Nirmala R Shetty vs Pradeep Kumar Shetty
2025 Latest Caselaw 5666 Kant

Karnataka High Court

Nirmala R Shetty vs Pradeep Kumar Shetty on 28 March, 2025

Author: Ravi V Hosmani

Bench: Ravi V Hosmani

                                                 -1-
                                                       NC: 2025:KHC:13219
                                                        RSA No. 92 of 2015




                       IN THE HIGH COURT OF KARNATAKA AT BENGALURU
                          DATED THIS THE 28TH DAY OF MARCH, 2025
                                            BEFORE
                          THE HON'BLE MR JUSTICE RAVI V HOSMANI
                        REGULAR SECOND APPEAL NO.92 OF 2015 (PAR)
                  BETWEEN:
                        NIRMALA R SHETTY,
                        W/O LATE RATHNAKAR SHETTY,
                        AGED ABOUT 54 YEARS,
                        R/O "AKHATHA", ANAND NAGAR,
                        1ST CROSS, NEAR BUS STAND
                        BADAMI - 587 201,
                        BAGALKOT DISTRICT.
                                                             ...APPELLANT
                  (BY SRI PRASAD B S., ADVOCATE)
                  AND:
                  1.    PRADEEP KUMAR SHETTY,
                        S/O M MAHABALA SHETTY,
                        AGED ABOUT 51 YEARS,
                        R/O SAI RADHA PALACE
                        A-WING, 601A, BRAHMAGIRI
                        UDUPI-576101.

                  2.    KUSUMA HEGGADTHI,
                        W/O M MAHABALA SHETTY,
Digitally signed by     AGED ABOUT 82 YEARS,
GEETHAKUMARI            R/O JAYALAXMI NILAYA,
PARLATTAYA S            NMC II CROSS
Location: High          BEHIND VINAYAKA TALKIES,
Court of Karnataka      BHADRAVATHI TOWN - 577 301.

                  3.    JAYALAXMI B SHETTY,
                        D/O M MAHABALA SHETTY,
                        AGED ABOUT 53 YEARS,

                  4.    SACHHIDANANDA SHETTY,
                        S/O M MAHABALA SHETTY,
                        AGED ABOUT 48 YEARS,

                  5.    SUNIL SHETTY,
                        S/O M MAHABALA SHETTY,
                        AGED ABOUT 46 YEARS,
                        RESPONDENT NOS. 3 TO 5
                        R/O BEERU BETTU MANE,
                                -2-
                                               NC: 2025:KHC:13219
                                                RSA No. 92 of 2015




     MADAGA, ATHRADI VILLAGE - 575 323,
     UDUPI TALUK AND DISTRICT.
                                                  ...RESPONDENTS
(BY SRI K. PRASANNA SHETTY, ADVOCATE FOR R1;
    R3, R4 & R5 - SERVED; V/O DATED 17.03.2025 APPEAL IS
    DISMISSED AS ABATED AGAINST R2)
       THIS RSA IS FILED UNDER SEC.100 OF CPC., AGAINST THE
ORDER DATED 17.11.2014 PASSED IN FR.NO.63/2013 ON THE FILE
OF THE PRL. SR.CIVIL JUDGE, UDUPI DISMISSING THE APPEAL
FILED AGAINST THE JUDGMENT AND DECREE DATED 15.09.2012
PASSED IN OS.NO.98/2012 ON THE FILE OF THE PRL. C.J. AND
JMFC, UDUPI.


       THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:


CORAM:       HON'BLE MR JUSTICE RAVI V HOSMANI

                         ORAL JUDGMENT

On previous occasion, learned counsel for appellant

submitted that there was settlement between parties before

trial Court and sought time to secure copies and report same.

Today, learned counsel for appellant submits that he is

unable to secure particulars of settlement. Since it is submitted

that matter is settled between parties before trial Court, placing

same on record, appeal is dismissed.

Sd/-

(RAVI V HOSMANI) JUDGE

GRD