Karnataka High Court
G B Devaraj Since Dead By Lrs vs Chikka Narayanappa Dead By Lrs on 1 July, 2024
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RFA No. 34 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 1ST DAY OF JULY, 2024
PRESENT
THE HON'BLE MRS JUSTICE ANU SIVARAMAN
AND
THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE
REGULAR FIRST APPEAL NO. 34 OF 2024 (SP)
BETWEEN:
G B DEVARAJ
SINCE DEAD BY LR'S
1. SMT YASHODHAMMA,
W/O G.B DEVARAJ,
AGED ABOUT 50 YEARS,
R/AT Y.N HOSAKOTE, PAVGADA TALUK,
CHIKKABALLAPURA DISTRICT -572141.
2. SMT SATHYAVATHI P,
W/O P DEVARAJ,
AGED ABOUT 49 YEARS,
R/AT NUMBER 28/7-286, MAIN ROAD,
MADDAREDDY PALLI VILLAGE,
Digitally HIONDUPUR VILLAGE,
signed by C ANANTHAPUR DISTRICT-515202.
HONNUR
SAB
Location: ...APPELLANTS
HIGH COURT (BY SRI PRITHVIRAJ SHASTRY G, ADVOCATE FOR
OF SRI G BALAKRISHNA SHASTRY, ADVOCATE)
KARNATAKA
AND:
CHIKKA NARAYANAPPA
DEAD BY LR'S
1. SMT LAKSHIMNARASAMMA,
W/O LATE CHIKKANARAYANAPPA,
AGED ABOUT 64 YEARS,
2. SMT PADMVATHAMMA,
D/O LATE CHIKKANARAYANPPA,
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RFA No. 34 of 2024
AGED ABOUT 50 YEARS,
3. SRINATH,
S/O LATE CHIKKANARAYANPPA,
AGED ABOUT 47 YEARS,
4. RAMESH,
S/O LATE CHIKKANARAYANPPA, MAJOR
ALL ARE RESIDING AT:
18TH WARD, GEETHA, MANDIR ROAD,
KUMBARAPETE, BAGEPALLI TOWN & TALUK,
CHIKKABALLAPURA DISTRICT-561207.
5. THIMMAIAH,
S/O MUNIVENKATAPPA,
MAJOR, R/AT OJENHALLI, (GUNDAMGERE)
SASALU HOBLI, DODDABALLAPLURA TALUK,
BANGALORE RURAL DISTRICT-561203.
6. AMARANATH,
S/O DODDANARAYANASWAMY, MAJOR,
R/AT MOOGACHINNAPALLI,
VILLAGE, MITTEMARI HOBLI, BAGEPALLI TALUK,
CHIKKABALLAPURA DISTRICT-561207.
7. NARAYANAPPA,
S/O YANAMULA VENKATAPPA,
MAJOR, R/AT 13TH WARD, AMEDKARA NAGARA,
BAGEPALLI TOWN AND TALUK,
CHIKKABALLAPURA DISTRICT-561207.
8. MS SANKEERTHANA,
D/O LATE G B DEVARAJ,
AGED ABOUT 30 YEARS,
9. DEVANANDH,
S/O LATE G B DEVARAJ,
AGED ABOUT 28 YEARS,
RESPONDETNS NO.8 & 9
ARE R/AT: Y.N.HOSAKOTE, PAVGADA TALUK,
CHIKKABALLPURA DISTRICT -572141.
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RFA No. 34 of 2024
10. P NAGARAJU,
S/O LATE P KRISHNAYYA,
MAJOR, R/AT NUMBER 185, 2ND CROSS,
1ST MAIN, 5TH STAGE, 60 FEET ROAD,
MAHA GANAPATHI NAGAR, WEST OF CARD ROAD,
BANGALORE-560010.
11. K ESHWARA,
S/O LATE ADIVPPA, MAJOR,
R/AT RTC COLONY, HINDUPUR TALUK,
ANANTHAPUR DISTRICT -515201.
...RESPONDENTS
(BY MS SWAPNA R NAIR, ADVOCATE FOR
SRI V SHIVAKUMAR, ADVOCATE FOR R5,
R1, R3, R4, R6, R7, R8, R9 AND R10 ARE
SERVED BUT UNREPRESENTED)
THIS RFA IS FILED UNDER SECTION 96 R/W ORDER 41
RULE 1 OF CPC., AGAINST THE JUDGMENT AND DECREE
DATED 15.09.2023 PASSED IN OS NO.267/2017 ON THE FILE
OF SENIOR CIVIL JUDGE, BAGEPALLI, DISMISSING THE SUIT
FOR SPECIFIC PERFORMANCE OF CONTRACT.
THIS APPEAL COMING ON FOR ORDERS THIS DAY ANU
SIVARAMAN J., DELIVERED THE FOLLOWING:
JUDGMENT
Heard the learned counsel appearing for the
appellants as well as the learned counsel appearing for the
respondents.
2. Memo is filed seeking withdrawal of the appeal.
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3. It is submitted by the learned counsel
appearing for the respondents that though it is stated in
the memo that registered agreement dated 22.04.2024
registered before the Sub-Registrar, Bagepalli what is
been actually registered is the sale deed dated
22.04.2024. It is however submitted by the learned
counsel appearing for the respondents that the matter
stand settled out of Court and such a sale deed has been
registered on 22.04.2024.
4. In the above view of the matter, memo for
withdrawal is accepted.
5. Accordingly, the appeal is dismissed as
withdrawn on the settlement arrived at between the
parties out of the Court as well as the registered sale deed
dated 22.04.2024. However, it is made clear that as
stated in the memo itself, the settlement arrived at
appears to be between the appellants and respondent
No.5. Thus, withdrawal of this Appeal will not affect the
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parties who are not parties to the compromise or the
settlement arrived at between the parties.
6. Registry to refund the Court fee to the
appellants after proper identification.
Sd/-
JUDGE
Sd/-
JUDGE
GVP
