In a revision application against a partition decree, the High Court dismissed the appeal as withdrawn based on a filed memorandum and affidavit of settlement by the appellant.
Appeal dismissed as withdrawn.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 4TH DAY OF OCTOBER, 2021
BEFORE
THE HON'BLE MR. JUSTICE H.P. SANDESH
R.F.A.NO.442/2012 (PAR)
BETWEEN:
SMT. USHA R. RAI W/O B.RAJASHEKAR RAI AGED ABOUT 53 YEARS R/AT URMALA HOUSE CHIKKAMUDNUR POST AND VILLAGE PUTTUR TALUK, D.K.DISTRICT PIN – 574 201. … APPELLANT [BY SRI G.RAVISHANKAR SHASTRY, ADVOCATE]
AND:
2 . SMT. PAVAN S. SHETTY W/O. SURESH S SHETTY D/O. LATE T. NARAYANA ALVA AGED ABOUT 49 YEARS R/AT ASSAI HOUSE DOOR NO. 1-95/2 ASSAIGOLI POST MANGALURU TALUK D.K. DISTRICT-574 199.
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RESPONDENT Nos.1 AND 2 ARE REPRESENTED BY THEIR GPA HOLDER PRAKASH KUMAR ALVA – RESPONDENT No.3
3 . PRAKASH KUMAR ALVA S/O LATE T. NARAYANA ALVA AGED ABOUT 47 YEARS R/AT ASSAI HOUSE DOOR NO.1-95/2 ASSAIGOLI POST MANGALURU TALUK. D.K.DISTRICT-574 199.
SADASHIVA ALVA SINCE DECEASED BY LRS.,
S/O. SADASHIVA T. ALVA AGED ABOUT 52 YEARS R/AT KENYA VILLAGE AND POST SULLIA TALUK, D.K. PIN - 574 234.
6 . SMT. ASHA D. SHETTY W/O. DEVIPRASAD SHETTY AGED ABOUT 50 YEARS R/AT MANGALA NAGAR URUMANE HOUSE MANJANADY VILLAGE ASSAIGOLI POST, MANGALURU D.K DISTRICT-574 199.
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14 . SMT. SUGUNA K ALVA W/O LATE T. KRISHNA ALVA AGED ABOUT 71 YEARS R/AT SWAGATH HOUSE ASSAIGOLI POST MANJANADY VILLAGE MANGALURU TALUK D.K DISTRICT-574 199.
SINCE DECEASED BY LRs., RESPONDENT NOS.17 AND 18 ARE ALREADY ON RECORD
(AMENDED VIDE COURT ORDER DATED 05.06.2017)
T. SURESH ALVA, SINCE DECEASED
15 . KUM.SHIVANI
D/O LATE SURESH T ALVA AGED ABOUT 25 YEARS R/AT SWAGATH HOUSE ASSAIGOLI POST MNJANADY VILLAGE MANGALURU TALUK D.K.-574 199.
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16 . MASTER SHARAVU ALVA
S/O LATE SURESH T. ALVA AGED ABOUT 15 YEARS SINCE MINOR REPRESENTED BY NEXT FRIEND AND SISTER KUM.SHIVANI AGED 25 YEARS R/AT SWAGATH HOUSE ASSAIGOLI POST, MANJANADY VILLAGE MANGALURU TALUK, D.K.-574 199.
17 . T. DINESH ALVA S/O LATE KRISHNA ALVA AGED ABOUT 47 YEARS R/AT SWAGATH HOUSE ASSAIGOLI POST, MANJANADY VILLAGE MANGALURU TALUK, D.K.-574 199.
SINCE DECEASED BY LEGAL REPRESENTATIVE
17(a) GEETHA D. ALVA W/O T.DINESH ALVA AGED ABOUT 40 YEARS R/AT SWAGATH HOUSE ASSAIGOLI POST MANJANADY VILLAGE MAGALURU TALUK, D.K.-574 199.
(AMENDED VIDE COURT ORDER DATED 07.01.2021)
18 . T. SATISH ALVA S/O LATE KRISHNA ALVA AGED ABOUT 45 YEARS R/AT SWAGATH HOUSE ASSAIGOLI POST MANJANADY VILALGE MANGALURU TALUK D.K.-574 199. … RESPONDENTS
[BY SRI SANATHKUMAR SHETTY, ADVOCATE FOR R15, R17(a) & R18; R16 MINOR, REPRESENTED BY R15;
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R1 TO R13 – SERVED UNREPRESENTED; R14 DECEASED-R17 & R18 ARE THE LRs OF R14 VIDE COURT ORDER DATED 05.06.2017]
THIS R.F.A. IS FILED UNDER SECTION 96 OF CPC AGAINST THE JUDGMENT AND DECREE DATED 30.11.2011 PASSED IN O.S.NO.44/2006 ON THE FILE OF PRL. SENIOR CIVIL JUDGE AND CJM, MANGALURU, DECREEING THE SUIT FOR PARTITITON.
THIS R.F.A. COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:
J U D G M E N T
The learned counsel for the appellant has filed a memo for withdrawal of the appeal along with an affidavit stating that the matter has been settled amicably. The said memo is signed by the appellant and also the learned counsel for the appellant.
withdrawn.
Sd/JUDGE
cp*
Usha R. Rai
Smt. Sukahalatha N. Alva
Smt. Pavan S. Shetty
Prakash Kumar Alva
H.P. Sandesh
As recorded by the court registry
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