IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF OCTOBER, 2019 BEFORE THE HON’BLE MR. JUSTICE K.NATARAJAN REGULAR SECOND APPEAL NO.606 OF 2012 C/W REGULAR SECOND APPEAL NO.607 OF 2012 IN RSA NO.606 OF 2012 BETWEEN:
H.V. ASHOK KUMAR, S/O. LATE VEERABHADRAPPA, AGED ABOUT 59 YEARS, NOW R/O S.S.LAYOUT A-BLOCK, 4TH CROSS, SHAMANUR ROAD, DAVANAGERE-577 001.
SINCE DEAD BY LRs:
1(a) H.A. INDUMATHI, W/O. LATE H.V. ASHOK KUMAR, AGED ABOUT 53 YEARS, 1(b) H.A. SANTHOSH KUMAR, S/O. LATE H.V.ASHOK KUMAR, AGED ABOUT 31 YEARS, 1(c) AKHILA, D/O. LATE H.V. ASHOK KUMAR, W/O. RAVINDRA HERUR, AGED ABOUT 29 YEARS, R/O. NEAR YAMAHA SHOWROOM, BASAVESHWARANAGAR, HAVERI-581 110.
1(d) H.A. VEERESH KUMAR, S/O. LATE H.V. ASHOK KUMAR. AGED ABOUT 25 YEARS, LRs: (a), (b) and (d) ARE R/O #1776/81 A/B, 4TH CROSS, BEHIND BATTOLE BUILDING, A-BLOCK, S.S. LAYOUT, DAVANAGERE-577 004.
(AMENDED AS PER ORDER ON I.A.NO.1/2017 PASSED ON 20/02/2019.) (BY SRI R. GOPAL, ADV.,) AND:
1. H.V. PRAKASH, S/O. LATE S.M. VEERABHADRAPPA, AGED ABOUT 47 YEARS, R/O. 1949/55, 2ND MAIN, 2ND CROSS, S.S. LAYOUT, DAVANAGERE-577 001.
2. NIRANJAN, S/O. LATE S.M. VEERABHADRAPPA, AGED ABOUT 45 YEARS, R/O. D.NO.1814/1, 3RD MAIN, 1ST CROSS, VINOBHA NAGAR, DAVANAGERE-577 001.
3. PARVATHI B. HATTIKALU, W/O. BASAVARAJ F. HATTIKALU, AGED ABOUT 56 YEARS, JR. ASSISTANT, O & M DIVISION, BESCOM, HADADI ROAD, DAVANAGERE-577 001.
4. SMT. INDUMATHI, W/O. H.V. ASHOK KUMAR, AGED ABOUT 50 YEARS, R/O #1776/81 A, ... APPELLANTS BEHIND BATTOLE BUILDING, S.S. LAYOUT, ‘B’ BLOCK, DAVANAGERE-577 001.
(BY SRI YOGESH V. KOTEMATH, ADV., ... RESPONDENTS FOR SRI P.H. VIRUPAKSHAIAH, ADV., FOR R2; R1, R3, R4 ARE SERVED.) THIS REGULAR SECOND APPEAL IS FILED UNDER SECTION 100 OF CPC AGAINST THE JUDGMENT AND DECREE DATED 7.1.2012 PASSED IN R.A.NO.76/2010 ON THE FILE OF THE II ADDITIONAL DISTRICT JUDGE, DAVANGERE, PARTLY ALLOWING THE APPEAL FILED AGAINST THE JUDGMENT AND DECREE DATED 28.07.2010 PASSED IN O.S.NO.202/2005 ON THE FILE OF THE III ADDITIONAL SENIOR CIVIL JUDGE DAVANGERE.
IN RSA NO.607 OF 2012 BETWEEN:
H.V. ASHOK KUMAR, S/O. LATE VEERABHADRAPPA, AGED ABOUT 59 YEARS, NOW R/O S.S.LAYOUT A-BLOCK, 4TH CROSS, SHAMANUR ROAD, DAVANAGERE-577 001.
SINCE DEAD BY LRs:
1(a) H.A.INDUMATHI, W/O.LATE H.V.ASHOK KUMAR, AGED ABOUT 53 YEARS, 1(b) H.A.SANTHOSH KUMAR, S/O.LATE H.V.ASHOK KUMAR, AGED ABOUT 31 YEARS, 1(c) AKHILA, D/O.LATE H.V.ASHOK KUMAR, W/O. RAVINDRA HERUR, AGED ABOUT 29 YEARS, R/O. NEAR YAMAHA SHOWROOM, BASAVESHWARANAGAR, HAVERI-581 110 1(d) H.A.VEERESH KUMAR, S/O. LATE H.V.ASHOK KUMAR AGED ABOUT 25 YEARS, LRs: (a), (b) and (d) ARE R/O #1776/81 A/B, 4TH CROSS, BEHIND BATTOLE BUILDING, A-BLOCK, S.S. LAYOUT, DAVANAGERE-577 004.
(AMENDED AS PER ORDER ON I.A.NO.1/2017 PASSED ON 20/2/2019.) (BY SRI R. GOPAL, ADV.,) AND:
NIRANJAN, S/O. LATE S.M.VEERABHADRAPPA, AGED ABOUT 47 YEARS, R/O. # 1814/1, 3RD MAIN, 1ST CROSS, VINOBHANAGAR, DAVANAGERE-577 001.
(BY SRI YOGESH V.KOTEMATH, ADV., FOR SRI P.H. VIRUPAKSHAIAH, ADV.) ... APPELLANTS ... RESPONDENT THIS REGULAR SECOND APPEAL IS FILED UNDER SECTION 100 OF CPC AGAINST THE JUDGMENT AND DECREE DATED 7.1.2012 PASSED IN R.A.NO.77/2010 ON THE FILE OF THE II ADDITIONAL DISTRICT JUDGE, DAVANGERE, ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGMENT AND DECREE DATED 28.07.2010 PASSED IN O.S.NO.286/2007 ON THE FILE OF THE III ADDITIONAL SENIOR CIVIL JUDGE DAVANGERE.
THESE REGULAR SECOND APPEALS COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
J U D G M E N T Learned counsel for respondent No.2 filed a memo for dismissal of the appeals on the ground that both the appellants and respondents have entered into a compromise and the partition of the properties in dispute. In support of his submission, the learned counsel for respondent No.2 has also filed the certified copy of the registered partition deed.
The memo and the aforesaid submission is placed on record.
The learned counsel for the appellants also admits the compromise and the settlement held between the parties and registering of the partition deed.
In view of the settlement between the parties in respect of Item No.2 of the suit schedule property, which is subject matter of these appeals. Hence, the appeals become infructuous.
Accordingly, both the appeals are dismissed as having become infructuous.
Sd/- JUDGE GBB