IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF MARCH, 2019 BEFORE THE HON’BLE MR. JUSTICE SREENIVAS HARISH KUMAR BETWEEN:
MANJUNATH R.F.A.NO.2391 OF 2007 (PAR) S/O. LATE C.M.NAGARAJANNA AGED ABOUT 46 YEARS, R/AT NO.61, I FLOOR, 11TH CROSS, VYALIKAVAL, BANGALORE 560 003 (BY SRI MANIKAPPA PATIL, ADVOCATE) AND:
1. C.N.SURESH BABU S/O. LATE C.M.NAGARAJANNA AGED ABOUT 48 YEARS, R/AT NO.61, 11TH CROSS, VYALIKAVAL, BANGALORE 560 003 2. M.N.VISHWANATH S/O. LATE C.M.NAGARAJANNA AGED ABOUT 51 YEARS, R/AT NO.216, KRISHNA, LOKAGRAMA KALYANI EAST, BOMBAY - 421 303, …APPELLANT 3. SMT. MALATHI D/O. LATE C.M.NAGARAJANNA W/O. Y.C. RAJASHEKAR AGED ABOUT 49 YEARS, R/AT. ANJANEYA STREET, LINK ROAD,BANGALORE-560020.
4. SMT. VASANTHI D/O. LATE C.M. NAGARAJANNA W/O. ASHOK KUMAR AGED ABOUT 40 YEARS, R/AT. KODANDARAMAPURAM MAIN ROAD, BANGALORE 560 003 5. SMT. SHIVAMMA W/O. LATE C.M.NAGARAJANNA AGED ABOUT 70 YEARS, R/AT NO.61, A PORTION OF FIRST FLOOR, 11TH CROSS, VYALIKAVAL, BANGALORE-560 003 6. MAHENDER KUMAR AGED ABOUT 40 YEARS, RESIDING AS TENANT IN A PORTION OF I FLOOR OF NO.61, 11TH CROSS, VYALIKAVAL, BANGALORE- 560 003 7. V.A.SURYANARAYANA SETTY S/O. ADINARAYANA SETTY AGED ABOUT 46 YEARS R/AT KHATA NO.242/211 BHUVANESHWARI CIRCLE, CHIKKABALLAPUR TOWN -560811 ... RESPONDENTS (BY SRI M.R.VIJAYARAGHAVAN, ADV., FOR C/R1; SRI N.P.KALLESH GOWDA, ADV., FOR R2-5, R7) THIS RFA IS FILED UNDER SECTION 96 OF CPC AGAINST THE JUDGMENT AND DECREE DATED 18.7.2007 PASSED IN O.S.NO.3933/1997 ON THE FILE OF THE I ADDL. CITY CIVIL AND SESSIONS JUDGE, BANGALORE (CCH-2), PARTLY DECREEING THE SUIT FOR PARTITION AND SEPARATE POSSESSION OF SUIT SCHEDULE PROPERTIES AND FOR MESNE PROFITS.
THIS APPEAL COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER The appellant counsel has filed a memo stating that the parties have resolved their dispute by entering into a partition deed dated 13.02.2019. The appellant has prayed for dismissing the appeal as not pressed. The memo is placed on record. Appeal is dismissed accordingly.
In view of dismissal of appeal, I.A.No.1/2007 does not survive for consideration and it stands rejected.
Sd/- JUDGE HJ