Regular first appeal filed under Section 96 of CPC against a partial decree for partition. The High Court dismissed the appeal as not pressed following an amicable settlement and withdrawal of the main suit by the respondent.
The appeal is dismissed as not pressed/withdrawn.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 10TH DAY OF JANUARY, 2022
BEFORE
THE HON'BLE MR.JUSTICE P.N.DESAI
RFA No.612 OF 2012
BETWEEN:
[ALL R/AT: OLD No.U-11 NEW NO.2, 3RD CROSS, 6TH BLOCK, PADARAYANAPURA, BANGALORE -560 026 ..APPELLANTS
(BY SRI.G.L.VISHWANATH, SENIOR COUNSEL FOR SRI.V.C.RAJU AND SMT.MANASA, ADVOCATES)
AND:
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R/AT: OLD NO.U-11 NEW NO.2, 3RD CROSS, 6TH BLOCK, PADARAYANAPURA BANGALORE -560 026
RESPONDENT NOS.2 TO 4 R/AT: OLD NO.U-11 NEW NO.2, 3RD CROSS, 6TH BLOCK, PADARAYANAPURA, BANGALORE -560 026
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HOSAHALLI MAIN ROAD, PADARAYANAPURA BANGALORE -560026 ..RESPONDENTS
(BY SRI. MADHUSUDHANA N., FOR SMT. T.R.RAJESHWARI, ADVOCATES FOR R-1, R-2 TO 7 ARE SERVED & UNREPRESENTED)
THIS REGULAR FIRST APPEAL IS FILED UNDER SECTION 96 OF CPC AGAINST THE JUDGMENT AND DECREE DATED 14.10.2011 PASSED IN O.S.NO.2767/1996 ON THE FILE OF THE XLIII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, CCH-14, BANGALORE, PARTLY DECREEING THE SUIT WITH COST AND PARTLY DISMISSING THE SUIT FOR PARTITION AND SEPARATE POSSESSION.
THIS APPEAL COMING ON FOR ORDERS THIS DAY, THROUGH VIDEO CONFERENCING, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
In view of the notification dated 04.01.2022, keeping in view the rising number of cases of Omicron Variant (COVID-19), the hybrid hearing in the Principal Bench at Bengaluru is suspended for the present, and all hearings before the Principal Bench at Bengaluru shall be through Virtual mode with effect from 05.01.2022. Accordingly, all the parties are present through video conferencing.
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appellants - 1 to 3 are also present through VC from his Chambers and appellant No.4 is aged and because of illhealth she has not appeared and learned counsel for appellants represents her. Respondent No.1 - P.L.Nagarathna is also present along with them and she is identified by her counsel Sri. Madhusudhana N., appearing on behalf of Smt. T.R.Rajeshwari through VC in the Chambers of Sri. G.L.Vishwanath, learned Senior Counsel.
appellants are defendants - 1 to 3 & 10 and respondents - 1 is the plaintiff and they have settled the matter amicably. Therefore, the parties are not interested in continuing the appeal. Learned counsel submitted that respondent No.1 who was the plaintiff before the court has filed a memo on 07.01.2022 to dismiss and withdraw the suit filed in O.S.No.2757/1996.
of the memo filed by respondent No.1, the appellants
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are not pressing this appeal and it may be dismissed as not pressed. Learned counsel also stated that he will file memo to this effect in the registry today itself and prays to dismiss the appeal as not pressed.
served are unrepresented.
JOINT MEMO
"1. The disputes between the Parties namely 1st Respondent/Plaintiff and Appellants/Defendants No.1 to 3 are settled amicably. Hence the Respondent No.1 has filed Memo dated 07.01.2022 before this Hon'ble Court to dismiss and withdraw the suit O.S.No.2767/1996 and to set aside the Judgment and Decree.
2. This Hon'ble Court having accepted the Memo for Dismissal of Suit filed by Respondent No.1, the present appeal does not survive for consideration
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and accordingly the Appeal may be dismissed as having become infructuous.
Wherefore it is prayed that after recording the Memo dated 07.01.2022 filed by the Respondent No.1, the Appeal may be dismissed in the interest of Justice."
The parties to bear their own costs.
In view of the disposal of main appeal, I.A.1/2017
does not survive for consideration and it stands disposed of.
Sd/JUDGE
SBN/HJ
L.Jayaram S/o. P.Lakshmaiah Shetty
L.Prakash S/o. P.Lakshmaiah Shetty
L.Damodar S/o. P.Lakshmaiah Shetty
Ankamma D/o. P.Lakshmaiah Shetty
P.L.Nagarathna W/o. K.Varadaraj
Shanthamma D/o. P.Lakshmaiah Shetty
P. N. Desai
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
