IN THE HIGH COURT OF KARNATAKA AT BENGALURU ON THE 30TH DAY OF JANUARY, 2019 BEFORE THE HON'BLE MR. JUSTICE RAVI MALIMATH AND THE HON’BLE MR. JUSTICE B. M. SHYAM PRASAD REGULAR FIRST APPEAL NO.293 OF 2010 (DEC/PAR/INJ) BETWEEN:
1. SMT BHARATHI SUBBAYYA WIFE OF DR. P N SUBBAYYA AGED 68 YEARS PLANTER AND AGRICULTURIST RESIDENT OF NAKOOR ESTATE NAKOOR VILLAGE KANBILE POST, SUNTIKOPPA HOBLI SOMWARPET TALUK – 571 201.
2. SRI. P APPANA SUBBAYYA SON OF DR.P N SUBBAYYA AGED 39 YEARS PLANTER AND AGRICULTURIST RESIDENT OF NAKOOR ESTATE NAKOOR VILLAGE KANBILE POST, SUNTIKOPPA HOBLI SOMWARPET TALUK – 571 201.
3. DR. P N SUBBAYYA SON OF LATE PANDANDA NANJAPPA AGED 78 YEARS PLANTER AND AGRICULTURIST RESIDENT OF NAKOOR ESTATE NAKOOR VILLAGE, KANBILE POST SUNTIKOPPA HOBLI SOMWARPET TALUK KODAGU DISTRICT KARNATAKA STATE.
4. DR. P LEKHA SUBBAYYA DAUGHTER OF DR. P N SUBBAYYA AGED 41 YEARS PLANTER AND AGRICULTURIST RESIDENT OF NAKOOR ESTATE NAKOOR VILLAGE KANBILE POST SUNTIKOPPA HOBLI SOMWARPET TALUK KODAGU DISTRICT KARNATAKA STATE.
... APPELLANTS (BY SRI: VENKATESH R.BHAGAT, ADVOCATE) AND:
1. SMT MONIQUE SOMAYA DAUGHTER OF LATE M A SOMAYA AGED 54 YEARS NOW RESIDING AT PORTION OF K R VILLA GENERAL THIMMAYYA ROAD MADIKERI-571 201 KODAGU DISTRICT KARNATAKA STATE.
2. MISS DIVYA CARIAPPA DAUGHTER OF SHRI. KODANDERA M CARIAPPA AGED 26 YEARS PLANTER AND AGRICULTURIST RESIDENT OF GERUBANE ESTATE SUNTIKOPPA SOMWARPET TALUK – 571 201. KODAGU DISTRICT KARNATAKA STATE.
... RESPONDENTS (BY SRI: T. I.ABDULLA, ADVOCATE FOR R1 R2 - SERVED) THIS REGULAR FIRST APPEAL IS FILED UNDER SECTION 96 READ WITH ORDER 41 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 11.11.2009 PASSED IN OS.56 OF 1999 ON THE FILE OF THE CIVIL JUDGE (SR.DN.), MADIKERI, DECREEING THE SUIT FILED BY THE PLAINTIFF THEREIN, AGAINST THE DEFENDANTS NO.1 TO 4 THEREIN AS PRAYED IN THE SUIT IN RESPECT OF PLAINT ‘A’ TO ‘E’ SCHEDULE PROPERTIES EXCEPT ITEM NO.30 OF PLAINT ‘A’ SCHEDULE PROPERTIES AND DISMISSING THE SUIT FILED BY THE PLAINTIFF THEREIN, AGAINST THE DEFENDANT NO.5 THEREIN; SUIT FOR DECLARATION OF MESNE PROFITS AND PERMANENT INJUNCTION.
***** THIS REGULAR FIRST APPEAL COMING ON FOR FINAL HEARING THIS DAY, RAVI MALIMATH, J., DELIVERED THE FOLLOWING:
JUDGMENT A memo is filed in the Court today stating that the parties have the settled the matter out of the Court.
In view of the memo filed, the appeal is dismissed as withdrawn. 75% of the Court fee is directed to be refund to the appellants.
Sd/- Sd/-
JUDGE JUDGE *bgn/-