Citation : 2025 Latest Caselaw 8384 Kant
Judgement Date : 15 September, 2025
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NC: 2025:KHC:36499
RFA No. 1243 of 2023
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 15TH DAY OF SEPTEMBER, 2025
BEFORE
THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA
REGULAR FIRST APPEAL NO.1243 OF 2023 (PAR)
BETWEEN:
SRI CHIKKAANJANAPPA
S/O LATE GEDDALAHALLI POOJIGA @ POOJAPPA
SINCE DEAD BY HIS LR's.
1(a) SMT. RATHNAMMA
W/O LATE MUNIYAPPA,
AGED ABOUT 45 YEARS,
1(b) SMT. GAJALAKSHMI @ PUSHPALATHA
D/O LATE MUNIYAPPA,
AGED ABOUT 24 YEARS,
1(c) MR. CHETHAN
S/O LATE MUNIYAPPA
AGED ABOUT 22 YEARS,
Digitally signed by 1(d) SRI NARAYANASWAMY
MAHALAKSHMI B M S/O LATE CHIKKANJINAPPA,
Location: HIGH AGED ABOUT 43 YEARS,
COURT OF
KARNATAKA
1(e) SRI CHIKKANNA
S/O LATE CHIKKANJINAPPA,
AGED ABOUT 47 YEARS,
1(f) SRI MANJUNATHA
S/O LATE CHIKKANJINAPPA,
AGED ABOUT 40 YEARS,
1(g) SRI RAMESH
S/O LATE CHIKKANJINAPPA,
AGED ABOUT 39 YEARS,
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RFA No. 1243 of 2023
HC-KAR
1(h) SRI CHANDRAPPA
S/O LATE CHIKKANJINAPPA
AGED ABOUT 33 YEARS,
1(i) SMT. ARUNA
D/O LATE CHIKKANJINAPPA,
W/O RAMESHA
AGED ABOUT 31 YEARS,
ALL ARE R/AT LAKSHMIPURA VILLAGE,
YESHWANTHPURA HOBLI,
VIDYARANYAPURA POST,
BENGALURU-560097.
...APPELLANTS
(BY SRI CHANDRAHASA G., ADVOCATE)
AND:
1. SMT. KEMPAMMA
W/O LATE RANGAPPA
AGED ABOUT 60 YEARS,
2. SMT. KALAMMA
D/O LATE RANGAPPA
AGED ABOUT 28 YEARS,
3. SMT. DEVAMMA
D/O LATE RANGAPPA
AGED ABOUT 25 YEARS,
4. SMT. MUNIDURGAMMA
W/O MASTANAPPA
D/O LATE MAUNI HANUMAPPA,
AGED ABOUT 60 YEARS,
5. SRI SHIVALINGAMMA
W/O LATE MAUNI HANUMAPPA,
AGED ABOUT 30 YEARS,
6. SMT. ANJINAMMA
D/O LATE MAUNI HANUMAPPA,
AGED ABOUT 28 YEARS,
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RFA No. 1243 of 2023
HC-KAR
7. SRI SRINIVASA
S/O LATE MAUNI HANUMAPPA,
AGED ABOUT 25 YEARS,
ALL ARE R/AT LAKSHMIPURA VILLAGE,
YESHWANTHPURA HOBLI,
VIDYARANYAPURA POST,
BENGALURU-560097.
8. SRI MADESHA
S/O LATE KATERAPPA,
AGED ABOUT 40 YEARS,
9. SRI GOJJAPPA
S/O LATE KATERAPPA,
AGED ABOUT 35 YEARS,
NOS.8 AND 9 ARE RESIDING AT
BATTARAMARENAHALLY,
DEVANAHALLI TALUK,
BANGALORE RURAL DISTRICT.
10. SRI CHIKKABYLAPPA
S/O LATE KOMBU CHIKKANNA,
AGED ABOUT 50 YEARS,
R/AT UGANAVADI, DEVANAHALLI TALUK,
BANGALORE RURAL DISTRICT.
11. SMT. BYLAMMA @ DODDA BYALAMMA
W/O LATE RAMANNA @ KATCHE RAMANNA,
AGED ABOUT 70 YEARS,
12. SMT. MUNIYAMMA
D/O LATE RAMANNA @ KATCHE RAMANNA,
AGED ABOUT 50 YEARS,
13. SMT. GUDDAMMA
D/O LATE RAMANNA @ KATCHE RAMANNA,
AGED ABOUT 48 YEARS,
14. SMT. CHIKKAMMA
D/O LATE RAMANNA @ KATCHE RAMANNA,
AGED ABOUT 45 YEARS,
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RFA No. 1243 of 2023
HC-KAR
15. SMT. RATHNAMMA
D/O LATE RAMANNA @ KATCHE RAMANNA,
AGED ABOUT 40 YEARS,
16. SRI MUNI ANJINAPPA
S/O LATE BYALAPPA,
AGED ABOUT 33 YEARS,
17. SRI RAJANNA
S/O LATE BYALAPPA,
AGED ABOUT 30 YEARS,
18. SRI MUNIYAPPA @ MUNEGOWDA
S/O LATE BYALAPPA
AGED ABOUT 28 YEARS,
19. SMT. THIMMAKKA
W/O LATE HANUMANTHAPPA
D/O LATE CHIKKAMUNIYAPPA,
AGED ABOUT 70 YEARS,
NOS.11 TO 19 ARE RESIDING AT
LAKSHMIPURA VILLAGE,
YESHWANTHPURA HOBLI,
VIDHYARANYAPURA POST,
BANGALORE-560097.
20. SRI CHIKKANNA
S/O LATE CHIKKAMUNIYAPPA,
SINCE DEAD BY HIS LR's.
20(a) ANJINAMMA
AGED ABOUT 62 YEARS,
W/O LATE CHIKKANNA,
20(b) MUNIRAJ .C
AGED ABOUT 44 YEARS,
S/O LATE CHIKKANNA,
20(c) UMADEVI
AGED ABOUT 42 YEARS,
D/O LATE CHIKKANNA
W/O RAVI .C
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RFA No. 1243 of 2023
HC-KAR
20(d) MURTHY .C
AGED ABOUT 40 YEARS,
S/O LATE CHIKKANNA,
20(e) CHANDRAPPA .C
AGED ABOUT 38 YEARS,
S/O LATE CHIKKANNA
ALL ARE RESIDING AT NO.19,
MARUTHI NAGARA,
VIDYARANYAPURA, BENGALURU.
21. SRI KANTHILAL A PATEL
S/O ARJUNA N PATEL
SINCE DEAD BY HIS LR.
21(a) SRI BHAVESH PATEL
S/O LATE KANTHILAL A PATEL
MAJOR IN AGE,
R/AT NO.5, 4TH CROSS,
1ST MAIN ROAD, ASHIRVADA COLONY,
HORAMAVU MAIN ROAD,
BANASWADI,
BENGALURU-560043.
...RESPONDENTS
(NOTICES TO R-2 - KALAMMA SERVED;
R-5 - SHIVALINGAMMA SERVED;
R-11 - BYALAMMA @ DODDABYALAMMA SERVED;
R-14 - CHIKKAMMA SERVED;
R-19 - THIMMAKKA SERVED;
R-20(A) - ANJINAMMA SERVED;
R-20(B) - MUNIRAJU .C. SERVED;
R-20(E) - CHANDRAPPA .C. SERVED AND UNREPRESENTED)
THIS RFA IS FILED UNDER SECTION 96 R/W ORDER 41 RULE 1
OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 09.03.2023
PASSED IN O.S.NO.1780/2023 ON THE FILE OF THE XLII
ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU
DISMISSING THE SUIT FOR PARTITION AND SEPARATE
POSSESSION.
THIS APPEAL COMING ON FOR ORDERS, THIS DAY, JUDGMENT
WAS DELIVERED THEREIN AS UNDER:
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RFA No. 1243 of 2023
HC-KAR
CORAM: HON'BLE MRS. JUSTICE K.S. HEMALEKHA
ORAL JUDGMENT
Learned counsel for the appellants filed memo,
which reads as under:
"In the above case the Appellants submits that, the matter has been settled outside the Court with Respondent No.22(a) Sri.Bhavesh Patel who is the Purchaser of Suit Property. Hence, the Appellants are not pressing the Appeal and the same may kindly be dismissed as withdrawn and settled out of Court, in the interest of justice."
2. Memo is taken on record.
3. In view of memo, the appeal stands dismissed
as withdrawn.
Sd/-
_____________________ JUSTICE K.S. HEMALEKHA
AT
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