IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF OCTOBER 2017 BEFORE THE HON’BLE MR.JUSTICE SREENIVAS HARISH KUMAR R.S.A.NO.24 OF 2011 C/W R.S.A.NO.23 OF 2011 C/W R.S.A.NO.367 OF 2011 R.S.A.NO.24 OF 2011 BETWEEN:
SRI SEETHARAMA ADAPA AGED ABOUT 54 YEARS S/O LATE RAMANNA ADAPA R/O GANESH NILAYA VIVEKNAGAR, PANJIMOGARU MANGALORE – 575 014 … APPELLANT (BY SRI SANATH KUMAR SHETTY.K, ADVOCATE) AND:
1. SMT.GIRIJA ADAPA W/O LATE RAMANNA ADAPA AGED ABOUT 74 YEARS 2. SMT.SUMATHI D/O LATE RAMANNA ADAPA W/O SADANANDA SHETTY AGED ABOUT 47 YEARS 3. SRI UMESH ADAPA S/O LATE RAMANNA ADAPA AGED ABOUT 43 YEARS ALL ARE R/AT PAKKALADKA BAJAl VILLAGE MANGALORE – 575 007. .. RESPONDENTS (BY SRI SANGAMESH B, ADVOCATE FOR R3; R1 AND R2 ARE SERVED) THIS RSA FILED UNDER SECTION 100 ORDER XLII RULE 1 OF CPC AGAINST THE JUDGMENT AND DECREE DATED 02.08.2010 PASSED IN R.A.NO.99/2008 ON THE FILE OF THE I ADDITIONAL DISTRICT JUDE, D.K., MANGALORE, PARTLY ALLOWING THE APPEAL AND MODIFYING THE JUDGMENT AND DECREE DATED 11.07.2008 PASSED IN OS NO.71/2006 ON THE FILE OF THE II ND ADDITIONAL CIVIL JUDGE (SR.DN.), MANGALORE , D.K.
R.S.A.NO.23 OF 2011 BETWEEN:
SRI SEETHARAMA ADAPA AGED ABOUT 54 YEARS S/O LATE RAMANNA ADAPA R/O GANESH NILAYA VIVEKNAGAR, PANJIMOGARU MANGALORE – 575 014 … APPELLANT (BY SRI SANATH KUMAR SHETTY.K, ADVOCATE) AND:
1. SMT.GIRIJA ADAPA W/O LATE RAMANNA ADAPA AGED ABOUT 74 YEARS 2. SMT.SUMATHI D/O LATE RAMANNA ADAPA W/O SADANANDA SHETTY AGED ABOUT 47 YEARS 3. SRI UMESH ADAPA S/O LATE RAMANNA ADAPA AGED ABOUT 43 YEARS ALL ARE R/AT PAKKALADKA BAJAl VILLAGE MANGALORE – 575 007. .. RESPONDENTS (BY SRI SANGAMESH B, ADVOCATE FOR R3; R1 AND R2 ARE SERVED) THIS RSA FILED UNDER SECTION 100 ORDER XLII RULE 1 OF CPC AGAINST THE JUDGMENT AND DECREE DATED 02.08.2010 PASSED IN R.A.NO.99/2008 ON THE FILE OF THE I ADDITIONAL DISTRICT JUDE, D.K., MANGALORE, PARTLY ALLOWING THE APPEAL AND MODIFYING THE JUDGMENT AND DECREE DATED 11.07.2008 PASSED IN OS NO.71/2006 ON THE FILE OF THE II ND ADDITIONAL CIVIL JUDGE (SR.DN.), MANGALORE , D.K.
R.S.A.NO.367 OF 2011 1. SMT.GIRIJA ADAPA W/O LATE RAMANNA ADAPA AGED 75 YEARS 2. SMT.SUMATHI D/O LATE RAMANNA ADAPA W/O SADANANDA SHETTY AGED 50 YEARS BOTH R/AT PAKALADKA BAJAL VILLAGE MANGALORE – 07 … APPELLANTS (BY SRI CYRIL PRASAD PAIS, ADVOCATE) AND:
1. SEETHARAMA ADAPA AGED ABOUT 55 YEARS S/O LATE RAMANNA ADAPA R/AT SRI GANESH NILAYA VIVEK NAGAR, PANJIMOGARU P.O., MANGALORE – 1 2. UMESH ADAPA S/O LATE RAMANNA ADAPA AGED ABOUT 45 YEARS R/AT BAJAL, PAKKALADKA MANGALORE – 07. … RESPONDENTS (BY SRI SANATH KUMAR SHETTY K, ADVOCATE FOR R1; R2-SERVED) THIS RSA IS FILED UNDER SECTION 100 OF CPC AGAINST THE JUDGEMENT AND DECREE DATED:02.08.2010 PASSED IN RA NO.99/2008 ON THE FILE OF THE I ADDITIONAL DISTRICT JUDGE, D.K., MANGALORE, PARTLY ALLOWING THE APPEAL AND MODIFYING THE JUDGMENT AND DECREE DATED:11.07.2008 PASSED IN OS NO.71/2006 ON THE FILE OF THE II ND ADDL. CIVIL JUDGE (SR.DN), MANGALORE, D.K.
THESE RSAs ARE COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:
ORDER In RSA 24/2011, the appellant’s Counsel is absent and the respondents’ Counsel is present. The appellant’s Counsel has filed a memo stating that the matter is settled between the parties out of court and therefore, this appeal is withdrawn. For this reason, this appeal is dismissed as withdrawn.
3. In RSA 23/2011, a Memo is filed by the appellant’s Counsel stating that the matter is settled between the parties and therefore the appeal is withdrawn. Therefore, this appeal is dismissed as withdrawn.
4. In RSA 367/2011, the appellants’ Counsel has filed a memo stating that the dispute as between the parties is settled amicably and therefore, this appeal is not pressed. For this reason, this appeal is also dismissed as withdrawn.
Sd/- JUDGE nv