IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JANUARY 2017 BEFORE THE HON'BLE MR. JUSTICE B. VEERAPPA R.S.A.NO.658 OF 2014 (PAR) BETWEEN:
1. SMT. BHAGYALAKSHMI, D/O. SHANKARAPPA, AGED ABOUT 28 YEARS, 2. SRI. MOHAN KUMAR, S/O. SHANKARAPPA, AGED ABOUT 25 YEARS, 3. KUM. SHWETHANJALI, D/O. SHANKARAPPA, AGED ABOUT 21 YEARS, THE APPELLANTS 1 TO 3 ARE RESIDING AT, NO. MARUTHINAGARA, WEAVERS COLONY, NELAMANGALA TOWN, NELAMANGALA TALUK, BANGALORE RURAL DISTRICT, PIN-562 123.
... APPELLANTS (BY SRI. V. NAGAREDDY, ADVOCATE) AND:
1. SMT. HONNADEVAMMA, D/O. LATE SRINIVASAN, AGED ABOUT 41 YEARS, RESIDING AT DEVANGA STREET, KURUBARA BEEDHI, NELAMANGALA TOWN, NELAMANGALA TALUK, BANGALORE RURAL DISTRICT, PIN-562 123.
2. SRI. SIDDAMALLAIAH, S/O. LATE GANGAPPA, AGED ABOUT 83 YEARS, RESIDING AT KURUBARA BEEDHI, NELAMANGALA TOWN, NELAMANGALA TALUK, BANGALORE RURAL DISTRICT, PIN-562 123.
3. SRI. PUTTARAJU, S/O. SIDDAMALLAIAH, AGED ABOUT 57 YEARS, RESIDING AT DASARAHALLI, MAGADI ROAD, BANGALORE, PIN-560 091.
4. SRI. KESHAVAMURTHY, S/O. SIDDAMALLAIAH, AGED ABOUT 55 YEARS, R/AT GOVINDAPPA LAYOUT, SHEBHASANAGARA, NELAMANGALA TOWN, NELAMANGALA TALUK, BANGALORE RURAL DISTRICT, PIN-562 123.
5. SRI. SHANKARAPPA, S/O. SIDDAMALLAIAH, AGED ABOUT 52 YEARS, KURUBARA BEEDHI, NELAMANGALA TOWN, NELAMANGALA TALUK, BANGALORE RURAL DISTRICT, PIN-562 123.
6. SRI. SHIVANNA, S/O. SIDDAMALLAIAH, AGED ABOUT 49 YEARS, DASARAHALLI, MAGADI ROAD, BANGALORE, PIN-560 091.
7. SMT. SHARADAMMA, D/O. SIDDAMALLAIAH, W/O. ANJANAPPA, AGED ABOUT 46 YEARS, ADUGODI, POLICE QUARTERS, BANGAL0RE, PIN-560 030.
8. NALLARAPPA, S/O. LATE NANJAMMA, AGED ABOUT 46 YEARS, RESIDING AT SULAKERE VILLAGE, KENGERI HOBLI, BANGALORE SOUTH TALUK, PIN-560 060.
... RESPONDENTS (BY SRI. S. YATHIRAJ, ADVOCATE FOR C/R1.) THIS RSA IS FILED U/S. 100 R/W ORDER 41 RULE 1 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 11.04.2014 PASSED IN R.A.NO.2/2014 ON THE FILE OF THE I ADDL. DISTRICT AND SESSIONS JUDGE, BANGALORE RURAL DISTRICT, BANGALORE, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 18.12.2013 PASSED IN O.S. NO.334/2013 ON I.A. NO.4 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, NELAMANGALA.
THIS RSA COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:
J U D G M E N T This is plaintiffs’ regular second appeal against the judgment and decree dated 11.04.2014 passed in R.A. No.2/2014 on the file of the I Addl. District and Sessions Judge, Bangalore Rural District, confirming the judgment and decree dated 18.12.2013 made in O.S. No.334/2013 on I.A. No.4, on the file of the Senior Civil Judge and JMFC, Nelamangala, rejecting the suit filed by the plaintiff for partition and separate possession.
2. Learned counsel for the appellants has filed a memo dated 23.11.2016 stating that the parties have settled the matter amicably outside the court. Therefore, he wants to withdraw the appeal. Memo is placed on record.
3. The appeal is dismissed as withdrawn.
snc Sd/- JUDGE