IN THE HIGH COURT OF KARNATAKA, BENGALURU DATED THIS THE 27TH DAY OF NOVEMBER , 2019 PRESENT THE HON’BLE MRS. JUSTICE B.V.NAGARATHNA AND THE HON’BLE MS. JUSTICE JYOTI MULIMANI R.F.A. No. 717/2017 (PART/SP) BETWEEN:
1. SMT. SUSHEELAMMA AGED 82 YEARS W/O LATE Y.B. PADMEGOWDA AGRICULTURIST R/O KELAGANE VILLAGE, BASKAL POST CHIKKAMAGALURU TALUK AND DISTRICT PIN CODE – 577 126.
2. SRI. Y.P. KUMARASWAMY AGED 54 YEARS S/O LATE Y.B. PADMEGOWDA, AGRICULTURIST R/O KELAGANE VILLAGE, BASKAL POST CHIKKAMAGALURU TALUK AND DISTRICT PIN CODE – 577 126.
... APPELLANTS (By SRI. SADASHIVAIAH K G., ADVOCATE ) AND 1. SRI Y.P. SUNDARESH AGED 60 YEARS S/O LATE Y.B. PADMEGOWDA AGRICULTURIST R/O YAMASANDI VILLAGE AT POST BELUR TLAUK, HASSAN DISTRICT. PIN CODE – 573 121.
2. SRI. Y.P. DEVARAJU AGED 56 YEARS, S/O LATE Y.B. PADMEGOWDA AGRICULTURIST R/O YAMASANDI VILLAGE AT POST BELUR TALUK, HASSAN DISTRICT AND PRESENTLY R/O J.P. NAGARA OPPOSITE TO KEROSIN BUNK BELUR TALUK, HGASSAN DISTRICT PIN CODE – 573 121.
3. SMT. Y.P. ANASUYA AGED 62 YEARS W/O KRISHNEGOWDA (D/O SMT. SUSHEELAMMA & LATE Y.B. PADMEGOWDA) AGRICULTURIST R/O JALDALU VILALGE AT POST CHIKKAMAGALURU TALUK.
PIN CODE – 577 126.
4. SMT. Y.P. SUMITHRA AGED 58 YEARS W/O MANJUNATHA (D/O SMT. SUSHEELAMMA AND LATE Y.B. PADMEGOWDA) AGRICULTURIST R/O HAVVALI VILLAGE, ALDUR POST CHIKKAMAGALURU TALUK PIN CODE – 577 126.
... RESPONDENTS THIS RFA IS FILED UNDER ORDER XLI RULE 1 R/W SEC.96 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED: 16.12.2016 PASSED IN OS.NO.154/2015 OF THE FILE OF THE I ADDITIONAL SENIOR CIVIL JUDGE CHIKKAMAGALURU, PARTLY DECREEING THE SUIT FOR PARTITION AND SEPARATE POSSESSION.
THIS APPEAL COMING ON FOR ORDERS THIS DAY, NAGARATHNA J., DELIVERED THE FOLLOWING:-
J U D G M E N T Learned counsel for the appellants has filed a memo seeking permission to withdraw this appeal as the dispute between the parties have been settled amicably out of Court. Learned counsel for the appellants also submits that a memo has also been filed to this effect. Hence, permission may be granted to withdraw this appeal.
2. Memo is perused.
3. The appeal is dismissed as withdrawn on account of out of Court settlement arrived at between the parties.
In view of dismissal of the appeal as withdrawn, pending application, if any, also stands dismissed as withdrawn.
Sd/- JUDGE Sd/- JUDGE S*