Karnataka High Court
Sri Anjinappa vs Sri Krishnappa on 30 October, 2024
Author: K.Somashekar
Bench: K.Somashekar
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NC: 2024:KHC:43812-DB
RFA No. 1192 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 30TH DAY OF OCTOBER, 2024
PRESENT
THE HON'BLE MR JUSTICE K.SOMASHEKAR
AND
THE HON'BLE MR JUSTICE RAJESH RAI K
REGULAR FIRST APPEAL NO. 1192 OF 2022 (DEC)
BETWEEN:
1. SRI. ANJINAPPA
S/O LATE SRI. GULLAPPAIAH
AGED ABOUT 75 YEARS
2. SMT. PILLAMMA
W/O LATE SRI.KRISHNAPPA
AGED ABOUT 61 YEARS
3. SRI. K. GOPAL
S/O LATE SRI. KRISHNAPPA
AGED ABOUT 49 YEARS
Digitally signed by
HARIKRISHNA V
Location: HIGH 4. SRI. KAVERAPPA
COURT OF S/O LATE SRI. GULLAPPAIAH
KARNATAKA
AGED ABOUT 67 YEARS
5. SRI. G. SRINIVAS
S/O LATE SRI. GULLAPPAPIAH
AGED ABOUT 58 YEARS
ALL ARE R/O CHUDASANDRA VILLAGE
SARJAPURA HOBLI,
ANEKAL TALUK
...APPELLANTS
(BY SRI. VISHNU K.V, ADVOCATE FOR A1 TO A5)
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RFA No. 1192 of 2022
AND:
1. SRI. KRISHNAPPA
S/O LATE SRI. KONJAPPA
AGED ABOUT 81 YEARS
R/O EJIPURA VILLAGE
KORAMANGALA
BANGALORE-560 034.
2. SRI. N. SUDARSHAN
S/O N. KRISHNAMURTHY
AGED ABOUT 69 YEARS
R/O NO.7/1, 8TH MAIN
13TH CROSS, MALLESHWARAM
BANGALORE-560 055.
3. SRI.S. THAYAPPA
S/O LATE SONNAPPA
AGED ABOUT 71 YEARS
R/O NO. 98
JUNNASANDRA VILLAGE
CARMALARAM POST
BANGALORE EAST TALUK-560 035.
4. SRI. ASHOK ABRAHAM KURIAKOSE
S/O LATE C.T KURIAKOSE
AGED ABOUT 49 YEARS
R/O NO. 80/10, HULIMAVU
BANNERGATTA ROAD,
BANGALORE-560 076.
...RESPONDENTS
(BY SRI. YESHWANTH B.N ADVOCATE FOR
SRI. UDAY K.S, ADVOCATE FOR C/R2 & R4)
THIS RFA IS FILED UNDER SECTION 96 OF CPC AGAINST
THE JUDGMENT AND DECREE DATED 17.03.2022 PASSED IN
OS No.799/2009 ON THE FILE OF THE PRINCIPAL SENIOR
CIVIL JUDGE AND JMFC, ANEKAL, DISMISSING THE SUIT FOR
DECLARATION.
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RFA No. 1192 of 2022
THIS APPEAL, 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
rendered by the Principal Senior Civil Judge and JMFC, Anekal
in O.S.No.799/2009 dated 17.03.2022.
2. Smt. Vaishali Hegde, learned counsel for the
appellants has issued NOC in this matter. Consequently, the
learned counsel, namely Sri Vishnu K.V., comes on record by
filing his vakalath along with the NOC issued by the previous
counsel. Hence, Registry is directed not to show the name of
Smt.Vaishali Hegde, as appearing for the appellants in the
cause list.
3. Learned counsel for the respondents, namely
Sri Uday K.S., is on record but represented by learned counsel,
namely, Sri Yashavanth B.N., is present before the Court
physically.
NC: 2024:KHC:43812-DB
4. In this matter, learned counsel for the appellants
has filed a memo for withdrawal of this appeal on the ground
that the parties have settled their dispute outside the Court.
Accordingly, the appeal is dismissed as withdrawn.
Sd/-
(K.SOMASHEKAR)
JUDGE
Sd/-
(RAJESH RAI K)
JUDGE
KTY
