Govinda Naika vs T N Krishnamurthy
2024 Latest Caselaw 1054 Kant

Karnataka High Court

Govinda Naika vs T N Krishnamurthy on 11 January, 2024

Author: H.P.Sandesh

Bench: H.P.Sandesh

                                                 -1-
                                                            NC: 2024:KHC:1509
                                                         RSA No. 2754 of 2011




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                          DATED THIS THE 11TH DAY OF JANUARY, 2024

                                                BEFORE
                             THE HON'BLE MR JUSTICE H.P.SANDESH
                   REGULAR SECOND APPEAL NO. 2754 OF 2011 (DEC/INJ)
                   BETWEEN:

                   1.    GOVINDA NAIKA,
                         (SINCE DEAD BY LRS.)

                   2.    KRISHNA,
                         S/O GOVINDA NAIKA,
                         AGED ABOUT 48 YEARS.

                   3.    GOPALA,
                         S/O GOVINDA NAIKA,
                         AGED ABOUT 44 YEARS,

                   4.    BANGARAPPA,
                         S/O GOVINDA NAIKA,
                         AGED ABOUT 42 YEARS,
Digitally signed
by SHARANYA T
Location: HIGH     5.    MUKUNDA,
COURT OF
KARNATAKA                S/O GOVINDA NAIKA,
                         AGED ABOUT 39 YEARS,

                         ALL ARE RESIDING AT
                         MALURU VILLAGE, NELLIBEELU POST,
                         SAGARA TALUK, SHIMOGA DIST - 577 240.

                   6.    KAALAMMA
                         W/O CHOWDA NAIKA,
                         AGED ABOUT 46 YEARS,
                            -2-
                                         NC: 2024:KHC:1509
                                      RSA No. 2754 of 2011




     MADNAGODU, SANNAGUNDA VILLAGE,
     SAGARA TALUK, SHIMOGA DIST - 577 401.

7.   RENUK,
     W/O MANJU,
     AGED ABOUT 28 YEARS,
     KALOORU VILLAGE, SAGARA TALUK,
     SHIMOGA DISTRICT - 577 401.

8.   PADMA,
     W/O MANJAPPA,
     AGED ABOUT 26 YEARS,
     MALURU VILLAGE, NELLIBEELU POST,
     SAGARA TALUK, SHIMOGA DISTRICT - 577 240.
                                           ...APPELLANTS
(BY SRI. CHIDAMBARA G.S, ADVOCATE)

AND:

1.   T.N. KRISHNAMURTHY,
     S/O NARAYANA BHAT,
     AGED ABOUT 61 YEARS,
     GOWRIKERE, MALURU VILLAGE,
     NELLIBEELU POST, SAGARA TALUK,
     SHIMOGA DISTRICT - 577 240.

2.   SRI. KOLLA NAIKA,
     S/O GOVINDA NAIKA,
     AGED ABOUT 50 YEARS,
     MALURU VILLAGE, NELLIBEELU POST,
     SAGARA TALUK, SHIMOGA DIST - 577 240.
                                         ...RESPONDENTS
(R1 AND R2 - SERVED)
                               -3-
                                            NC: 2024:KHC:1509
                                        RSA No. 2754 of 2011




      THIS RSA IS FILED UNDER SEC.100 R/W ORDER 42 RULE
1 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED
7.9.2011 PASSED IN R.A.NO.42/2006 ON THE FILE OF THE
ADDL. SENIOR CIVIL JUDGE & JMFC., SAGAR, DISMISSING
THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE
DATED 3.2.2006 PASSED IN O.S.NO.79/1991 ON THE FILE OF
THE PRL. CIVIL JUDGE (JR.DN) SAGAR.

      THIS APPEAL, COMING ON FOR FURTHER ORDERS, THIS

DAY, THE COURT DELIVERED THE FOLLOWING:

                         JUDGMENT

Learned counsel has filed a memo stating that the parties

have settled the dispute in terms of the compromise decree

entered into between them in OS No158/2021. Hence, he

seeks permission of this Court to withdraw the appeal.

In view of the memo permission is granted to withdraw

the appeal.

Sd/-

JUDGE

NJ

CT: BHK