Sri.P.Kumarswamy vs Sri Pathiyappa
2024 Latest Caselaw 783 Kant

Karnataka High Court

Sri.P.Kumarswamy vs Sri Pathiyappa on 9 January, 2024

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                                                              NC: 2024:KHC:1033
                                                           RFA No. 1320 of 2014




                           IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                              DATED THIS THE 9TH DAY OF JANUARY, 2024

                                               BEFORE
                                 THE HON'BLE MR JUSTICE C M JOSHI
                            REGULAR FIRST APPEAL NO. 1320 OF 2014 (PAR)
                      BETWEEN:

                      1.    SRI. P. KUMARSWAMY,
                            S/O PATHIAYAPPA,
                            AGED ABOUT 45 YEARS,
                            NO.5, 2ND FLOOR, 3RD CROSS, CHOLURPALYA,
                            MAGADI ROAD, BANGALORE - 560 023.

                      2.    SRI. H.R. CHIKKARANGASWAMY,
                            S/O LATE H.R. RAMACHANDRA,
                            AGED ABOUT 39 YEARS,

                      3.    SRI. H.R. DEVARAJA,
                            S/O LATE H.R. RAMACHANDRA,
                            AGED ABOUT 37 YEARS,
                            BOTH ARE R/A NO.390,
Digitally signed by         NEAR MARAMMA TEMPLE,
VIJAYALAKSHMI
BN                          CHANDRA NAGARA, KAMALANAGARA,
Location: High
Court of                    2ND STAGE, BANGALORE - 560 079.
Karnataka

                      4.    SMT. H.R. BHAGYALAKSHMI,
                            D/O LATE H.R. RAMACHANDRA,
                            AGED ABOUT 35 YEARS,
                            BEGUR VILLAGE AND POST,
                            KASABA HOBLI, KUNIGAL TALUK,
                            TUMKUR DISTRICT - 572 130.
                                                                  ...APPELLANTS
                      (BY SRI. KRISHNA MURTHY M.R, ADVOCATE AND
                          SRI. SWAMY SHIVA PRAKASH H, ADVOCATE)
                             -2-
                                        NC: 2024:KHC:1033
                                     RFA No. 1320 of 2014




AND:

1.   SRI. PATHIYAPPA,
     S/O LATE MUDALAGIRIGOWDA,
     AGED ABOUT 79 YEARS,

2.   SRI. KRISHNAMURTHY,
     S/O PATHIYAPPA,
     AGED ABOUT 39 YEARS,

     BOTH ARE R/AT NO. 1409/8
     1ST B MAIN ROAD, VIJAYANAGAR,
     BANGALORE - 560 040.

3.   SMT. SAVITHRAMMA,
     D/O PATHIYAPPA,
     AGED ABOUT 46 YEARS,
     MALLADEVANAHALLI VILLAGE,
     DODDAMALLIGE POST,
     MAYSANDRA HOBLI, TURUVEKERE TALUK,
     TUMKUR DISTRICT - 572 221.

4.   SMT. JAYALAKSHMI,
     D/O PATHIAYAPPA,
     AGED ABOUT 52 YEARS,
     NO.121, 11TH CROSS,
     NEAR SHANIMAHATMA TEMPLE
     KEB ROAD, GANESH FARM,
     AMJANANAGARA, VISWANEEDAM POST,
     BANGALORE - 560 091.

5.   SMT. GANGAMMA,
     D/O PATHIAYAPPA,
     AGED ABOUT 50 YEARS,
     NO.53, THIMMARAYAGOWDA LAYOUT,
     ITTAMADU, BANGALORE - 560 085.
                              -3-
                                           NC: 2024:KHC:1033
                                        RFA No. 1320 of 2014




6.   SMT. SUSHELAMMA,
     D/O PATHIAYAPPA,
     AGED ABOUT 48 YEARS,
     NO.593, 3RD CROSS ROAD,
     NEAR MAHADESWARA TEMPLE,
     RANGANATHAPURA, KAMAKSHIPALYA,
     BANGALORE - 560 079.
                                             ...RESPONDENTS
(VIDE ORDER DATED 09.09.2023 R3 AND R4
 ARE CALLED OUT AND ABSENT)

      THIS RFA IS FILED U/SEC.96 OF CPC, AGAINST THE
JUDGMENT      AND   DECREE DATED     15.12.2011   PASSED   IN
O.S.356/2008 ON THE FILE OF THE XXXVIII-ADDL. CITY CIVIL
JUDGE, BENGALURU,       PARTLY DECREEING THE SUIT FOR
PARTITION AND SEPARATE POSSESSION AND PERMANENT
INJUNCTION.

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

COURT DELIVERED THE FOLLOWING:

                           ORDER

Learned counsel appearing for the appellants has filed a

memo dated 03.01.2024 signed by the appellants stating that

the appellants may be permitted to withdraw the appeal since

the matter has been settled before the Trial Court in FDP

No.28/2019.

2. Memo is placed on record.

NC: 2024:KHC:1033

3. Appeal is disposed of as withdrawn in terms of the

memo.

4. In view of the disposal of the main matter, I.A

No.1/2014 does not survive for consideration.

Sd/-

JUDGE

VS

CT: BHK