Parvathi vs Ellappa Moolya
2024 Latest Caselaw 1397 Kant

Karnataka High Court

Parvathi vs Ellappa Moolya on 16 January, 2024

Author: H.T. Narendra Prasad

Bench: H.T. Narendra Prasad

                                               -1-
                                                          NC: 2024:KHC:1852
                                                       RFA No. 1715 of 2017




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                          DATED THIS THE 16TH DAY OF JANUARY, 2024

                                           BEFORE
                        THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD
                    REGULAR FIRST APPEAL NO. 1715 OF 2017 (DEC/POS)


                   BETWEEN:

                   1.    PARVATHI
                         AGED ABOUT 6O YEARS
                         W/O NARAYANA MOOLYA

                   2.    MANJUNATH
                         AGED ABOUT 35 YEARS

                   3.    SUNDARI
                         AGED ABOUT 32 YEARS

                   4.    PRABHA
                         AGED ABOUT 30 YEARS
                         APPELLANT Nos. 2 TO 4 ARE
                         CHILDREN OF NARAYANA MOOLYA
Digitally signed
by                       ALL ARE R/AT PALATHILA HOUSE
DHANALAKSHMI
MURTHY                   NEAR ADDUR BUS STAND
Location: High           ADDUR POST, MANGALORE TALUK-575001.
Court of
Karnataka                                                      ...APPELLANTS
                   (BY SRI. ROHITH GOWDA., ADVOCATE)

                   AND:

                   1.    ELLAPPA MOOLYA
                         AGED ABOUT 80 YEARS
                         S/O BABU MOOLYA
                         (SINCE DEAD)
                           -2-
                                        NC: 2024:KHC:1852
                                   RFA No. 1715 of 2017




1(a) KAMALAKSHI
    MAJOR
    W/O PADMANABHA
    R/AT KANTHUKODI HOUSE
    SAJIPA NADU POST
    BANTWAL TALUK, D.K.DISTRICT-574211.

1(b).ROHINI
     MAJOR
     W/O PADMANABHA
     R/AT KAIKURJE HOUSE
     B.C.ROAD, JODUMARGA POST
     BANTWAL TALUK, D.K.DISTRICT-574211

1(c).KUSUMA
     MAJOR
     W/O VAMAN MOOLYA
     R/AT SHREE AMBIKA APARTMENT
     D WING ROOM NO 12
     2ND FLOOR, ACHOLE ROAD
     NALLASOPARA (EAST)
     VASAI, PALGHAR - 401200.

1(d).NALINI
     MAJOR
     W/O VITTALA
     R/AT KANCHILA HOSUE
     NAGRI POST
     SAJIPA MOODA VILLAGE
     BANTWAL TALUK & DISTRICT-574211.

1(e).CHITRAKSHI
     MAJOR, W/O NAGESH
     R/AT KUNTALAGURI HOUSE
     KONAGE VILLAGE
     MANGALURU TALUK - 574199.

1(f).PADMANABHA
     S/O YELLAPPA MOOLYA
     R/AT PALENELA HOSUE
     ADDUR POST & VILLAGE
     MANGALURU TALUK-575001.
                              -3-
                                              NC: 2024:KHC:1852
                                           RFA No. 1715 of 2017




1(g).BHOJA
     MAJOR
     S/O YELLAPPA MOOLYA
     R/AT PALENELA HOUSE
     ADDUR POST & VILLAGE
     MANGALURU TALUK-575001.

2.   RAMESH MOOLYA
     S/O ELLAPPA MOOLYA
     AGED ABOUT 55 YEARS
     R/AT BALE VOLACHIL
     ADDUR POST
     MANGALORE-575001.
                                                ...RESPONDENTS


(BY SRI. CYRIL PRASAD PAIS., ADVOCATE FOR C/R2
NOTICE TO R1(a) TO R1(g) ARE SERVED AND
UNREPRESENTED)


      THIS    RFA   IS   FILED     UNDER     SECTION    96   OF

CPC.,AGAINST THE JUDGMENT AND DECREE DATED 7.07.2017

PASSED IN OS NO.154/2013 ON THE FILE OF THE II ADDL.

SENIOR CIVIL JUDE AND CJM MANGALORE, D.K, PARTLY

DECREEING THE SUIT FOR DECLARATION, POSSESSION AND

INJUNCTION.


      THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE

COURT DELIVERED THE FOLLOWING:
                                -4-
                                              NC: 2024:KHC:1852
                                         RFA No. 1715 of 2017




                          JUDGMENT

1. The learned counsel for the appellants has filed a

memo dated 12.1.2024 seeking leave of this Court to

withdraw the appeal on the ground that the parties

have compromised the dispute.

2. The memo is placed on record.

3. Accordingly, the appeal is dismissed as

withdrawn.

Sd/-

JUDGE

DM