IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF DECEMBER 2019 BEFORE THE HON’BLE MR.JUSTICE H.P.SANDESH REGULAR FIRST APPEAL NO.1464 OF 2013 (DEC) C/W R.F.A CROB NO.10 OF 2014 (DEC/INJ) IN RFA NO.1464 OF 2013 BETWEEN:
1. NAGESH K S/O LATE P. KAILAS (SINCE DIED ON 16.02.2015. THE APPELLANT NO.2 IS ONLY LEGAL REPRESENTATIVE OF APPELLANT NO.1) 2. SMT. T.J. GEETHA DEVI, W/O NAGESH.K., AGED ABOUT 48 YEARS RESIDING AT NO.1859, B.M. ROAD, HANUMANTHA NAGAR, CHANNAPATNA TOWN 571501 RAMANAGARA DISTRICT 571511.
...APPELLANTS (BY SRI. MUKKANNAPPA.S.B., ADVOCATE) AND:
1. SHIVASHARAN K S/O LATE P. KAILAS, AGED ABOUT 55 YEARS, R/A NO.2680, 2ND CROSS, VIVEKANANDA NAGAR, CHANNAPATNA TOWN-571501.
2. SMT. MAMATHA D/O LATE P. KAILAS, W/O H.S. CHANDRASHEKAR, AGED ABOUT 56 YEARS, R/A BAIRAMANGALA, BIDADI HOBLI, RAMANAGARA TALUK, RAMANAGARA DISTRICT-571511.
…RESPONDENTS (BY SRI. A.S.MAHESH, ADVOCATE FOR R1, SRI. S.RAVI, ADVOCATE FOR R2) THIS REGULAR FIRST APPEAL IS FILED UNDER SECTION 96 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 07.08.2013 PASSED IN O.S.131/2012 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, CHANNAPATNA, DISMISSING THE SUIT FOR DECLARATION AND PERMANENT INJUCTION.
IN RFA CROB.10/2014 BETWEEN:
SRI. K.SHIVASHARAN, S/O LATE P. KAILAS, AGED ABOUT 56 YEARS, RESIDING AT NO.2680, 5TH CROSS, VIVEKANANDA NAGAR, CHANNAPATNA TOWN, RAMANAGARA DISTRICT-571501.
(SRI.MAHESH A.S., ADVOCATE) AND:
1. SRI.NAGESH K S/O LATE P. KAILAS AGED ABOUT 52 YEARS …CROSS OBJECTOR (SINCE DIED ON 16.02.2015. RESPONDENT NO.2 IS TREATED AS LEGAL REPRESENTATIVE OF RESPONDENT NO.1) 2. SMT. T.J. GEETHADEVI, W/O K.NAGESH, AGED ABOUT 48 YEARS BOTH ARE RESIDING AT NO.1859, B.M. ROAD, HANUMANTHANAGAR, CHANNAPATNA TOWN, RAMANAGARA DISTRICT-571501.
3. SMT. MAMATHA D/O LATE P.KAILAS, W/O H.S. CHANDRASHEKAR, AGED ABOUT 55 YEARS, RESIDING AT BAILAVANGALA VILLAGE, BIDADI HOBLI, RAMANAGARA TALUK, RAMANAGARA DISTRICT-571511.
…RESPONDENTS (BY SRI.S.B.MUKKANNAPPA, ADVOCATE FOR R2) THIS CROSS OBJECTION IN RFA NO.1464/2013 FILED U/O 41, RULE-22 OF CPC AGAINST THE JUDGMENT AND DECREE DATED: 07.08.2013 PASSED IN O.S.NO.131/2012 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, CHANNAPATTANA, DISMISSING THE SUIT FOR DECLARATION TITLE AND FOR DECLARATION THAT THE GIFT DEED IS NULL AND PERMANENT INJUNCTION.
RFA AND CROSS OBJECTION ARE COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT Learned counsel appearing for appellant No.2 filed a memo for withdrawal of the appeal. Learned counsel appearing for the cross objector filed a memo for withdrawal of the cross objection stating that the parties have settled the matter outside the Court.
2. On perusal of the records, it is noticed that appellant No.1 is no more and the memo is filed to the effect that appellant No.2 is the only legal heir of appellant No.1.
3. In view of the memos filed by both the counsel for appellant No.2 and counsel for the cross objector, permitted to withdraw the appeal and the cross objection.
Accordingly, the appeal and the cross objection are dismissed as withdrawn.
Office is directed to refund the Court fee in accordance with law.
Sd/- JUDGE GH