The High Court of Karnataka dismissed the regular first appeal as not pressed. The appellant counsel filed a memo stating the matter was settled out of court, leading to the withdrawal. The appeal stood dismissed accordingly.
The appeal stood dismissed as not pressed after the appellant filed a memo seeking withdrawal citing settlement out of court.
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.
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 4TH DAY OF FEBRUARY, 2021
BEFORE
THE HON’BLE Dr. JUSTICE H.B.PRABHAKARA SASTRY
REGULAR FIRST APPEAL No.619 OF 2018
BETWEEN:
1 . SMT. V RATHNAMMA AGED ABOUT 48 YEARS, W/O C LAKSHMINARAYANA RESIDING AT NO.25 4TH CROSS, MALLESHWARAM BENGALURU-560 003
2 . SRI C LAKSHMINARAYAN AGED ABOUT 53 YEARS, S/O K N CHANNEGOWDA RESIDING AT NO.25 4TH CROSS, MALLESHWARAM BENGALURU-560 003.
...APPELLANTS
(BY SRI. PRASAD B.S., ADVOCATE)
AND:
1 . SMT. DODDA AKKAYAMMA AGED ABOUT 53 YEARS, W/O DODDAMUNIYAPPA RESIDING AT KANNAMANGALA VILLAGE KASABA HOBLI, DEVANALLI TALUK
RFA 619/2018
2
BENGALURU RURAL DISTRICT REPRESENTED BY THEIR POWER OF ATTORNEY HOLDER SRI CHIKKANARASIMHAIAH 2 . SMT CHIKKA AKAYAMMA AGED ABOUT 46 YEARS, D/O DODDAMUNIYAPPA RESIDING AT KANNAMANGALA VILLAGE KASABA HOBLI, DEVANALLI TALUK BENGALURU RURAL DISTRICT REPRESENTED BY THEIR POWER OF ATTORNEY HOLDER SRI CHIKKANARASIMHAIAH 3 . SMT MUNIYAMMA AGED ABOUT 44 YEARS, D/O DODDAMUNIYAPPA RESIDING AT KANNAMANGALA VILLAGE KASABA HOBLI, DEVANALLI TALUK BENGALURU RURAL DISTRICT REPRESENTED BY THEIR POWER OF ATTORNEY HOLDER SRI CHIKKANARASIMHAIAH
4 . SMT CHANDRAMMA AGED ABOUT 36 YEARS, D/O DODDAMUNIYAPPA RESIDING AT KANNAMANGALA VILLAGE KASABA HOBLI, DEVANALLI TALUK BENGALURU RURAL DISTRICT REPRESENTED BY THEIR POWER OF ATTORNEY HOLDER SRI CHIKKANARASIMHAIAH 5 . KUM SHYLA AGED ABOUT 16 YEARS, W/O LATE NARASIMHAIAH RESIDING AT KANNAMANGALA VILLAGE KASABA HOBLI, DEVANALLI TALUK BENGALURU RURAL DISTRICT MINOR REPRESENTED BY HER MOTHER AND NATURAL
3
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GUARDIAN SMT CHANDRAMMA REPRESENTED BY THEIR POWER OF ATTORNEY HOLDER SRI CHIKKANARASIMHAIAH
6 . SMT MUNIYAMMA AGED ABOUT 60 YEARS, W/O LATE CHIKKA APPAYAPPA RESIDING AT KANNAMANGALA VILLAGE KASABA HOBLI, DEVANALLI TALUK BENGALURU RURAL DISTRICT REPRESENTED BY THEIR POWER OF ATTORNEY HOLDER SRI CHIKKANARASIMHAIAH
7 . SMT VENKATALAKSHMAMMA AGED ABOUT 33 YEARS, RESIDING AT KANNAMANGALA VILLAGE KASABA HOBLI, DEVANALLI TALUK BENGALURU RURAL DISTRICT REPRESENTED BY THEIR POWER OF ATTORNEY HOLDER SRI CHIKKANARASIMHAIAH
8 . MASTER NAYAN KUMAR AGED ABOUT 5 YEARS, RESIDING AT KANNAMANGALA VILLAGE KASABA HOBLI, DEVANALLI TALUK BENGALURU RURAL DISTRICT
MINOR REP BY THEIR MOTHER SMT VENKATALAKSHMAMMA REPRESENTED BY THEIR POWER OF ATTORNEY HOLDER SRI CHIKKANARASIMHAIAH
9 . BABY MEGHA ALIAS SIRISHA AGED ABOUT 3 YEARS, RESIDING AT KANNAMANGALA VILLAGE KASABA HOBLI, DEVANALLI TALUK BENGALURU RURAL DISTRICT
MINOR REP BY THEIR MOTHER SMT VENKATALAKSHMAMMA REPRESENTED BY THEIR POWER OF ATTORNEY HOLDER SRI CHIKKANARASIMHAIAH
4
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10 . SMT AKKAYAMMA AGED ABOUT 39 YEARS, D/O CHIKKAPPAIAH RESIDING AT KANNAMANGALA VILLAGE KASABA HOBLI, DEVANALLI TALUK BENGALURU RURAL DISTRICT REPRESENTED BY THEIR POWER OF ATTORNEY HOLDER SRI CHIKKANARASIMHAIAH
11 . SRI K C NARASIMHAMURTHY AGED ABOUT 31 YEARS, S/O CHIKKAPPAIAH RESIDING AT KANNAMANGALA VILLAGE KASABA HOBLI, DEVANALLI TALUK BENGALURU RURAL DISTRICT REPRESENTED BY THEIR POWER OF ATTORNEY HOLDER SRI CHIKKANARASIMHAIAH
12 . SMT MANJULA AGED ABOUT 29 YEARS, W/O K C NARASIMHAMURTHY RESIDING AT KANNAMANGALA VILLAGE KASABA HOBLI, DEVANALLI TALUK BENGALURU RURAL DISTRICT REPRESENTED BY THEIR POWER OF ATTORNEY HOLDER SRI CHIKKANARASIMHAIAH
13 . SRI PAPAIAH ALIAS PAPAYAPPA AGED ABOUT 72 YEARS, S/O LATE A K POOJAPPA RESIDING AT KANNAMANGALA VILLAGE KASABA HOBLI, DEVANALLI TALUK BENGALURU RURAL DISTRICT REPRESENTED BY THEIR POWER OF ATTORNEY HOLDER SRI CHIKKANARASIMHAIAH
14 . SRI H RAMANJINAPPA AGED ABOUT 32 YEARS, S/O LATE HANUMANTHAPPA RESIDING AT KANNAMANGALA VILLAGE KASABA HOBLI, DEVANALLI TALUK
5
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BENGALURU RURAL DISTRICT REPRESENTED BY THEIR POWER OF ATTORNEY HOLDER SRI CHIKKANARASIMHAIAH
15 . MASTER PUNEETH KUMAR AGED ABOUT 8 YEARS RESIDING AT KANNAMANGALA VILLAGE KASABA HOBLI, DEVANALLI TALUK BENGALURU RURAL DISTRICT
MINOR REPRESENTED BY THEIR FATHER AS NATURAL GUARDIAN REPRESENTED BY THEIR POWER OF ATTORNEY HOLDER SRI CHIKKANARASIMHAIAH
16 . BABY LAVANYA AGED ABOUT 5 YEARS RESIDING AT KANNAMANGALA VILLAGE KASABA HOBLI, DEVANALLI TALUK BENGALURU RURAL DISTRICT
MINOR REPRESENTED BY THEIR FATHER AS NATURAL GUARDIAN REPRESENTED BY THEIR POWER OF ATTORNEY HOLDER SRI CHIKKANARASIMHAIAH
17 . SMT SUNANADAMMA AGED ABOUT 28 YEARS, W/O H RAMANJINAPPA RESIDING AT KANNAMANGALA VILLAGE KASABA HOBLI, DEVANALLI TALUK BENGALURU RURAL DISTRICT REPRESENTED BY THEIR POWER OF ATTORNEY HOLDER SRI CHIKKANARASIMHAIAH
18 . SMT MANJAMMA AGED ABOUT 26 YEARS, W/O H MUNI ANJINAPPA RESIDING AT KANNAMANGALA VILLAGE KASABA HOBLI, DEVANALLI TALUK BENGALURU RURAL DISTRICT
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REPRESENTED BY THEIR POWER OF ATTORNEY HOLDER SRI CHIKKANARASIMHAIAH
19 . H KRISHNA NANJAPPA AGED ABOUT 27 YEARS, S/O LATE HANUMANTHAPPA RESIDING AT KANNAMANGALA VILLAGE KASABA HOBLI, DEVANALLI TALUK BENGALURU RURAL DISTRICT REPRESENTED BY THEIR POWER OF ATTORNEY HOLDER SRI CHIKKANARASIMHAIAH
20 . SRI VENKATARAMANAPPA AGED ABOUT 54 YEARS, S/O LATE A K POOJAPPA RESIDING AT KANNAMANGALA VILLAGE KASABA HOBLI, DEVANALLI TALUK BENGALURU RURAL DISTRICT REPRESENTED BY THEIR POWER OF ATTORNEY HOLDER SRI CHIKKANARASIMHAIAH
21 . SMT DURGAMMA AGED ABOUT 39 YEARS, D/O VENKATARAMANAPPA RESIDING AT KANNAMANGALA VILLAGE KASABA HOBLI, DEVANALLI TALUK BENGALURU RURAL DISTRICT REPRESENTED BY THEIR POWER OF ATTORNEY HOLDER SRI CHIKKANARASIMHAIAH
22 . SRI V POOJAPPA AGED ABOUT 38 YEARS, S/O VENKATARAMANAPPA RESIDING AT KANNAMANGALA VILLAGE KASABA HOBLI, DEVANALLI TALUK BENGALURU RURAL DISTRICT REPRESENTED BY THEIR POWER OF ATTORNEY HOLDER SRI CHIKKANARASIMHAIAH
23 . MASTER K P KISHAN AGED ABOUT 13 YEARS, S/O V POOJAPPA
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RESIDING AT KANNAMANGALA VILLAGE KASABA HOBLI, DEVANALLI TALUK BENGALURU RURAL DISTRICT
MINOR REPRESENTED BY FATHER AS NATURAL GUARDIAN REPRESENTED BY THEIR POWER OF ATTORNEY HOLDER SRI CHIKKANARASIMHAIAH
24 . MASTER K P YESUVAN AGED ABOUT 12 YEARS, S/O V POOJAPPA RESIDING AT KANNAMANGALA VILLAGE KASABA HOBLI, DEVANALLI TALUK BENGALURU RURAL DISTRICT
MINOR REPRESENTED BY FATHER AS NATURAL GUARDIAN REPRESENTED BY THEIR POWER OF ATTORNEY HOLDER SRI CHIKKANARASIMHAIAH
25 . BABY K P BLORY PRECILLA AGED ABOUT 7 YEARS, S/O V POOJAPPA RESIDING AT KANNAMANGALA VILLAGE KASABA HOBLI, DEVANALLI TALUK BENGALURU RURAL DISTRICT
MINOR REPRESENTED BY FATHER AS NATURAL GUARDIAN REPRESENTED BY THEIR POWER OF ATTORNEY HOLDER SRI CHIKKANARASIMHAIAH
26 . SMT B N MANJULA AGED ABOUT 35 YEARS, W/O V POOJAPPA RESIDING AT KANNAMANGALA VILLAGE KASABA HOBLI, DEVANALLI TALUK BENGALURU RURAL DISTRICT REPRESENTED BY THEIR POWER OF ATTORNEY HOLDER SRI CHIKKANARASIMHAIAH
8
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27 . V NARASIMHAIAH AGED ABOUT 34 YEARS, S/O VENKATARAMANAPPA RESIDING AT KANNAMANGALA VILLAGE KASABA HOBLI, DEVANALLI TALUK BENGALURU RURAL DISTRICT REPRESENTED BY THEIR POWER OF ATTORNEY HOLDER SRI CHIKKANARASIMHAIAH
28 . MASTER K N VIJAY AGED ABOUT 16 YEARS, RESIDING AT KANNAMANGALA VILLAGE KASABA HOBLI, DEVANALLI TALUK BENGALURU RURAL DISTRICT
MINOR REPRESENTED BY THEIR FATHER AS NATURAL GUARDIAN REPRESENTED BY THEIR POWER OF ATTORNEY HOLDER SRI CHIKKANARASIMHAIAH
29 . BABY K N VYSHALI AGED ABOUT 14 YEARS, RESIDING AT KANNAMANGALA VILLAGE KASABA HOBLI, DEVANALLI TALUK BENGALURU RURAL DISTRICT
MINOR REPRESENTED BY THEIR FATHER AS NATURAL GUARDIAN REPRESENTED BY THEIR POWER OF ATTORNEY HOLDER SRI CHIKKANARASIMHAIAH
30 . SMT RATHNAMMA AGED ABOUT 31 YEARS, W/O V NARASIMHAIAH RESIDING AT KANNAMANGALA VILLAGE KASABA HOBLI, DEVANALLI TALUK BENGALURU RURAL DISTRICT REPRESENTED BY THEIR POWER OF ATTORNEY HOLDER SRI CHIKKANARASIMHAIAH
9
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31 . MASTER K A VISHWAS AGED ABOUT 3 YEARS, S/O SMT RATHNAMMA RESIDING AT KANNAMANGALA VILLAGE KASABA HOBLI, DEVANALLI TALUK BENGALURU RURAL DISTRICT MINOR REPRESENTED BY THEIR FATHER AS NATURAL GUARDIAN REPRESENTED BY THEIR POWER OF ATTORNEY HOLDER SRI CHIKKANARASIMHAIAH 32 . MASTER K A WILLIAMS AGED ABOUT 2 YEARS, S/O SMT RATHNAMMA RESIDING AT KANNAMANGALA VILLAGE KASABA HOBLI, DEVANALLI TALUK BENGALURU RURAL DISTRICT MINOR REPRESENTED BY THEIR FATHER AS NATURAL GUARDIAN REPRESENTED BY THEIR POWER OF ATTORNEY HOLDER SRI CHIKKANARASIMHAIAH 33 . SMT NANJAMMA AGED ABOUT 29 YEARS, W/O V ANJI RESIDING AT KANNAMANGALA VILLAGE KASABA HOBLI, DEVANALLI TALUK BENGALURU RURAL DISTRICT REPRESENTED BY THEIR POWER OF ATTORNEY HOLDER SRI CHIKKANARASIMHAIAH 34 . SRI CHIKKANARASIMHAIAH AGED ABOUT 48 YEARS S/O LATE CHIKKA APPAIAH RESIDING AT KANNAMANGALA VILLAGE KASABA HOBLI, DEVANALLI TALUK BENGALURU RURAL DISTRICT
...RESPONDENTS
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10
THIS REGULAR FIRST APPEAL IS FILED UNDER SECTION 96(1) OF CPC PRAYING TO SET ASIDE THE JUDGMENT AND DECREE DATED 04.01.2018, PASSED IN O.S.NO.1012/2008, BY THE SENIOR CIVIL JUDGE AND JMFC, DEVENAHALLI, DECREEING THE SUIT FOR DECLARATION AND INJUNCTION.
THIS REGULAR FIRST APPEAL COMING ON FOR ORDERS THROUGH VIDEO CONFERENCING / PHYSICAL HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Learned counsel for the appellants who is physically
present, complied office objection at Serial No.2 regarding acceptance of vakalat.
Learned counsel for the appellants has filed a memo seeking withdrawal of this appeal as not pressed as the matter is settled out of Court.
In view of the memo and supporting submission, the appeal stands dismissed as not pressed.
Sd/-
JUDGE
sac*
1 issue framed by the court
Whether the regular first appeal is maintainable or settled out of court and not pressed.
1 provisions across 1 enactments
SMT. V RATHNAMMA
SRI C LAKSHMINARAYAN
SMT. DODDA AKKAYAMMA
BENGALURU RURAL DISTRICT
H.B.PRABHAKARA SASTRY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
