The Regular Second Appeal was dismissed as withdrawn upon acceptance of the appellants' memo seeking withdrawal following a joint compromise in a co-pending appeal (No.535 of 2010), without substantive adjudication.
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 21ST DAY OF SEPTEMBER, 2021
BEFORE
THE HON’BLE MR. JUSTICE E.S.INDIRESH
REGULAR SECOND APPEAL No.536 OF 2010
BETWEEN:
W/O. LATE PAPA REDDY
AGED ABOUT 62 YEARS
ALL ARE R/A BANAHALLI VILLAGE ATTIBELE HOBLI ANEKAL TQ - 562 107.
W/O LATE RAMAKRISHNA REDDY SINCE DEAD BY HER LRS
1(d)(i) R. NAVITHA W/O S. HARISH AGED ABOUT 32 YEARS RESIDING AT NO.35 4TH CROSS, 5TH BLOCK KORAMANGALA BENGALURU 560 095
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W/O MOHAN AGED ABOUT 29 YEARS R/A SULIKUNTE VILLAGE VARTHUR HOBLI BENGALURU EAST TQ-560 082
1(e) P. VIJAYA W/O THIMMA REDDY AGED ABOUT 40 YEARS R/A AJAJ SAIT INDUSTRIAL TOWN NAYANDAHALLI POST MYSORE ROAD BENGALURU- 560 039.
1(f) P. KOMALA W/O JAYRAM REDDY AGED ABOUT 36 YEARS R/A KUGUR VILLAGE SARJAPURA HOBLI ANEKAL TQ -562 107.
... APPELLANTS
(BY C.S. PRASANNA KUMAR , ADVOCATE;
AND:
1 . VENKATASWAMY REDDY S/O LATE GUTTAIAH AGED ABOUT 67 YEARS R/A BANAHALLI VILLAGE ATTIBELE HOBLI ANEKAL TQ - 562 107.
S/O LATE GUTTAIAH AGED ABOUT 52 YEARS R/A MARASUR VILLAGE, KASABA HOBLI, ANEKAL TALUK- 562 107
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2(b) KRISHNAMURTHY S/O LATE GUTTAIAH AGED ABOUT 47 YEARS
2(c) PILLA REDDY S/O LATE GUTTAIAH, AGED ABOUT 47 YEARS
BOTH ARE R/A BANAHALLI VILLAGE, ATTIBELE HOBLI, ANEKAL TALUK-562 107
2(d) MOTAMMA W/O LATE NARAYANA REDDY AGED ABOUT 50 YEARS R/A KAMBAIPURA ANEKAL TALUK-562 107
... RESPONDENTS
(BY SRI. G.A. VISHWANATHA REDDY, ADVOCATE FOR R1. R2(a), R2(c) and R2(d) are served)
THIS R.S.A. IS FILED UNDER SECTION 100 OF CPC AGAINST THE JUDGMENT & DECREE DATED 22ND DECEMBER, 2009 PASSED IN REGULAR APPEAL .NO.109 OF 2003 ON THE FILE OF THE PRESIDING OFFICER, FAST TRACK COURT-II, BENGALURU RURAL DISTRICT, BENGALURU ALLOWING THE APPEAL FILED AGAINST THE JUDGMENT AND DECREE DATED 1ST APRIL, 2003 PASSED IN ORIGINAL SUIT NO.381 OF 1992 ON THE FILE OF THE PRINCIPAL CIVIL JUDGE (JR. DN) & JMFC., ANEKAL.
THIS R.S.A. COMING ON FOR REPORTING SETTLEMENT THIS DAY THE COURT, DELIVERED THE FOLLOWING:
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JUDGMENT
Learned counsel for the appellants has filed Memo dated 21.09.2021 stating that in view of the fact that, Regular Second Appeal No. 535 of 2010 wherein the subject matter involved in this appeal are one and the same, is settled in terms of joint compromise made by the parties, he has sought for permission to withdraw the present appeal. Accordingly, Memo dated 21.09.2021 is accepted and the appeal is dismissed as withdrawn in terms of the compromise entered into between the parties in Regular Second Appeal No.535 of 2010.
Sd/JUDGE
ARK
MALLAMMA
P. VENAKATASWAMY REDDY
P. MUNI REDDY
PUTTAMMA
P. VIJAYA
P. KOMALA
E.S.INDIRESH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court