Sri. Byranna vs Smt. Byramma
2024 Latest Caselaw 5289 Kant

Karnataka High Court

Sri. Byranna vs Smt. Byramma on 21 February, 2024

Author: M.G.S. Kamal

Bench: M.G.S. Kamal

                                            -1-
                                                         NC: 2024:KHC:7440
                                                      RSA No. 2440 of 2018




                      IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                        DATED THIS THE 21ST DAY OF FEBRUARY, 2024

                                          BEFORE
                           THE HON'BLE MR JUSTICE M.G.S. KAMAL
                      REGULAR SECOND APPEAL NO. 2440 OF 2018 (PAR)

                 BETWEEN:

                 SRI. BYRANNA,
                 S/O. LATE SIDDABYRARAIH,
                 AGED ABOUT 42 YEARS,
                 RESIDING AT
                 PEMMANAHALLI VILLAGE,
                 SOMPUR HOBLI,
                 NELAMANGALA TALUK - 562 123.
                                                              ...APPELLANT
                 (BY SRI. S.G. HEGDE., ADVOCATE)

                 AND:

                 1.    SMT. BYRAMMA,
                       W/O. HANUMAIAH,
Digitally              D/O. LATE SIDDABYRAIAH,
signed by              AGED ABOUT 52 YEARS,
SUMA B N
                       R/AT BACHHANAHALLI VILLAGE,
Location: High
Court of               GULUR HOBLI,
Karnataka              TUMKUR TALUK,
                       TUMKUR DISTRICT - 572 101.

                 2.    SMT. SHIVAMMA,
                       W/O. MAHADEVAPPA,
                       D/O. LATE SIDDABYRAIAH,
                       R/AT YENTAGANAHALLI VILLAGE,
                       SOMPUR HOBLI,
                       NELAMANGALA TALUK - 562 123.
                            -2-
                                       NC: 2024:KHC:7440
                                    RSA No. 2440 of 2018




3.   SMT. SIDDAGANGAMMA,
     W/O. HANUMANTHARAYAPPA,
     D/O. LATE SIDDABYRAIAH,
     AGED ABOUT 59 YEARS
     R/AT. PEMMANAHALLI VILLAGE,
     SOMPUR HOBLI,
     NELAMANGALA TALUK - 562 123.

4.   SMT. LAKSHMI,
     W/O. BYRANNA,
     D/O. LATE SIDDABYRAIAH,
     AGED ABOUT 40 YEARS,
     RESIDING AT
     KOTTIGEGOLLAHALLI,
     GULUR HOBLI
     TUMKUR TALUK,
     TUMKUR DISTRICT - 572 101.
                                         ...RESPONDENTS
(BY SRI. B.V. GANGIREDDY, ADVOCATE FOR R-1)

      THIS RSA FILED UNDER SECTION 100 OF CPC AGAINST
THE JUDGEMENT & DECREE DTD:28.09.2018 PASSED IN
R.A.NO.16/2013 ON THE FILE OF THE ADDITIONAL SENIOR
CIVIL JUDGE, NELAMANGALA, PARTLY ALLOWING THE APPEAL
AND SETTING ASIDE THE JUDGEMENT AND DECREE DTD:
08.03.2013 PASSED IN OS.NO.22/2006 ON THE FILE OF THE
CIVIL JUDGE, AND JMFC, AT NELAMANGALA AND ETC.

      THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
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                                             NC: 2024:KHC:7440
                                         RSA No. 2440 of 2018




                          JUDGMENT

Learned counsel for the appellant files a Memo dated

12.02.2024 seeking dismissal of the appeal, which read as

under:-

"The undersigned submits that the subject matter f the above appeal between the parties is compromise and by filing a compromise petition in F.D.P.No.7/2023 on 03.02.2024 is settled out of Court. Hence the appellant do not press the above appeal and seek permission to withdraw the appeal.

Therefore the appellant prays that this Hon'ble Court may be please to pass an order dismissing the above appeal as withdrawn and pray for an order accordingly."

2. Memo is taken on record.

3. Appeal dismissed as withdrawn.

Sd/-

JUDGE

CR