Sri. Mallikarjuna vs Girijamma
2024 Latest Caselaw 11602 Kant

Karnataka High Court

Sri. Mallikarjuna vs Girijamma on 27 May, 2024

Author: K.Natarajan

Bench: K.Natarajan

                                            -1-
                                                     NC: 2024:KHC:17855
                                                  RSA No. 1562 of 2017




                     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                         DATED THIS THE 27TH DAY OF MAY, 2024

                                         BEFORE

                          THE HON'BLE MR JUSTICE K.NATARAJAN

                     REGULAR SECOND APPEAL NO. 1562 OF 2017 (PAR)


                BETWEEN:


                1.    SRI MALLIKARJUNA
                      S/O LATE SRI BOMMANNA,
                      AGED ABOUT 50 YEARS,

                2.    SRI DEVARAJU
                      S/O LATE SRI. BOMMANNA,
                      AGED ABOUT 46 YEARS,

                3.    SRI MALLESHAPPA
                      S/O LATE SRI. BOMMANNA,
                      AGED ABOUT 40 YEARS,

Digitally             ALL ARE RESIDENT OF
signed by V           MOOGANAHALLI,
KRISHNA               GULIGENAHALLI POST,
Location:             KASABA HOBLI, SIRA TALUK,
High Court of         TUMKUR DISTRICT.
Karnataka                                                 ...APPELLANTS

                (BY SRI KRISHNA SWAMY S ,ADVOCATE)

                AND:

                1.    GIRIJAMMA
                      W/O LATE SRI BOMMANNA,
                      AGED ABOUT 72 YEARS,
                      RESIDING AT MOOGANAHALLI,
                      GULIGENAHALLI POST,
                            -2-
                                     NC: 2024:KHC:17855
                                   RSA No. 1562 of 2017




     KASABA HOBLI, SIRA TALUK,
     TUMKUR DISTRICT.

2.   SRI KANTHARAJU
     S/O LATE SRI BOMMANNA,
     AGED ABOUT 52 YEARS,
     RESIDING AT MOOGANAHALLI,
     GULIGENAHALLI POST,
     KASABA HOBLI, SIRA TALUK,
     TUMKUR DISTRICT.

3.   SMT. SANNAHONNAMMA
     W/O LATE SRI. BOMMANNA,
     AGED ABOUT 82 YEARS,
     RESIDING OF HONNAPURA,
     DODDERI HOBLI,
     MADHUGIRI TALUK,
     TUMKUR DISTRICT.
                                        ...RESPONDENTS

                          ***

      THIS RSA FILED UNDER SECTION 100 OF CPC, AGAINST
THE JUDGMENT AND DECREE DATED 20.04.2017 PASSED IN
R.A.NO.21.2013 ON THE FILE OF THE SENIOR CIVIL JUDGE
AND JMFC SIRA, ALLOWING THE APPEAL AND SETTING ASIDE
THE JUDGMENT AND DECREE DATED 23.01.2013 PASSED IN
O.S.NO.171/2017 ON THE FILE OF THE CIVIL JUDGE AND JMFC
AT SIRA.TRIAL COURT DISMISSED THE SUIT. APPELLATE
COURT ALLOWED THE APPEAL. THE SUIT FOR PARTITION AND
SEPARATE POSSESSION, ETC.,


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

COURT DELIVERED THE FOLLOWING:
                                -3-
                                             NC: 2024:KHC:17855
                                          RSA No. 1562 of 2017




                           JUDGMENT

Learned counsel for appellant filed a memo dated

23.11.2022 and submits that the dispute between the parties

has been amicably settled and they have entered into a

compromise and filed a compromise petition on 17.09.2022 in

FDP No.9/2017. Therefore, he submits the present appeal does

not survive for consideration and the same be dismissed as

withdrawn.

2. Memo and submission of the learned counsel for

appellant are placed on record.

3. Accordingly, the appeal is dismissed as withdrawn.

Sd/-

JUDGE

VK