IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 01ST DAY OF APRIL, 2019 BEFORE THE HON’BLE MR. JUSTICE SREENIVAS HARISH KUMAR REGULAR FIRST APPEAL No.833 OF 2016 BETWEEN:
1. Sri. Narasanna N., S/o. Late Nanjundappa, Aged about 66 years 2. Sri. M.N.Rajanna, S/o. Late Nanjundappa, Aged about 58 years, 3. Sri. M.N.Krishnappa, S/o. Late Nanundappa, Aged about 54 years, All are residing at No.40, Mallasandra Village, T.Dasarahalli Post, Near Pipeline and Mini BHEL Colony, Bengaluru-560057.
(By Sri. R.Bhadregowda, Advocate - Absent) AND:
1. Sri. Narashimaiah, S/o. Late Muniyappa, Aged about 57 years, R/at. No.42/1, Hesaraghatta Road, T.Dasarahalli Post, Bengaluru-560057.
…Appellants 2. Malleshwaram Tailoring House Building Co-Operative Society Ltd., Bengaluru By its Secretary K.S.Mohammed Fakruddin, No.20, II Main Road, Kodandaramapuram, Bengaluru-560003.
Sri. G.Bylappa Since dead by LRs 3. Hanumakka, W/o. Late Bylappa, Aged about 80 years, Sri. Chandra S/o. Late Bylappa, Since dead by her LRs 4. Mr. Kavya, W/o. Late Chandra, Aged about 46 years, 5. Kumari Pooja, D/o. late Chandra, Aged about 24 years, R3 to R5 are R/at. Site No.10, Gangaraju Building, 10th Cross, T.Dasarahalli Post, Nelamaheswarinagar, Bengaluru-560067.
6. Sri. N.K.Chandre Gowda, S/o. Late Kumara Gowda, Aged about 70 years. No.38, Old, New No.12/2, 6th Main, Nelamaheswaringar, Bengaluru-560022.
7. Sri. T.K.Siddaramaiah, S/o. Thimmappa, Aged about 60 years, Residing of Kurubarahalli, Thuruvekere Taluk, Tumkur District-572129.
8. Smt. Radha W/o. K.T.Siddramaiah, Aged about 52 years, Residing of Kurubarahalli, Thuruvekere Taluk, Tumkur District-572129.
9. Smt. B.Sumitra, W/o. S.Jayaram, Major, No.904, 9th Cross, 2nd Main Road, Divanara Palya, Gokul Extension, Bengaluru-560054.
10. Sri. H.T.Thimmegowda, S/o. Hutchappa, Major, Thimmegowdana Palya, Kadur Hobli, Kulkal Post, Magadi Taluk, Bengaluru Rural District-561101.
11. Smt. A.Mangalamma, W/o. Shivanna, Major, R/o. Byappanahalli Village, Sasalu Hobli, Doddaballapura Taluk, Bengaluru District-561203.
12. Smt. S.H.Yashoda, D/o. N.Hanumanthe Gowda, Aged about 42 years, No.86, 21st Main, 19th Cross, Behind Maruthi Temple, Vijayanagar, Bengaluru-560040.
13. Smt. R.Shobha, D/o. Rajaiah, Major, NO.7, 1st Cross, Saraswathipuram, Nandini Layout, Bengaluru-560096.
14. Sri. K.Devakumar, S/o. Late Kalaiah, Major, No.416, 2nd Floor, 5th Cross, 7th Block, West Jayanagar, Bengaluru-560082.
15. M/s. Kodava Samaja, Peenya Dasarahalli, 1989, Subrutho Mukharji Road, Dasarahalli, Bengaluru-560057.
Subsequently changed to Kodava Cultural Trust (Reg) Represented by its Secretary, Sri. M.C.Ganapathy, M/s. Kodava Cultural Trust (Reg) BHEL Mini Colony, Pipeline, Dasarahalli, Bengaluru-560057.
16. Sri. K.C.Ganapathy, S/o. M.C.Changappa, Major, BHEL Mini Colony, 4th ‘B’ Cross, Pipeline, Dasarahalli, Bengaluru-560057.
(By Sri. S.Nagaraj, Advocate for R1; Sri. S.A.Khadri, Advocate for R9;
... Respondents Sri. M.T.Nanaiah, Advocate for R15 & R16; R7 & R11 - Served) This RFA is filed under Section 96 of CPC against the judgment and decree dated 17.10.2015 passed in O.S.No.508/1998 on the file of the VII Additional City Civil & Sessions Judge, Bengaluru (CCH No.19) dismissing the suit for declaration and permanent injunction.
This RFA coming on for orders this day, the Court made the following:
ORDER The appellants’ counsel is absent today. But he has filed a memo dated 21.03.2019 stating that the appellants want to withdraw the appeal in view of amicable settlement between the parties outside the Court. Memo is placed on record. Appeal is dismissed as withdrawn.
KMV/-
Sd/- JUDGE