Basamma vs M.K.Jagadeeshchandra
2025 Latest Caselaw 112 Kant

Karnataka High Court

Basamma vs M.K.Jagadeeshchandra on 1 April, 2025

Author: Hanchate Sanjeevkumar

Bench: Hanchate Sanjeevkumar

                                                  -1-
                                                             NC: 2025:KHC:13668
                                                         MFA No. 8781 of 2019




                           IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                               DATED THIS THE 1ST DAY OF APRIL, 2025

                                               BEFORE
                       THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR
                      MISCELLANEOUS FIRST APPEAL NO. 8781 OF 2019 (CPC)
                      BETWEEN:

                      1.    BASAMMA
                            W/O. LATE M. KENCHAPPA,
                            AGED ABOUT 70 YEARS,

                      2.    M K MAMATHA
                            D/O. LATE M. KENCHAPPA,
                            W/O. D.R. CHANNESHAPPA,

                            AGED ABOUT 50 YEARS,
                            R/AT N.C.D.C. QUARTERS,
                            NATIONAL GAMES VILLAGE,
                            KORAMANGALA, BENGALURU-560034.

                      3.    M K SAVITHA
Digitally signed by
RAMYA D                     D/O. LATE M. KENCHAPPA,
Location: HIGH              W/O. YOGISH,
COURT OF
KARNATAKA                   AGED ABOUT 46 YEARS,

                            ALSO RESIDING AT FLAT NO.10/27
                            MAHALAKSHMI CO-OPERATIVE HOUSING SOCIETY
                            MANMALA TANK ROAD
                            NEAR BPL CENTER,
                            MATUNGA (WEST)
                            MAHIM
                            MUMBAI-400016

                            REPRESENTED BY HER POWER OF ATTORNEY
                            HOLDER SMT. M.K. MAMATHA
                            I.E. 2ND PETITIONER
                            -2-
                                      NC: 2025:KHC:13668
                                    MFA No. 8781 of 2019




     APPELLANTS NO.1 AND 3 ARE R/AT NO.48,
     KALYAN HOUSING SOCIETY LAYOUT,
     8TH MAIN, 3RD CROSS, HAMPINAGARA,
     VIJAYANAGARA 2ND STAGE,
     BENGALURU-562104.
                                             ...APPELLANTS
(BY SRI. S V PRAKASH, ADVOCATE)

AND:

1.   M.K.JAGADEESHCHANDRA
     S/O. M. KENCHAPPA,
     AGED ABOUT 53 YEARS,
     R/AT NO.48, KALYAN HOUSING SOCIETY LAYOUT,
     8TH MAIN, 3RD CROSS,
     HAMPINAGARA,
     VIJAYANAGARA 2ND STAGE,
     BENGALURU-562104.

2.  NATIONAL SECURITY DEPOSIT LIMITED
    DP BGSE FINANCIALS LIMITED (IN302148)
    NO.51, I CROSS,
    STOCK EXCHANGE TOWER,
    J C ROAD,
    BENGALURU-560027
                                        ...RESPONDENTS
(BY SRI. THYAGARAJA S., ADVOCATE FOR R1
 VIDE ORDER DATED 24.08.2021,
 NOTICE TO R2 IS DISPENSED WITH)

     THIS MFA IS FILED U/O. 43 RULE 1(r) OF CPC, AGAINST
THE ORDER DT. 22.07.2019 PASSED ON IA NO.1 AND 2 IN
O.S.NO.9433/2015 ON THE FILE OF THE XX ADDITIONAL CITY
CIVIL AND SESSIONS JUDGE, BENGALURU (CCH-32),
DISPOSING OF IA NO.1 AND II FILED U/O. 39 RULES 1 AND 2
R/W SEC.151 OF CPC.

    THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
                               -3-
                                         NC: 2025:KHC:13668
                                      MFA No. 8781 of 2019




CORAM:     HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR



                         ORAL JUDGMENT

1. Learned counsel for the appellants has filed memo

dated 01.04.2025 seeking to withdraw the appeal, since

the dispute between the parties has been amicably settled

and that the instant appeal has rendered infructuous.

2. Placing the memo on record, the appeal is

dismissed as having become infructuous.

SD/-

(HANCHATE SANJEEVKUMAR) JUDGE

NG