IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF MARCH 2019 PRESENT THE HON’BLE MRS.JUSTICE B.V.NAGARATHNA AND THE HON’BLE MR.JUSTICE H.T.NARENDRA PRASAD RFA NO.1765/2017(PAR) BETWEEN:
1. SRI D CHANDRAKANTH AGED ABOUT 50 YEARS S/O LATE. N DEVADAS R/A NO.132, K KAMRAJ ROAD BANGALORE-560042.
2. SMT SHAILAJA AGED ABOUT 41 YEARS W/O SRI D CHANDRAKANTH R/A NO.132, K KAMRAJ ROAD BANGALORE-560042.
... APPELLANTS (BY SRI. SHANKAR H. S., ADV.) AND 1. SMT N PADMAVATHI AGED ABOUT 61 YEARS W/O SRI S NATARAJAN R/A NO.6/1 LITTLE FLOWER SCHOOL CROSS R S PALYA, BANGALORE-560033 2. SMT. R. RAJESHWARI AGED ABOUT 50 YEARS W/O V.T. RAMAMURTHY R/A NO.6/1, LITTLE FLOWER SCHOOL CROSS R.S. PALYA, BANGALORE 560042.
3. SRI.R. JAYARAMAN AGED ABOUT 47 YEARS S/O LATE. M. RAMASWAMY R/AT FLAT NO.101, 1ST FLOOR SUDARSHAN ENCLAVE, GOVINDAPPA ROAD R.S. PALYA,BANGALORE 560033.
4. SRI R GOVINDARAJ AGED ABOUT 45 YEARS S/O LATE. RAMASWAMY R/AT NO.16, RAGHAVAPPA ROAD JAI BHARATHI NAGAR, M.S.NAGAR POST BANGALORE-560033.
5. SRI R RAMU AGED ABOUT 42 YEARS S/O LATE. M.RAMASWAMY R/AT NO.575, VEERABHADRAPPA ROAD AYYAPPA STREET, R.S.PALYA BANGALORE-560033.
6. SMT DHANALAKSHMI AGED ABOUT 51 YEARS W/O SRI PADMANABHAN R/AT NO.11/1,CLASSPET B STREET KAMARAJ ROAD,BANGALORE-560 042 7. SMT RENUKA AGED ABOUT 53 YEARS W/O LATE. SRI R NATARAJ R/AT NO.1026/2,1ST FLOOR 3RD CROSS, PERIYA THAMBI STREET INDIRANAGAR, MYSORE-570 010.
8. SMT KAVITHA AGED ABOUT 30 YEARS W/O SRI RAJESH AND DAUGHTER OF LATE. SRI R NATARAJ R/AT NO.785, 11TH CROSS OIL MILL ROAD, AYYAPPA TEMPLE STREET KAMMANAHALLI, BANGALORE-560 084.
9. SRI.SANTHOSH AGED ABOUT 28 YEARS S/O LATE. SRI.R.NATARAJ R/AT NO.1026/2, 1ST FLOOR 3RD CROSS, PERIYA THAMBI STREET INDIRANAGAR MYSORE-570 010.
10. SMT.MEENA KUMARI AGED ABOUT 43 YEARS W/O LATE SRI.R.ANNAMALAI R/AT NO.72/1, OIL MILL ROAD KAMMANAHALLI BANGALORE-560 084.
11. SMT.ANUSHA AGED ABOUT 21 YEARS D/O LATE. SRI.ANNAMALAI R/AT NO.72/1, OIL MILL ROAD KAMMANAHALLI BANGALORE-560 084.
... RESPONDENTS THIS RFA ISFILED U/S. 96 R/W ORDER 43 RULE 1 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED:
13.7.17 PASSED IN OS NO. 467/2013 ON THE FILE OF THE X ADDL. CITY CIVIL AND SESSIONS JUDGE, BENGALURU, PARTLY DECREEING THE SUIT FOR DECLARATION AND PARTITION.
THIS RFA COMING ON FOR ORDERS THIS DAY, NAGARATHNA J., DELIVERED THE FOLLOWING:
JUDGMENT Learned counsel for the appellants submits that the dispute between the parties has been settled in O.S.No.467/2013 after the said suit was restored on the file of the trial Court pursuant to the order passed in Misc.Pet.No.645/2017 and therefore, this appeal does not survive for further consideration and hence, the same may be dismissed as having become infructuous.
2. Memo is perused and the same is taken on record.
3. The appeal is dismissed as having become infructuous on the account of settlement arrived at between the parties in O.S.No.467/2013 after the same was restored on the file of the trial Court.
4. In view of settlement of dispute between the parties, office to refund 75% of the amount of Court fee paid on the appeal in favour of appellant No.2 forthwith after due identification.
Sd/- JUDGE Sd/- JUDGE DM/-