Smt. Shantha vs Sri T Suresh
2024 Latest Caselaw 27410 Kant

Karnataka High Court

Smt. Shantha vs Sri T Suresh on 14 November, 2024

Author: K.Somashekar

Bench: K.Somashekar

                                            -1-
                                                    NC: 2024:KHC:46290-DB
                                                    RFA No. 1626 of 2021




                    IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                     DATED THIS THE 14TH DAY OF NOVEMBER, 2024

                                          PRESENT
                        THE HON'BLE MR JUSTICE K.SOMASHEKAR
                                            AND
                         THE HON'BLE MR JUSTICE RAJESH RAI K
                     REGULAR FIRST APPEAL NO. 1626 OF 2021 (PAR)
               BETWEEN:

                     SMT. SHANTHA
                     AGED ABOUT 61 YEARS
                     D/O LATE TALLAM SEETHARAMA SETTY
                     W/O SRI C D SRINIVASA MURTHY
                     RESIDING AT NO 159A
                     2ND MAIN ROAD, YADAVAGIRI
                     MYSORE 570020.
                                                             ...APPELLANT
               (BY SMT. B M RAKSHITHA - ADVOCATE FOR SRI. PRADEEP S
               SAWKAR - ADVOCATE)
               AND:
Digitally
signed by      1.
SUMATHY              SRI T SURESH
KANNAN               AGED ABOUT 76 YEARS
                     S/O TALLAM SEETHARAMA SETTY
Location: High
Court of
Karnataka      2.    SRI T S PRABHAKAR
                     AGED ABOUT 71 YEARS
                     S/O TALLAM SEETHARAMA SETTY

                     BOTH ARE R/AT NO 5
                     1ST MAIN ROAD
                     GANDHINAGAR
                     BANGALORE 560009.
                                                          ...RESPONDENTS
               (BY SRI. V B SHIVA KUMAR - ADVOCATE C/RESPONDENT-2)
                                   -2-
                                              NC: 2024:KHC:46290-DB
                                              RFA No. 1626 of 2021




     THIS RFA FILED UNDER SECTION 96 R/W ORDER XLI
RULES 1 & 2 OF THE CPC., PRAYING TO SET ASIDE THE
JUDGMENT      AND     DECREE DATED 10.06.2021           PASSED IN
OS.NO.8359/2008 ON THE FILE OF THE XXXVIII-ADDITIONAL
CITY CIVIL AND JUDGE, BENGLAURU CITY AND DECREE THE
SUIT, WITH COSTS.

     THIS     RFA,    COMING     ON     FOR   ORDERS,     THIS   DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM:     HON'BLE MR JUSTICE K.SOMASHEKAR
           AND
           HON'BLE MR JUSTICE RAJESH RAI K


                           ORAL JUDGMENT

(PER: HON'BLE MR JUSTICE K.SOMASHEKAR)

This appeal is directed against the judgment and

decree passed in O.S.No.8359/2008 dated 10.06.2021 by

the XXXVIII Additional City Civil Judge, Bengaluru.

Learned counsel Smt B.M Rakshitha appears on

behalf of learned counsel Sri Pradeep S Sawkar who is on

record for the appellant. Learned counsel

Sri V.B.Shivakumar for respondent No. 2 is present.

NC: 2024:KHC:46290-DB

Learned counsel for the appellant has filed a memo

seeking withdrawal of the appeal. Therefore, memo is

taken on record. In terms of the memo, the present

appeal is dismissed as withdrawn.

In view of disposal of the appeal, if any interlocutory

application pending, same shall stand disposed of.

SD/-

(K.SOMASHEKAR) JUDGE

SD/-

(RAJESH RAI K) JUDGE

RJ