IN THE HIGH COURT OF KARNATAKA AT BENGALURU ON THE 31ST DAY OF JANUARY 2019 BEFORE THE HON’BLE MR. JUSTICE RAVI MALIMATH AND THE HON’BLE MR. JUSTICE B.M.SHYAM PRASAD MISCELLANEOUS FIRST APPEAL NO.7057 OF 2017 BETWEEN :
SRI G. SUNIL KUMAR, SON OF GANDUDI GOVINDAPPA AGED ABOUT 38 YEARS R/AT SREE VENUGOPALASWAMY TEMPLE STREET PAVAGADA TOWN TUMAKURU DISTRICT–572 116 ... APPELLANT (BY SRI G.S.VENKAT SUBBARAO, ADVOCATE) AND :
1. B.S.CHAKRAVARTHY SON OF LATE BALAKRISHNA AGED ABOUT 43 YEARS R/AT WELLINGTON PRESIDENCY LAYOUT, SINGASANDRA BENGALURU – 560 068 2. B. SUJATHA DAUGHTER OF LATE BALAKRISHNA WIFE OF SREENIVAS AGED ABOUT 41 YEARS R/AT NO.16, MATRU SREE NILAYA C.E.S SCHOOL ROAD NANJUNDAPPA LAYOUT JERGENAHALLI J.P. NAGAR 6TH PHASE BENGALURU – 560 078 3. B.S.MAHESH CHAKRAVARTHY SON OF LATE BALAKRISHNA AGED ABOUT 36 YEARS R/AT NO.62, 2ND MAIN WELLINGTON PRESIDENCY LAYOUT SINGASANDRA BENGALURU – 560 068 4. T.R.SHANTHAMMA WIFE OF LATE B. RAJASHEKAR AGED ABOUT 40 YEARS 5. DEVIKA SREE DAUGHTER OF LATE B.RAJASHEKAR AGED ABOUT 12 YEARS 6. JEEVAN SON OF LATE B.RAJASHEKAR AGED ABOUT 10 YEARS RESPONDENT NOS.5 AND 6 ARE MINORS REPRESENTED BY MOTHER NATURAL GUARDIAN RESPONDENT NO.4-T.R. SHANTHAMMA WIFE OF LATE B. RAJASHEKAR RESPONDENT NOS.4 TO 6 ARE R/AT OLD SSK CHOULTRY ROAD PAVAGADA TOWN, PAVAGADA TUMAKURU DISTRICT–572 116 7. SHAFIULLA KHAN SON OF ABDUL RAJAQ KHAN AGED ABOUT 63 YEARS R/AT SIRA ROAD PAVAGADA TOWN TUMAKURU DISTRICT–572 116 8. AKTHAR PARVEEN WIFE OF SHAFIULLA KHAN AGED ABOUT 55 YEARS R/AT SIRA ROAD PAVAGADA TOWN TUMAKURU DISTRICT–572 116 9. B.M.SHAFI SON OF LATE ADEM SAB AGED ABOUT 43 YEARS 10. SMT. REHAMATHUNNISA DAUGHTER OF B.M.SHAFI AGED ABOUT 38 YEARS 11. B.M.SARDAR SON OF LATE ADEM SAB AGED ABOUT 44 YEARS 12. SMT. SHAMINA BANU WIFE OF B.M.SARDAR AGED ABOUT 36 YEARS RESPONDENT NOS.9 TO 12 ARE RESIDING NEAR ALANKAR CINEMA THEATRE PAVAGADA TOWN TUMAKURU DISTRICT–572 116 …RESPONDENTS (BY SRI SHEKARA FOR SRI. HARISH H.V., ADVOCATES FOR R9 TO R12;
R1 TO R4, R7 & R8 ARE SERVED; R5 & R6 ARE MINORS) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 299 OF THE INDIAN SUCCESSION ACT PRAYING TO SET ASIDE THE JUDGMENT AND ORDER DATED 28.04.2017 PASSED BY THE COURT OF IV ADDITIONAL DISTRICT & SESSIONS JUDGE, MADHUGIRI IN P&SC.NO.5002/2016.
***** THIS APPEAL COMING ON FOR FURTHER ORDERS, THIS DAY, RAVI MALIMATH J., DELIVERED THE FOLLOWING:
JUDGMENT The learned counsel for appellant submits that based on the instructions received from the party, the matter is settled.
The submission of the learned counsel for the appellant is placed on record.
The appeal is accordingly disposed off.
SD/- SD/-
JUDGE JUDGE LB