IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF OCTOBER, 2019 BEFORE THE HON'BLE MRS. JUSTICE B.V.NAGARATHNA AND THE HON’BLE MR. JUSTICE SURAJ GOVINDARAJ R.F.A. NO.218 OF 2014 (PAR/POS) BETWEEN:
SMT. B. LAKSHMI W/O VENKATARAMANA BHAT AGED: 68 YEARS R/A KODANGE ROAD KULSHEKAR POST MANGALORE-575005 (BY SRI. B.R. RAGHAVENDRA, ADVOCATE) AND:
1. B. VASUDEVA BHAT S/O LATE SUBARAYA BHAT AGED: 73 YEARS 2. SATHISH S/O B. VASUDEVA BHAT AGED: MAJOR 3. SATHYAPRASAD S/O B. VASUDEVA BHAT AGED: MAJOR ... APPELLANT ALL ARE RESIDING AT KODIKANDA HOUSE SHAKTHINAGAR MANGALORE-575016 4. B. SHARADA D/O LATE SUBBARAYA BHAT AGED: 66 YEARS KODIKANDA HOUSE SHAKTHINAGAR MANGALORE-575016 5. B. DURGA @ SHYLAJA AGED: 57 YEARS D/O LATE SUBBURAYA BHAT NADUMANE HOUSE PADNE POST AND VILLAGE KASARGODU DISTRICT KERALA STATE-671312 6. DR. SUBRAMANYA BHAT.K S/O LATE K. NARAYANA BHAT AGED: 66 YEARS KULASHEKARA POST MANGALORE-575005 7. DR. RAMAKRISHNA BHAT S/O LATE K. NARAYANA BHAT AGED: 64 YEARS R/A KONGOOR MUTT KULSHEKARA MANGALORE-575005 8. SMT. KUSUMA W/O ACHUTHA BHAT AGED: 60 YEARS R/A VISHAL GARDEN DODDATHOTA POST SULLIA TALUK D.K. DISTRICT-574248 9. ANANTHA BHAT S/O LATE NARAYANA BHAT A KONGOOR MUTT KULSHEKARA MANGALORE-575005 ... RESPONDENTS (BY SRI. M. SUDHAKAR PAI, ADVOCATE FOR R1-3; R5. R6 AMD R7 ARE SERVED;
R8- SERVICE OF NOTICE IS HELD SUFFICIENT VIDE COURT ORDER DATED 04/09/2018) THIS APPEAL IS FILED UNDER SECTION 96 READ WITH ORDER 41 R.1 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED: 17.12.2013 PASSED IN O.S.132/2008 ON THE FILE OF THE PRL. SR. CIVIL JUDGE & CJM., MANGALORE, DISMISSING THE SUIT FOR PARTITION AND SEPARATE POSSESSION.
***** THIS APPEAL COMING ON FOR ORDERS, THIS DAY, NAGARATHNA J., PASSED THE FOLLOWING:
JUDGMENT The learned counsel for the appellant has filed a memo stating that the dispute between the parties has been settled amicably out of court and hence, the appellant seeks withdrawal of the appeal.
2. Memo is perused.
3. Appeal is dismissed as withdrawn on account of out of court settlement arrived at between the parties.
Sd/- JUDGE Sd/- JUDGE Prs*