Karnataka High Court
Narayana vs Smt Shobha on 29 October, 2024
-1-
NC: 2024:KHC:43677
RFA No. 130 of 2019
C/W RFA No. 240 of 2019
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 29TH DAY OF OCTOBER, 2024
BEFORE
THE HON'BLE MR JUSTICE VIJAYKUMAR A. PATIL
REGULAR FIRST APPEAL NO. 130 OF 2019 (PAR)
C/W
REGULAR FIRST APPEAL NO. 240 OF 2019 (PAR)
IN RFA No. 130/2019
BETWEEN:
SRI. S. N. NAVEENKUMAR
S/O SRI NARAYANA,
AGED ABOUT 38 YEARS,
R/AT NO. 1626,
GOSEGOWDA STREET,
SRIRANGAPATNA TOWN - 571 438.
...APPELLANT
(BY SRI. SOMASHEKARA K M ., ADVOCATE)
Digitally signed
by RUPA V AND:
Location: HIGH
COURT OF 1. SMT. SHOBHA
KARNATAKA W/O SRI LAKSHMINARAYANA,
AGED ABOUT 41 YEARS,
R/AT HOUSE NO 1626,
GOSEGOWDA STREET,
SRIRANGAPATNA TOWN,
MANDYA DISTRICT - 571 438.
2. MR HEMACHANDRA
S/O SRI NARAYANA,
AGED ABOUT 37 YEARS,
R/AT HOUSE NO 1626,
-2-
NC: 2024:KHC:43677
RFA No. 130 of 2019
C/W RFA No. 240 of 2019
GOSEGOWDA STREET,
SRIRANGAPATNA TOWN,
MANDYA DISTRICT - 571 438.
3. SMT NALINI
D/O SRI NARAYANA,
AGED ABOUT 36 YEARS,
R/AT HOUSE NO 1626,
GOSEGOWDA STREET,
SRIRANGAPATNA TOWN,
MANDYA DISTRICT - 571 438.
4. SRI NARAYANA
S/O LATE SRI GAANJAM CHANNAIAH,
AGED ABOUT 68 YEARS,
R/AT GOSEGOWDA STREET,
SRIRANGAPATNA TOWN,
MANDYA DISTRICT - 571 438.
...RESPONDENTS
(BY SRI. ABHINAY Y.T., ADVOCATE FOR R4;
SRI. DESHRAJ., ADVOCATE FOR C/R1-R3)
THIS RFA IS FILED UNDER SECTION 96 OF CPC,
AGAINST THE JUDGMENT AND DECREE DATED 07.02.2017
PASSED IN O.S.NO.278/2006 ON THE FILE OF THE
ADDITIONAL SENIOR CIVIL JUDGE SRIRANGAPATNA,
DECREEING THE SUIT FOR PARTITION AND SEPARATE
POSSESSION.
BETWEEN:
NARAYANA
S/O GANJAM CHANNAIAH,
AGED ABOUT 62 YEARS,
R/A # 1626,
GOSEGOWDA STREET,
NC: 2024:KHC:43677
SRIRANGAPATNA TOWN,
MANDYA DISTRICT,
KARNATAKA - 571 438.
...APPELLANT
(BY SRI. ABHINAY Y T., ADVOCATE)
AND:
1. SMT SHOBHA
D/O NARAYANA,
W/O LAKSHMINARAYANA,
R/A HOUSE NO.1627,
GOSEGOWDA STREET,
SRIRANGAPATNA TOWN,
MANDYA DISTRICT,
KARNATAKA - 571 438.
2. HEMACHANDRA
S/O NARAYANA,
AGED ABOUT 37 YEARS,
R/A HOUSE NO.1627,
GOSEGOWDA STREET,
SRIRANGAPATNA TOWN,
MANDYA DISTRICT,
KARNATAKA - 571 438.
3. SMT NALINI
D/O SRI NARAYANA,
AGED ABOUT 36 YEARS,
R/A HOUSE NO.1627,
GOSEGOWDA STREET,
SRIRANGAPATNA TOWN,
MANDYA DISTRICT,
KARNATAKA - 571 438.
4. S N NAVEEN KUMAR
S/O NARAYANA,
AGED ABOUT 42 YEARS,
NC: 2024:KHC:43677
R/A NO.1626,
GOSEGOWDAS STREET,
SRIRANGAPATNA TOWN,
KARNATAKA - 571 438
...RESPONDENTS
(BY SRI. DESHRAJ., ADVOCATE FOR R1 - R3;
SRI. BHARGAV.G., ADVOCATE FOR R4;)
THIS RFA IS FILED UNDER SECTION 96 OF CPC,
AGAINST THE JUDGMENT AND DECREE DATED 07.02.2017
PASSED IN O.S.NO.278/2006 ON THE FILE OF THE
ADDITIONAL SENIOR CIVIL JUDGE SRIRANGAPATNA,
DECREEING THE SUIT FOR PARTITION AND SEPARATE
POSSESSION.
THESE APPEALS ARE COMING ON FOR ORDERS, THIS
DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE VIJAYKUMAR A. PATIL
ORAL COMMON JUDGMENT
Sri. Deshraj., learned counsel appearing for respondent
Nos.1 to 3, submits that the parties have settled the dispute
amicably in FDP.No.12/2017.
2. In support of his submission, he has placed memo
along with certified copy of the proceedings in FDP.No.12/2017
and a copy of joint compromise petition.
3. In view of the said memo, both the appeals do not
survive for consideration.
NC: 2024:KHC:43677
4. Accordingly, the appeals are dismissed.
5. Liberty is reserved to the appellant to revive the
appeal, if the said statement is incorrect.
Sd/-
(VIJAYKUMAR A. PATIL)
JUDGE
AM
