Karnataka High Court
Sri. S. Shivaprakash vs Smt. Sridevi on 5 June, 2024
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NC: 2024:KHC:19319-DB
RFA No. 985 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 5TH DAY OF JUNE, 2024
PRESENT
THE HON'BLE MRS. JUSTICE ANU SIVARAMAN
AND
THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE
REGULAR FIRST APPEAL NO. 985 OF 2023 (SP)
BETWEEN:
SRI. S. SHIVAPRAKASH
S/O LATE K.B. SIDDAGANGAIAH
AGED ABOUT 59 YEARS
RESIDING AT NO.496
SHRUSTI SAMPADA
FLAT NO.206, 17TH CROSS
IDEAL HOMES LAYOUT
SECTOR-B, KENCHENAHALLI
RAJARAJESHWARI NAGAR
BANGALORE-560 098
...APPELLANT
(BY SRI. NANJUNDA SWAMY N., ADVOCATE)
Digitally signed by AND:
CHANNEGOWDA
PREMA
Location: High
Court of 1. SMT. SRIDEVI
Karnataka
W/O LATE N.K. SEETHARAM IYENGAR
AGED ABOUT 93 YEARS
RESIDING AT NO.142, 12TH CROSS
KETHMARANAHALLI, 1ST BLOCK
RAJAJINAGAR, BANGALORE-560 010
2. SMT. ARUNA PRASAD
D/O LATE N.K. SEETHARAM IYENGAR
W/O SRI. B.T.N. PRASAD
AGED ABOUT 74 YEARS
RESIDING AT NO.1569
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NC: 2024:KHC:19319-DB
RFA No. 985 of 2023
17TH MAIN, 6TH A CROSS
BANASHANKARI 1ST STAGE
BANGALORE-560 050
3. SMT. SUDHINA,
D/O LATE N.K. SEETHARAM IYENGAR
W/O SRI. K.R. BALAJI
AGED ABOUT 73 YEARS
RESIDING AT NO.96, 17TH CROSS
1ST BLOCK, RAJAJINAGAR
BANGALORE-560 010
4. SMT. N.S. VANI,
D/O LATE N.K. SEETHARAM IYENGAR
W/O SRI. N.K. RAMAKRISHNA
AGED ABOUT 72 YEARS
RESIDING AT NO.E-3
SADGURU APTS, 6TH CROSS
AMARJYOTHI NAGAR
BANGALORE-560 040
5. SMT. N.S. ASHA,
D/O LATE. N.K. SEETHARAM IYENGAR
W/O SRI. A KESHAVAMURTHY
AGED ABOUT 70 YEARS
RESIDING AT NO.535
GERGEMAN PARK, BASAVANAGUDI
BANGALORE-560 004
6. SMT. N.S. KRUPA,
D/O LATE. N.K. SEETHARAM IYENGAR
RESIDING AT NO.39/15, G-2
AGED ABOUT 69 YEARS
KABINI APARTMENTS
19TH B MAIN, 1ST BLOCK
RAJAJINAGAR, BANGALORE- 560 010
7. SRI. N.S. SRINIVAS,
S/O LATE N.K. SEETHARAM IYENGAR
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NC: 2024:KHC:19319-DB
RFA No. 985 of 2023
AGED ABOUT 68 YEARS
RESIDING AT NO.142, 12TH CROSS KETHMARANAHALLI,
1ST BLOCK
RAJAJINAGAR, BANGALORE-560 010
8. SRI.N.S. SRINIDHI,
S/O LATE N.K. SEETHARAM IYENGAR
AGED ABOUT 66 YEARS
RESIDING NO.103, 4TH MAIN
5TH CROSS, WEST OF CHORD ROAD
SRI MAHAGANAPATHI NAGAR
BANGALORE-560 010
9. SRI. ABHIMAN N SRINIDHI
S/O SRI. N.S. SRINIDHI
AGED ABOUT 36 YEARS
RESIDING NO.103, 4TH MAIN
5TH CROSS, WEST OF CHORD ROAD
SRI MAHAGANAPATHI NAGAR
BANGALORE-560 010
10. SMT. VYSHNAVI
D/O SRI. N.S. SRINIDHI
AGED ABOUT 32 YEARS
RESIDING AT NO.103, 4TH MAIN,
5TH CROSS, WEST OF CHORD ROAD
SRI MAHAGANAPATHI NAGAR
BANGALORE-560 010
...RESPONDENTS
THIS RFA IS FILED UNDER SECTION 96 R/W ORDER 41 RULE 1
OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 23.11.2022
PASSED IN OS NO.176/2016 ON THE FILE OF THE II ADDITIONAL
SENIOR CIVIL JUDGE AND JMFC, SHIVAMOGGA. DISMISSING THE
SUIT FOR SPECIFIC PERFORMANCE OF AGREEMENT.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, ANU
SIVARAMAN J., DELIVERED THE FOLLOWING:
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NC: 2024:KHC:19319-DB
RFA No. 985 of 2023
JUDGMENT
Learned counsel for the appellant has filed a memo
seeking withdrawal of the appeal since the dispute is settled
out of the Court.
Memo is accepted.
Accordingly, appeal is dismissed as withdrawn.
Application if any, for release of amounts in deposit shall
be considered by the Trial Court in view of the withdrawal of
this appeal.
Sd/-
JUDGE
Sd/-
JUDGE
RAK,
