Sri Seetharam vs Smt Chikkamuniyamma
2025 Latest Caselaw 219 Kant

Karnataka High Court

Sri Seetharam vs Smt Chikkamuniyamma on 15 May, 2025

Author: M.G.S. Kamal

Bench: M.G.S. Kamal

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                                                            NC: 2025:KHC:18266
                                                        RFA No. 1363 of 2023




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                              DATED THIS THE 15TH DAY OF MAY, 2025

                                               BEFORE
                              THE HON'BLE MR JUSTICE M.G.S. KAMAL

                        REGULAR FIRST APPEAL NO. 1363 OF 2023 (PAR/DEC)

                   BETWEEN:
                   SRI. SEETHARAM
                   S/O. LATE RAMAPPA
                   AGED ABOUT 52 YEARS
                   R/AT.NO.16, MESTRYPALYA
                   KORAMANGALA 4TH BLOCK
                   7TH CROSS, BENGALURU - 560 034
                                                                   ...APPELLANT
                   (BY SRI. GANGADHARAIAH A.N., ADVOCATE)

                   AND:
                   1.   SMT. CHIKKAMUNIYAMMA,
                        W/O LATE YELLAPPA,
                        AGED ABOUT 65 YEARS,

                   2.   SRI. MUNIRAJA,
                        S/O LATE YELLAPPA,
                        AGED ABOUT 38 YEARS,
Digitally signed
by SUMA B N
Location: HIGH
                   3.   SRI. R KRISHNA,
COURT OF                S/O LATE RAMAPPA,
KARNATAKA
                        AGED ABOUT 62 YEARS,

                   4.   SRI. R RAJAGOPAL,
                        S/O LATE RAMAPPA,
                        AGED ABOUT 45 YEARS,

                        1 TO 4 ARE RESIDING AT,
                        PANATHUR VILLAGE,
                        VARTHUR HOBLI,
                        BANGALORE EAST TALUK,
                        BANGALORE.
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                                           NC: 2025:KHC:18266
                                         RFA No. 1363 of 2023




     SRI. R KUMAR
     SINCE DEAD, BY LRS

5.   SMT. MANJULA
     W/O. LATE R KUMAR
     AGED ABOUT 45 YEARS

6.   SRI. CHANDRASHEKAR K
     S/O. LATE R. KUMAR
     AGED ABOUT 29 YEARS

     RESPONDENTS 5 & 6 ARE
     RESIDING AT: NO.210, 2ND
     CROSS, A.K. COLONY, BEGUR
     BENGALURU SOUTH
     BENGALURU - 560 068.

7.   SMT. MUNIRATHNA
     W/O. V. NAGESH
     D/O. LATE R KUMAR
     AGED ABOUT 26 YEARS
     RESIDING AT: MASTENAHALLI,
     HENNAGARA POST, JIGANI,
     BENGALURU - 560 105

8.   SMT. LOUISA RODRIGUES,
     W/O LATE MANUEL RODRIGUES,
     AGED ABOUT 98 YEARS,
     RESIDING AT NO.4609, 6TH FLOOR,
     HIGH POINT IV, 45, PALACE ROAD,
     BANGALORE - 560 001.
     THROUGH HER G P A HOLDER
     SRI R.A. NARASIMHA REDDY.

9.   M/S. MANTRI DEVELOPERS PVT. LTD.,
     REP. BY ITS AUTHORISED SIGNATORY,
     AND GENERAL MANAGER,
     SRI H.S. GIRISH GUPTA
     HAVING ITS REGD. OFFICE AT
     "MANTRI HOUSE", NO.41,
     VITTAL MALLYA ROAD,
     BENGALURU - 560 001.
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                                          NC: 2025:KHC:18266
                                       RFA No. 1363 of 2023




10. SRI B.S.N. HARI,
    AGED ABOUT 60 YEARS,
    S/O LATE SATYANNA,
    HAVING OFFICE AT NO.1,
    GUTTE ANJANEYA TEMPLE STREET,
    HOSUR ROAD, WILSON GARDEN,
    BENGALURU - 560 027.

11. SRI D. RAVISHANKAR,
    AGED ABOUT 60 YEARS,
    S/O D. KAMESH,
    HAVING OFFICE AT NO.1,
    GUTTE ANJANEYA TEMPLE STREET,
    HOSUR ROAD, WILSON GARDEN,
    BENGALURU - 560 027.

12. SRI B.N. ADARSH,
    AGED ABOUT 32 YEARS,
    S/O B.S.N HARI,
    HAVING OFFICE AT NO.1,
    GUTTE ANJANEYA TEMPLE STREET,
    HOSUR ROAD, WILSON GARDEN,
    BENGALURU - 560 027.

13. IFCI LTD.,
    IFCI BHAVAN, 4TH FLOOR,
    2 CUBBON PET, N.R. SQUARE,
    BENGALURU, BY ITS ASST.
    GENERAL MANAGER

14. M/S SUMADHURA BUILD WELL PVT. LTD.,
    A COMPANY INCORPORATED UNDER
    THE INDIAN COMPANIES ACT, 1956,
    HAVING REGISTERED OFFICE AT
    NO.14 & 15, PATTANDURU
    AGRAHARA VILLAGE, WHITE FIELD,
    BENGALURU - 560 056, REPRESENTED
    BY ITS DIRECTOR, MR. G MADHU SUDHAN
    BY ITS ASST. GENERAL MANAGER
                                              ...RESPONDENTS
(BY SRI. VIJAYA KUMAR K, ADVOCATE FOR R9 TO R12.
    SRI. BIPIN HEDGE, ADVOCATE FOR R14.
    SRI. BHARATH KUMAR .V., ADVOCATE FOR R13)
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                                                 NC: 2025:KHC:18266
                                               RFA No. 1363 of 2023




      THIS RFA IS FILED UNDER SECTION 96 R/W ORDER 41 RULE 1
OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 24.03.2023
PASSED IN OS NO. 8188/2011 ON THE FILE OF THE XXXIV
ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU,
DISMISSING THE SUIT FOR PARTITION AND DECLARATION.

      THIS RFA, COMING ON FOR HEARING - INTERLOCUTORY
APPLN, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM:    HON'BLE MR JUSTICE M.G.S. KAMAL

                         ORAL JUDGMENT

Learned counsel for the appellant submits that the matter

has been settled and appellant who is the plaintiff before the

Trial Court intends to withdraw the appeal as settled out of

Court. He files a memo duly signed by the appellant which

reads as under:

"In view of the amicable settlement arrived between the appellant and respondents with respect to dispute in this appeal. The appellant is withdrawing the above appeal as settled out of court, in this regard this memo is filed seeking dismissal of the appeal.

Wherefore, the appellant respectfully prayed that this Hon'ble Court be pleased to dismiss the above appeal as settled out of court, in the interest of justice and equity. "

The appellant is personally present before this Court and

identified by the learned counsel for the appellant.

NC: 2025:KHC:18266

Memo taken on record.

The appeal is dismissed as withdrawn.

In view of disposal of the appeal, pending IAs if any,

stands disposed of.

SD/-

(M.G.S. KAMAL) JUDGE SPV