The High Court of Karnataka dismissed the Regular Second Appeal as withdrawn following the parties entering into a compromise agreement amicable resolution.
The Regular Second Appeal is dismissed as withdrawn.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 12TH DAY OF AUGUST, 2021
BEFORE
THE HON’BLE MR. JUSTICE E.S.INDIRESH
R.S.A. No. 518/2014
BETWEEN:
SMT GEETHA GIRIYAPPA BANGERA SINCE DEAD BY LRS
2 . CHETHAN GIRIAPPA BANGERA AGED ABOUT 51 YEARS, S/O GIRIAPPA POOVA BANGERA
3 . NITHIN GIRIAPPA BANGERA AGED ABOUT 49 YEARS, S/O GIRIAPPA POOVA BANGERA
4 . PRAVEEN GIRIAPPA BANGERA AGED ABOUT 45 YEARS, S/O GIRIAPPA POOVA BANGERA
ALL ARE R/A NO.1/B64, RUSTOMJEE RESIDENCY, J.S.ROAD, DAHISAR WEST, MUMBAI-400068.
SMT. VINODA SINCE DEAD BY LRS
2
NATWAR NAGAR, ROAD NO.5, JOGESHWARI (E), MUMBAI-400060.
6 . MS SAVITHA RAJEEVA D/O VINODA RAJEEVA KOTIAN, AGED ABOUT 64 YEARS, R/A 5-7-644, LAKANNA POOJARYS COMPOUND, NEXT TO PVS KALAKUNJA, KODAILBAIL, MANGALORE-575003.
7 . SMT. PRERANA ANIL PARKAR W/O ANIL PARKAR, AGED ABOUT 58 YEAR, R/AT NO.B-25, "SWAGAT" OFF MARKALI CAVES ROAD, ANDHERI (E), MUMBAI.
... APPELLANTS
(By SRI A MADHUSUDAN RAO, ADVOCATE)
AND:
1 . SMT VIMALA RAMACHANDRA W/O LATE K.RAMACHANDRA, AGED ABOUT 79 YEARS,
2 . SMT. SONYA DEEPIKA W/O MANOJ, AGED ABOUT 52 YEARS,
3 . SMT. SHAHEEN SUVARNA W/O SUDESH SUVARNA, AGED ABOUT 60 YEARS,
4 . SMT KOKILA SOOTHANU W/O MOHAN, AGED ABOUT 58 YEARS,
R1 TO 4 ALL R/A CHIRAG, VALANCIA, GORIGUDDA, MANGALORE-575002.
5 . SMT. SUSHEELA W/O LATE THIMMAPPA,
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AGED ABOUT 88 YEARS, R/A SULTHAN BATHERI, BOLOOR, MANGALORE-575001.
6 . SMT. SARALA D/O LATE DURGA, AGED ABOUT 80 YEARS, R/A LAKKANNA POOJARY COMPOUND, NEAR PVS KALAKUNJA HALL, MANGALORE-575003.
7 . SMT. NEELA KIRAN W/O HEMA KUMAR, AGED ABOUT 54 YEARS,
8 . SMT. VANDITHA D/O LATE HEMA KUMAR, AGED ABOUT 33 YEARS,
9 . MS ISHITHA D/O LATE HEMA KUMAR, AGED ABOUT 26 YEARS,
R-7 TO 9 ALL R/A NO.128, 3RD BLOCK, EAST, 4TH MAIN, NEAR TEJASWINI GIRLS HIGH SCHOOL, JAYANAGAR, BANGALORE-560011.
10 . SRI VINEET KUMAR S/O LATE DURGA, AGED ABOUT 61 YEARS, R/AT 4TH FLOOR, ARIHANTH APARTMENT, PINTOS LANE, MANGALORE-575 001.
11 . SMT. SAGUNA KARKERA W/O LATE RAGHAVA, AGED ABOUT 75 YEARS,
12 . SRI SUSHEEL S/O LATE RAHAVA,
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AGED ABOUT 54 YEARS,
R11 AND 12 ARE R/AT NO.30, MANOHAR MAHAL, MOGHAL LANE, NEAR TENDULAR HALL, MAHI, MUMBAI-400016.
13 . SMT. RENUKA HARISH KUMAR D/O LATE RAHAVA, AGED ABOUT 58 YEARS, R/AT NO.33, CITADEL BLOCK 154, RDP 7, SECTOR-3, CHORKOP, KANDIVILLI WEST, MUMBAI-400067.
14 . SMT. NIRUPAMA LOKNATH POOJARY D/O LATE RAHAVA, AGED ABOUT 56 YEARS, R/AT SHRIDHAR APARTMENTS, FLAT NO.4, MITHANAGAR ROAD, MULUND EAST, MUMBAI-400081.
15 . SMT. SUKSHIMA DHEERAJ HEJAMADI D/O LATE RAGHAVA, AGED ABOUT 51 YEARS, R/AT GOKUL, KALPANA ROAD, KANKANADY, MANGALORE-575002.
16 . SMT. MANGALA SANJEEVA W/O LATE K.SANJEEVA, AGED ABOUT 82 YEARS,
17 . SRI RATHAN S/O LATE K.SANJEEVA, AGED ABOUT 58 YEARS,
R16 AND 17 ARE R/AT NO.563, CHARISHMA, 3RD BLOCK, 6TH A MAIN, KORAMANGALA, BANGALORE-560034.
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18 . SRI TANVEER S/O LATE K.SANJEEVA, AGED ABOUT 56 YEARS, R/AT NO.2, SHEETHAL, BAIRASANDRA LAYOUT, 1ST BLOCK, JAYANAGAR EAST, BANGALORE-560011.
19 . SMT. INDIRA D/O LATE LAKKANNA, AGED ABOUT 81 YEARS, R/AT LAKKANNA POOJARY COMPOUND, NEAR PVS KALAKUNJA, KODIALBAIL, MANGALORE-575003. SMT.MANORANJINI NAGENDRA SINCE DEAD BY LRS 20. SMT. PRAFULLA KANTHI S/O LATE K.SHEKAR, DAUGHTER-IN-LAW OF LATE LAKKANNA, AGED ABOUT 70 YEARS,
21 . SRI ROHITH S/O LATE K.SHEKAR, AGED ABOUT 48 YEARS, 22 . SRI RANJITH S/O LATE K.SHEKAR, AGED ABOUT 46 YEARS,
R20 TO 22 ARE ALL R/A RATHNA DEEP NO.3, KRISHNA COLONY, NEAR SWATHI SOCIETY, NAVJEEVA, AHMEDABAD, GUJARAT-380014.
... RESPONDENTS
(BY SRI ARUNA SHYAM M, ADVOCATE FOR R1 TO 4, R11 TO 18 AND R20 TO 22; VIDE ORDER DATED 3.08.2016 R3 AND 4; R6 TO 10 & R19 ARE SERVED)
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THIS R.S.A. IS FILED U/S. 100 OF CPC AGAINST THE JUDGMENT & DECREE DATED 08.11.2013 PASSED IN R.A.NO.64/2009 ON THE FILE OF THE II ADDITIONAL DISTRICT JUDGE, D.K., MANGALORE, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 16.04.2009 PASSED IN O.S.NO.4/2008 ON THE FILE OF THE II ADDITIONAL CIVIL JUDGE (SR.DN), MANGALORE.
THIS R.S.A. COMING ON FOR ORDERS THIS DAY, THE COURT, MADE THE FOLLOWING:
O R D E R
Learned counsel for the appellants has filed a memo dated 26.07.2021 stating that parties have settled the dispute amicably by entering into a compromise agreement dated 05.05.2021 and
he seeks leave of this court to withdraw the appeal.
Memo is placed on record.
Accordingly, the Regular Second Appeal is dismissed as
withdrawn.
Sd/JUDGE
SB
GEETHA GIRIYAPPA BANGERA
GIRIAPPA POOVA BANGERA
VINODA
VIMALA RAMACHANDRA
SONYA DEEPIKA
E.S.INDIRESH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
