JUDGMENT
The learned counsel for the appellant No.2 files
memo for withdrawal of the appeal stating that legal heirs
of the deceased appellant No.1 have unilaterally executed
the deed of confirmation dated 16.11.2022 in respect of
the suit schedule property in favour of respondent No.2,
their by giving up of their claim over the suit schedule
property.
NC: 2024:KHC:7104
2. The appellant No.2 has also been persuaded to
withdraw the appeal. In view of the out of Court
settlement and in view of the memo, appellant No.2 is
permitted to withdraw the appeal.
3. The counsel appearing for the legal
representatives appellant No.1 has also filed memo for
withdrawal of the appeal and also produced the copy of
the partition deed and also the documents of confirmation
deed which was executed in favour of respondent No.2
vide document dated 16.11.2022. Hence prays this Court
to withdraw the appeal. In terms of the memo filed by the
legal representatives of appellant No.1 also and for the
reasons stated in the memo, the counsel for appellant
No.2 and legal representatives of appellant No.1 are
permitted to withdraw the appeal.
Sd/-
JUDGE
RHS
