Karnataka High Court
Sri Prakash Chand vs Smt N Vedavathi on 6 June, 2024
Author: Ravi V Hosmani
Bench: Ravi V Hosmani
-1-
NC: 2024:KHC:19724
RFA No. 1858 of 2013
C/W RFA No. 1369 of 2013
RFA No. 866 of 2014
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 6TH DAY OF JUNE, 2024
BEFORE
THE HON'BLE MR JUSTICE RAVI V HOSMANI
REGULAR FIRST APPEAL NO. 1858 OF 2013 (DEC/INJ)
C/W
REGULAR FIRST APPEAL NO. 1369 OF 2013 (DEC/INJ),
REGULAR FIRST APPEAL NO. 866 OF 2014 (DEC/INJ)
IN R.F.A. No.1858/2013
BETWEEN:
1. SMT. SHYLAJA SURESH,
W/O SRI. R. SURESH RAO,
AGED ABOUT 49 YEARS,
2. SRI. R. SURESH RAO,
S/O LATE SRI. L. RAMAKRISHNA,
AGED ABOUT 57 YEARS,
Digitally signed by
GEETHAKUMARI
PARLATTAYA S BOTH ARE R/AT NO.1443,
Location: High Court
of Karnataka OLD PRESENT NO.24,
I MAIN, NAGAPPA BLOCK,
SRIRAMPURAM,
BANGALORE - 560 021.
...APPELLANTS
(BY SRI R.B.SADASIVAPPA., ADVOCATE)
AND:
SRI. PRAKASH CHAND,
S/O SRI. MOHANLAL,
-2-
NC: 2024:KHC:19724
RFA No. 1858 of 2013
C/W RFA No. 1369 of 2013
RFA No. 866 of 2014
AGED ABOUT 47 YEARS,
R/AT NO.1443, PRESENT NO.24,
I MAIN ROAD, NAGAPPA BLOCK,
SRIRAMAPURAM,
BANGALORE - 560 021.
...RESPONDENT
(BY SRI P.D.SURANA, ADVOCATE)
THIS RFA IS FILED U/SEC.96 OF CPC, AGAINST THE
JUDGMENT AND DECREE DATED 24.06.2013 PASSED IN
O.S.7849/2003 ON THE FILE OF THE III-ADDL. CITY CIVIL AND
SESSIONS JUDGE, BENGALURU, PARTLY DECREEING THE SUIT
FOR DECLARATION AND INJUNCTION.
IN R.F.A. No.1369/2013
BETWEEN:
PRAKASH CHAND,
S/O MOHANLAL,
AGED ABOUT 47 YEARS,
R/AT NO.1443, PRESENT NO.24,
I MAIN ROAD, NAGAPPA BLOCK,
SRIRAMAPURAM,
BANGALORE - 560 021.
...APPELLANT
(BY SRI P.D.SURANA, ADVOCATE)
AND:
1. SMT. SHYLAJA SURESH,
W/O SRI. R. SURESH RAO,
AGED ABOUT 49 YEARS,
-3-
NC: 2024:KHC:19724
RFA No. 1858 of 2013
C/W RFA No. 1369 of 2013
RFA No. 866 of 2014
2. R. SURESH RAO,
S/O LATE L. RAMAKRISHNA,
AGED ABOUT 57 YEARS,
RESPONDENTS 1 AND 2 ARE
R/AT NO.1443, PRESENT NO.24,
I MAIN ROAD, NAGAPPA BLOCK,
SRIRAMPURAM,
BANGALORE - 21.
...RESPONDENTS
(BY SRI R.B.SADASHIVAPPA, ADVOCATE FOR R1 AND R2)
THIS RFA IS FILED U/SEC.96 OF CPC, AGAINST THE
JUDGMENT AND DECREE DATED 24.06.2013 PASSED IN
O.S.7849/2003 ON THE FILE OF THE III-ADDL. CITY CIVIL
SESSIONS JUDGE, BENGALURU, PARTLY DECREEING THE SUIT
FOR DECLARATION AND INJUNCTION.
IN R.F.A. No.866/2014
BETWEEN:
SRI.PRAKASH CHAND,
AGED ABOUT 47 YEARS,
R/AT NO.1443, PRESENT NO.24,
I MAIN ROAD, NAGAPPA BLOCK,
SRIRAMAPURAM,
BANGALORE - 560 021.
...APPELLANT
(BY SRI P.D.SURANA, ADVOCATE)
AND:
1. SMT. N.VEDAVATHI,
W/O GANESH,
AGED ABOUT 55 YEARS,
-4-
NC: 2024:KHC:19724
RFA No. 1858 of 2013
C/W RFA No. 1369 of 2013
RFA No. 866 of 2014
RESIDING AT NO.202/D, 6TH B MAIN,
3RD BLOCK, JAYANAGARA,
BANGALORE - 560 041.
2. SMT. SHYLAJA SURESH,
W/O SRI. R. SURESH RAO,
AGED ABOUT 50 YEARS,
3. R. SURESH RAO,
S/O LATE L. RAMAKRISHNA,
AGED ABOUT 58 YEARS,
BOTH ARE RESIDING AT
NO.1443, PRESENT NO.24,
I MAIN ROAD, NAGAPPA BLOCK,
SRIRAMPURAM,
BANGALORE - 560 021.
...RESPONDENTS
(BY SRI R.B.SADASHIVAPPA, ADVOCATE FOR CR2 AND R3)
THIS RFA IS FILED U/SEC.96 OF CPC, AGAINST THE
JUDGMENT AND DECREE DATED 28.02.2014 PASSED IN O.S.
NO.6724/2004 ON THE FILE OF XI ADDITIONAL CITY CIVIL
JUDGE, BANGALORE, DISMISSING THE SUIT FILED FOR
SPECIFIC PERFORMANCE OF CONTRACT.
THESE APPEALS, COMING ON FOR ORDERS, THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
Learned counsel for appellants has filed a memo seeking
withdrawal of appeals on ground that matter has been settled
between parties amicably.
NC: 2024:KHC:19724
Taking memo on record, appeals are dismissed as
withdrawn.
Since appeals are dismissed as withdrawn, Registry is
directed to refund admissible Court fee to appellants.
In view of disposal of appeals, pending applications are
also disposed of.
Sd/-
JUDGE
MKM
