B K Lakshminarasimhaiah S/O Late B R ... vs M Gopalappa S/O Late Munivenkatappa
2024 Latest Caselaw 25930 Kant

Karnataka High Court

B K Lakshminarasimhaiah S/O Late B R ... vs M Gopalappa S/O Late Munivenkatappa on 23 October, 2024

Author: H.P.Sandesh

Bench: H.P.Sandesh

                                             -1-
                                                            NC: 2024:KHC:42703
                                                          RFA No. 144 of 2008
                                                   C/W RFA.CROB No. 5 of 2009




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                          DATED THIS THE 23RD DAY OF OCTOBER, 2024

                                           BEFORE

                             THE HON'BLE MR JUSTICE H.P.SANDESH

                          REGULAR FIRST APPEAL NO.144 OF 2008 (SP)
                                            C/W
                           RFA CROSS OBJECTION NO.5 OF 2009 (SP)

                   IN RFA NO. 144/2008
                   BETWEEN:

                         M GOPALAPPA
                         SINCE DECEASED BY LRS

                   1.    SMT. VENKATALAKSHMAMMA
                         AGED 60 YEARS
                         W/O LATE M GOPALAPPA

                   2.    G MOHANRAJ
Digitally signed         AGED 44 YEARS
by DEVIKA M
                         S/O LATE M GOPALAPPA
Location: HIGH
COURT OF
KARNATAKA                1 & 2 BOTH R/AT NO.153, SULTHANPET MAIN
                         ROAD
                         BANGALORE-560053

                   3.    G NAGARAJ
                         AGED 48 YEARS
                         S/O LATE M GOPLALAPPA
                         R/AT NO.166, SULTHANPET MAIN ROAD
                         BANGALORE - 560 053
                             -2-
                                           NC: 2024:KHC:42703
                                         RFA No. 144 of 2008
                                  C/W RFA.CROB No. 5 of 2009




4.   SMT. G PRABHA
     AGED MAJOR
     D/O LATE M GOPALAPPA
     R/AT NO.26, MANAVARTHPET
     NEAR GANESHA TEMPLE
     AKKIPETE
     BANGALORE - 560 053

                                               ...APPELLANTS

(BY SRI B N ANANTHA NARAYANA, ADVOCATE FOR
A1(1 & 2); A1(3), A1(4), A3(1), A3(2), A3(3) ARE
SERVED)


AND:

B K LAKSHMINARASIMHAIAH
AGED 69 YEARS
S/O LATE B.R. KRISHNAPPA
R/O NO.21
MUNIRAMANNA LANE
COTTONPET, BANGALORE-560053

                                              ...RESPONDENT

(BY SRI A Y N GUPTA, ADVOCATE)


       THIS RFA IS FILED U/S.96 OF CPC AGAINST THE
JUDGMENT     AND   DECREE    DT.05.11.2007      PASSED     IN
O.S.NO.8520/1996 ON THE FILE OF THE V ADDL. CITY
CIVIL JUDGE, BANGALORE AND ETC.
                          -3-
                                        NC: 2024:KHC:42703
                                      RFA No. 144 of 2008
                               C/W RFA.CROB No. 5 of 2009




IN RFA.CROB NO.5/2009

BETWEEN:

B K LAKSHMINARASIMHAIAH
AGED ABOUT 70 YEARS
S/O LATE B R KRISHNAPPA
R/O NO 21, MUNIRAMANNA GALLI
COTTONPET, BANGALORE 53
                                            ...APPELLANT
(BY SRI A Y N GUPTA, ADVOCATE)
AND:

     M GOPALAPPA
     SINCE DECEASED BY LRS

A.   SMT. VENKATALAKSHMAMMA
     AGED 60 YEARS
     W/O LATE M GOPALAPPA
     R/AT NO.153, SULTHAN PET MAIN ROAD
     AKKIPET CIRCLE
     BANGALORE-53

B.   SRI G NAGARAJ
     AGED 45 YEARS
     S/O LATE M GOPLALAPPA
     R/AT NO.167, SULTHANPET MAIN ROAD
     AKKIPET CIRCLE
     BANGALORE - 560 053

C.   SMT. G PRABHA
     AGED 43 YEARS
     D/O LATE M GOPALAPPA
     R/AT NO.26, M R LANE, MANAVARTHPET
     NEAR GANESHA TEMPLE
     AKKIPETE
     BANGALORE - 560 053
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                                      NC: 2024:KHC:42703
                                    RFA No. 144 of 2008
                             C/W RFA.CROB No. 5 of 2009




D. SRI G MANJUNATH @ MOHANRAJ
   AGED 41 YEARS
   S/O LATE M GOPALAPPA
   R/AT NO.153, SULTHANPET
   AKKIPET CIRCLE
   BANGALORE-560053


                                       ...RESPONDENTS

(BY SRI B N ANANTHA NARAYANA, ADVOCATE FOR
R1(A&D);
R1(B) AND R1(C) ARE SERVED AND UNREPRESENTED)


    THIS RFA.CROB IS FILED U/O 41 R 22 OF CPC
PRAYING TO SET ASIDE THE FINDING OF THE TRIAL
COURT ON ISSUE NO.7 AND BE PLEASED TO HOLD THAT
THE DEFENDANT IS NOT LIABLE TO PAY RS.50,000/-
ALONG WITH INTEREST AND ETC.


    THIS R.F.A. AND RFA CROB, COMING ON FOR
ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS
UNDER:



CORAM: HON'BLE MR JUSTICE H.P.SANDESH
                             -5-
                                           NC: 2024:KHC:42703
                                         RFA No. 144 of 2008
                                  C/W RFA.CROB No. 5 of 2009




                      ORAL ORDER

The learned counsel appearing for the respective

parties in both the matters have filed a separate memos

seeking permission of this Court to withdraw the appeal

and cross objection on the ground that the matter is

settled between the parties and hence, the matter may be

dismissed as settled out of Court. In view of the said

memos, the learned counsel appearing for the respective

parties in both the matters are permitted to withdraw their

respective cases. Accordingly, the appeal and cross

objection are dismissed as withdrawn.

Sd/-

(H.P.SANDESH) JUDGE

SN