Karnataka High Court
Sri. N.D.Ramakrishna vs Smt. D. Jayamma on 6 March, 2024
Author: Krishna S Dixit
Bench: Krishna S Dixit
-1-
NC: 2024:KHC:9415-DB
RFA No. 760 of 2017
C/W RFA.CROB No. 18 of 2018
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 6TH DAY OF MARCH, 2024
PRESENT
THE HON'BLE MR JUSTICE KRISHNA S DIXIT
AND
THE HON'BLE MR JUSTICE C.M. POONACHA
REGULAR FIRST APPEAL NO. 760 OF 2017 (MON)
C/W
RFA CROSS OBJECTION NO. 18 OF 2018
IN R.F.A.No.760/2017
BETWEEN:
SRI. N.D.RAMAKRISHNA
S/O DODDAKALE GOWDA
AGED ABOUT 62 YEARS
NAGANAHALLI VILLAGE, KASABA HOBLI,
MYSORE TALUK AND DISTRICT - 570001
...APPELLANT
(BY SRI YADUNANDAN.N FOR
SRI SANTHOSH R. NELKUDRI, ADVOCATES)
AND:
Digitally
signed by 1. SMT. D. JAYAMMA
BHARATHI S SINCE DEAD BY HER LRS
Location:
HIGH
COURT OF SMT B S JAYALAKSHMI
KARNATAKA
D/O LATE B SIDDAIAH
AGED ABOUT 60 YEARS
R/AT NO 2947, 3RD MAIN ROAD
V V MOHALLA, MYSURU - 570001
2. SMT B S SEETHALAKSHMI
D/O LATE B SIDDAIAH
AGED ABOUT 57 YEARS
R/AT NO 2947, 3RD MAIN ROAD
V V MOHALLA, MYSURU - 570001
-2-
NC: 2024:KHC:9415-DB
RFA No. 760 of 2017
C/W RFA.CROB No. 18 of 2018
3. SMT B S DEVAKI
W/O LATE MADE GOWDA
AGED ABOUT 54 YEARS
R/AT NO.2947, 3RD MAIN ROAD
V V MOHALLA, MYSURU - 570001
4. SMT B S GIRIJA
D/O LATE B SIDDAIAH
AGED ABOUT 51 YEARS
R/AT NO 2947, 3RD MAIN ROAD
V V MOHALLA, MYSURU - 570001
5. SRI K V DINESH KUMAR
S/O LATE J VEERABHADREGOWDA
AGED ABOUT 47 YEARS
KIRANGURU VILLAGE
K SHETTAHALLI HOBLI,
SRIRANGAPATNA TALUK
MANDYA DISTRICT - 571425
6. SRI JAYARAM S/O SHIVANNA
AGED ABOUT 42 YEARS
HOSAHALLI VILLAGE
SRIRANGAPATNA TALUK
MANDYA DISTRICT - 571425
...RESPONDENTS
(BY SRI Y V PRAKASH, FOR
SRI Y.K.NARAYANA SHARMA, ADVOCATES FOR R1 TO R3;
R5 AND R6 - SERVED)
THIS REGULAR FIRST APPEAL IS FILED UNDER SECTION
96 OF CIVIL PROCEDURE CODE AGAINST THE JUDGMENT AND
DECREE DATED 5.1.2017 PASSED IN OS NO.905/2008 ON THE
FILE OF THE PRL. SR. CIVIL JUDGE AND CJM, MYSURU, PARTLY
DECREEING THE SUIT FOR RECOVERY OF MONEY.
IN RFA.CROB.No.18/2018:
BETWEEN
SMT. D JAYAMMA
SINCE DECEASED BY LRS
-3-
NC: 2024:KHC:9415-DB
RFA No. 760 of 2017
C/W RFA.CROB No. 18 of 2018
1. SMT B S JAYALAKSHMI
AGED ABOUT 61 YEARS
D/O LATE B SIDDAIAH
RESIDING AT NO.2947
V V MOHALLA, MYSURU-570 001
2 . SMT B S SEETHALAKSHMI
AGED ABOUT 58 YEARS
D/O LATE B SIDDAIAH
RESIDING AT NO.2947
V V MOHALLA, MYSURU-570 001
3 . SMT B S DEVAKI
AGED ABOUT 55 YEARS
W/O LATE MADEGOWDA
RESIDING AT NO.2947
V V MOHALLA, MYSURU-570 001
4 . SMT B S GIRIJA
AGED ABOUT 52 YEARS
D/O LATE B SIDDAIAH
RESIDING AT NO.2947
V V MOHALLA, MYSURU-570 001
REPRESENTED BY PA Holder
SMT.B.S.JAYALAKSHMI.
...CROSS OBJECTORS
(BY SRI Y.V.PRAKASH, FOR
SRI Y K NARAYANA SHARMA, ADVOCATES)
AND
1. SRI N.D.RAMAKRISHNA
AGED ABOUT 63 YEARS
S/O DODDAKALE GOWDA
NAGANAHALLI VILLAGE, KASABA HOBLI
MYSURU TALUK AND DISTRICT-570 003
2. SRI K V DINESH KUMAR
AGED ABOUT 48 YEARS
S/O LATE J VEERABHADRE GOWDA
KIRANGURU VILLAGE
-4-
NC: 2024:KHC:9415-DB
RFA No. 760 of 2017
C/W RFA.CROB No. 18 of 2018
SRIRANGAPATNA TALUK
MANDYA DISTRICT-571 425.
3. SRI JAYARAM
AGED ABOUT 43 YEARS
S/O SRI SHIVANNA
HOSAHALLI VILLAGE
SRIRANGAPATNA TALUK
MANDYA DISTRICT-571 425
...RESPONDENTS
THIS RFA.CROB IS FILED UNDER ORDER 41 RULE 22 OF
CPC AGAINST THE JUDGMENT AND DECREE DATED 05.01.2017
PASSED IN O.S.No.905/2008 ON THE FILE OF THE PRINCIPAL
SENIOR CIVIL JUDGE AND CJM, MYSURU, PARTLY DECREEING
THE SUIT FOR RECOVERY OF MONEY.
THIS RFA ALONG WITH RFA.CROB, COMING ON FOR
ADMISSION, THIS DAY, POONACHA J., DELIVERED THE
FOLLOWING:
JUDGMENT
Learned counsel for the appellant has filed a memo,
which reads as under:
"It is respectfully submitted that as per the instructions
from the party in the above appeal parties have settled
the matter in dispute amicably and hence it is prayed that
this Hon'ble Court may be pleased to dismiss the above
appeal as withdrawn in the interest of justice and equity."
2. Learned counsel for the cross objectors has filed a
memo, which reads as under:
"The undersigned Counsel appearing for the Cross
Objectors respectfully submits that the matter has been
settled between the parties as agreement between the
parties. In view of the settlement, the above Cross
Objection does not survive. The memo may be taken on
record and dismiss the above cross objection as settled
NC: 2024:KHC:9415-DB
out of Court in the interest of justice and equity. The
court fee paid for Cross objection may be order to be
refunded to Cross objector No.1 Smt.Jayalakshmi in the
interest of justice and equity."
3. In view of the same, the appeal as well as the cross
objections are dismissed as withdrawn.
4. The Court fee paid by the appellant on the above
appeal be refunded to the appellant. The Court fee paid by the
cross objectors in the cross objection be refunded to the cross
objector No.1.
Sd/-
JUDGE
Sd/-
JUDGE
ND
