IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 09TH DAY OF JANUARY, 2019 BEFORE THE HON’BLE MR. JUSTICE SREENIVAS HARISH KUMAR R.F.A. No.458 OF 2015 (PAR/POS) Between:
Smt. Geetha Sadananda, W/o. Sri. Sadananda Amin, Aged about 59 years, R/at Flat No.202, Mannagudda Towers, Mannagudda, Mangalore – 575 003. ... Appellant (By Sri. Cyril Prasad Pais, Advocate) And:
1. Smt. Varija, Aged about 77 years, W/o. late Koosa @ Keshava Chilimbi, 2. Sri. Prasad, Aged about 46 years, S/o. late Koosa @ Keshava Chilimbi, 3. Sri. Kiran, Aged about 44 years, S/o. late Koosa @ Keshava Chilimbi, Respondents 1 to 3 are residing at Chilimbi House, Urwa Chilimbi, Mangalore – 575 006.
4. Smt. Vindhya, Aged about 42 years, D/o. late Koosa @ Keshava Chilimbi, R/at Kotakar, Bhandara Mane, Kotakar, Mangalore – 575 002.
5. Smt. Naina, Aged about 40 years, W/o. Sri. Thukarama, D/o. late Koosa @ Keshava Chilimbi, R/at Heradi House, Doomappa Poojari Compound, Near Mahakali, Padpu, Jeppu, Mangalore – 575 002.
6. Smt. Asha, Aged about 57 years, W/o. Sri. Venugopal, D/o. late Koosa @ Keshava Chilimbi, R/at Srinidhi Jalashaya, Near RTO Quarters, Madikeri – 571 201.
7. Smt. Shobha, Aged about 55 years, W/o. Sri. Bhaskar Salian, D/o. late Koosa @ Keshava Chilimbi, R/at Site No.60, 5th Block, Opp. Naitangadi Krishnapura, Mangalore – 575 030.
8. Sri. Thomas Pascal Andrade, Aged about 47 years, S/o. Sri. Gasper Andrade, R/at 10/80-38, Little Flower, Preethinagar, Shakthinagar Post, Mangalore – 575 016.
9. Mrs. Juliet Noronha, Aged about 45 years, W/o. Sri. Cyprian Noronha, Residing near Chilimbi House, Urwa, Chilimbi, Mangalore – 575 006.
10. Sri. Dayananda Kotian, Aged about 41 years, S/o. Krishnappa, Residing near Chilimbi House, Urwa, Chilimbi, Mangalore – 575 006.
11. Smt. Sunitha M.H., Aged about 47 years, W/o. Sri. Hemanth Ghatti, Residing near Chilimbi House, Urwa, Chilimbi, Mangalore – 575 006.
12. Mrs. Devaki R. Shetty, Aged about 64 years, W/o. late Sri. Ramaiah Setty, Residing near Chilimbi House, Urwa, Chilimbi, Mangalore – 575 006.
13. Sri. Alageshan, Aged about 57 years, S/o. Thangaya Nadar, R/at Little Star, Urwa, Chilimbi, Mangalore – 575 006.
14. Sri. Raghu R. Shetty, Aged about 48 years, S/o. late Sri. Achutha Shetty, 15. Smt. Sujaya R. Shetty, Aged about 44 years, W/o. Raghu R. Shetty, Respondents 14 & 15 are residing near Pilar School, Ambika Road, Thokkottu, Mangalore.
16. Sri. P.M. Ramesh Nambiar, Aged about 65 years, S/o. late Dr. T.N.K. Nambiar, Working as Senior Branch Manager, LIC of India, Kapu, Dakshina Kannada District, Udupi – 574 106.
17. Dr. Kishore Kumar Urangala, Aged about 44 years, S/o. Thangaya Nadar, R/at Little Star, Urwa, Chilimbi, Mangalore – 575 006.
18. Sri. Venkappa Shetty, Aged about 54 years, S/o. Kunjanna Shetty, 19. Smt. Revathi Shetty, Aged about 50 years, S/o. Sri. Venkappa Shetty, Respondents 18 & 19 are Residing at Ganesh Kripa, Near Chilimbi House, Urwa, Chilimbi, Mangalore – 575 006.
20. Mr. Oswald D’Silva, Aged about 42 years, S/o. Ambrose Raymond D’Silva, 21. Mrs. Sharmila D’Silva, Aged about 35 years, W/o. Oswald D’Silva, Respondents 20 & 21 are Residing at St. Anthony’s Compound, Falnir Road, Mangalore – 575 001.
22. Sri. S.P. Kotian, Aged about 75 years, S/o. Poovappa Poojari, R/at Kanjarkhana House, Kenjar Village & Post, Bantwal Taluk, Dakshina Kannada District – 574 211.
... Respondents (By Sri. Sandesh Shetty T., Advocate for C/R1 to R3 & R5) This R.F.A. is filed under Section 96 of the Code of Civil Procedure against the judgment and decree dated 17.12.2014 passed in OS No.393/2006 on the file of the I Additional Senior Civil Judge, Mangalore, dismissed the suit for partition and separate possession.
This R.F.A. coming on for Admission, this day, the Court made the following:
O R D E R Appellant’s counsel has filed affidavit of the appellant. In the affidavit it is stated that the matter has been settled amicably between the parties and therefore the appellant wants to withdraw the appeal. Affidavit is placed on record. Appeal is dismissed as withdrawn. Respondents No.1 to 3 are also present.
Sd/- JUDGE PN /-