IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF OCTOBER, 2017 BEFORE THE HON'BLE MR. JUSTICE B. SREENIVASE GOWDA REGULAR SECOND APPEAL NO. 2322 OF 2011 BETWEEN:
1. T L VIJAYKUMAR AGED 53 YEARS 2. T L MOHAN KUMAR AGED 44 YEARS 3. T L ASHOK KUMAR AGED 42 YEARS 4. T L SURESH BABU AGED 41 YEARS 5. JAYALAKSHMAMMA AGED 76 YEARS W/O LATE T G LINGAPPA APPELLANTS NOS.1 TO 4 ARE SONS OF LATE T.G. LINGAPPA, ALL THE APPELLANTS ARE RESIDENTS OF CHICKPET, TUMKUR 572101 (BY SRI. PRAMOD, ADVOCATE) …APPELLANTS AND:
1. KALYANAPPA G. SINCE DEAD BY LRS (a) CHIKKAMMA SINCE DEAD BY LRS (b) K. KRISHNAMURTHY AGED 70 YEARS, (c) CHANNABASAMMA AGED 68 YEARS (d) NEELAMMA AGED 64 YEARS (e) SOUBHAGYAMMA AGED 59 YEARS (f) NIRANJANAMURTHY AGED 54 YEARS (g) GIRIJAMMA AGED 52 YEARS (h) GOWRAMMA AGED 49 YEARS RESPONDENT NOS. 1 (b) to 1(f) are LRs of 1(a) 1(b) to 1(h) ARE RESIDING AT OBALAPURA, KORA HOBLI, TUMKUR TALUK – 572 101.
2. C. CHANNABASAVAIAH SINCE DEAD BY LRS (a) CHANNAVEERAMMA, WIFE, AGED ABOUT 70 YEARS, (b) PUTTABASAVEGOWDA, SON AGED 50 YEARS (c) RUDREGOWDA, SON (d) SREENIVASAMURTHY, SON (e) SAKAMMA, W/O SURESH DAUGHTER AGED 30 YEARS RESPONDENT NOS. 2 (a) to 2 (e) ARE RESIDENTS OF OBALAPURA, KORA HOBLI, TUMKUR TALUK – 572 101 3. UGRAMURTHY, S/O CHANNEGOWDA, AGED ABOUT 75 YEARS, R/O OBALAPURA, KORA HOBLI, TUMKUR TALUK – 572 101 4. CHIKKABASAVAIAH SINCE DEAD BY LRS a) GANGADHARAIAH S/O LATE CHIKKABASAVAIAH AGED ABOUT 64 YEARS R/O OBALAPURA, KORA HOBLI, TUMKUR TALUK – 572 101 5. LAKAHMIKANTHAIAH SINCE DEAD BY LRS (a) LAKSHMINARASAMMA W/O LATE LAKSHMI KANTAHAH, MAJOR, (b) GANGAMMA AGED 42 YEARS W/O LATE LAKSHMIKANTHAIAH (c) VISHALAKSHAMMA AGED 39 YEARS D/O LATE LAKSHMIKANTHAIAH (d) PATEL CHANNEGOWDA S/O LATE LAKSHMIKANTHAIAH ALL ARE RESIDING AT OBALAPURA, KORA HOBLI, TUMKUR TALUK – 572 101.
6. T.L. KRISHNA, S/O. LATE T.G. LINGAPPA R/O CHICKPET TUMKUR TALUK – 572 101 …RESPONDENTS (BY SRI. T.V. LOKANATHA, ADVOCATE FOR R1 (b to h) R2 (a, b, c & d,) R1 (b to f) ARE LRs OF DECEASED R1 (a) V/O DATED 30.05.2012 APPEAL AGAINST R2 IS ABATED. R4 (a), R5 (b, c AND d) AND R6 ARE SERVED) THIS RSA IS FILED UNDER SECTION 100 OF C.P.C., AGAINST THE JUDGMENT AND DECREE DATED 03.08.2011 PASSED IN R.A.NO.209/2006 (OLD R.A.NO.101/2002) ON THE FILE OF THE I ADDL. DISTRICT JUDGE, TUMKUR, ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGMENT AND DECREE DATED: 29.07.2002 PASSED IN O.S.NO.85/1986 ON THE FILE OF THE PRL. CIVIL JUDGE (JR.DN) & JMFC., TUMKUR.
THIS RSA IS COMING ON FOR ORDER, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT A memo dated 06.09.2017, signed by the learned counsel appearing for the appellants, is filed praying permission of this Court to withdraw the appeal as the appellants have settled the matter by entering into compromise in Execution case No.30/2017 on the file of the Principal Civil Judge and JMFC, Tumkur and the above appeal does not survive for consideration.
Memo is taken on record.
Accordingly appeal is dismissed as does not survive for consideration for the reasons stated in the memo.
SD/- JUDGE akv/-