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Dr K T Venkatesh Vs Smt Basamma — Succession and Inheritance | Karnataka HC (2022)

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Karnataka HC
2022
Dr K T Venkatesh Vs Smt BasammaDr K T Venkatesh v. Smt Basamma

Disposed

Dr K T Venkatesh v. Smt Basamma

Karnataka HC5 Sept 2022RSA/963/2021

Case brief

AI extract

What is this about?

Appeal was withdrawn after settlement. Execution proceedings indicate full satisfaction of decree. Appeal disposed of on merits.

What did the court decide?

Withdrawal of appeal allowed; Appellant entitled to seek refund.

What the court decided

AI extract

A

1

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5^TH DAY OF SEPTEMBER, 2022

BEFORE

THE HON’BLE MR. JUSTICE SACHIN SHANKAR MAGADUM

R.S.A.NO.963 OF 2021 (MON)

BETWEEN:

DR. K.T. VENKATESH S/O THIMMAPPA AGED ABOUT 49 YEARS R/AT PUNYAKSHETHRA AYURVEDIC HOSPITAL LAKSHMEESHA NAGARA KADUR TOWN, CHIKKAMAGALURU DISTRICT PIN CODE - 577548

SMT. G R MAMATHA W/O DR K T VENKATESH AGED ABOUT 45 YEARS R/AT LAKSHMEESHA NAGARA KADUR TOWN, CHIKKAMAGALURU DISTRICT PIN CODE - 577548

...APPELLANTS

(BY SRI.CHANDAN.K, ADVOCATE FOR SRI. AMIT DESHPANDE, ADVOCATE)

AND:

SMT. BASAMMA W/O LATE RUDRAPPA AGED ABOUT 65 YEARS

Parties & counsel

AI extract

appellant
DR. K.T. VENKATESH
appellant
SMT. G R MAMATHA
respondent
SMT. BASAMMA

Coram

AI extract

Case details

As recorded by the court registry

Court: Karnataka HC
Decided on: 5 Sept 2022 · September
Registered: 2 Dec 2021
Case no.: RSA/963/2021

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Cite this judgement

Dr K T Venkatesh v. Smt Basamma, RSA/963/2021 (KA), decided on 5 September 2022.

The High Court of Karnataka publishes no neutral citation for this judgement — cite it by case number and date of decision.

Bench / Coram

SACHIN SHANKAR MAGADUM

Parties & counsel

Outcome

Withdrawal of appeal allowed; Appellant entitled to seek refund.

Detailed headnote1 paragraphs

Appeal in civil matter dismissed on withdrawal following amicable settlement. Execution proceedings confirm full satisfaction of decree. Appellant entitled to seek refund.

A compact analysis

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.

2

SMT. YAMUNA D/O LATE RUDRAPPA W/O GURUMURTHY AGED ABOUT 45 YEARS

SMT. SOUMYA D/O LATE RUDRAPPA W/O RAVIKUMAR AGED ABOUT 38 YEARS

SMT. RASHMI D/O LATE RUDRAPPA W/O PRADEEP AGED ABOUT 36 YEARS

ALL R/O CHIKKAPATTANAGERE VILLAGE PATTANAGERE POST, KASABA HOBLI, KADURU TALUK, CHIKKAMAGALURU DISTRICT PIN CODE - 577548

SMT. SHIVAGANGA, W/O MALLIKARJUNA D/O LATE RUDRAPPA AGED ABOUT 47 YEARS CHANNAPURA VILLAGE, KASABA HOBLI, KADURU TALUK, CHIKKAMAGALURU DISTRICT PIN CODE - 577548

SMT. ANITHA W/O ESHWARAPPA D/O LATE RUDRAPPA AGED ABOUT 43 YEARS R/O KALLAHALLI VILLAGE ARASIKERE TALUK, HASSAN DISTRICT PINCODE - 573103.

SMT. SUMA W/O VIJAYAKUMAR D/O LATE RUDRAPPA

3

AGED ABOUT 41 YEARS NIDAGHATTA VILLAGE SAKHARAYAPATTANA HOBLI, KADURU TALUK CHIKKAMAGALURU DISTRICT PIN CODE - 577548

...RESPONDENTS

(R1, 2, 5-7 ARE SERVED & UNREPRESENTED)

THIS RSA IS FILED UNDER SEC.100 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 02.01.2021 PASSED IN RA.NO.6/2018 ON THE FILE OF THE SENIOR CIVIL JUDGE, KADUR, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 15.12.2017 PASSED IN OS.NO.480/2012 ON THE FILE OF THE II ADDITIONAL CIVIL JUDGE AND JMFC, KADUR.

THIS APPEAL COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:

JUDGMENT

Learned counsel for the appellants submits that the matter is amicably settled out of Court and therefore, he has instructions to withdraw the appeal. A memo is filed to that effect indicating settlement. Along with the memo, a copy of execution proceedings in Execution Petition No.22/2021 is also placed on record which clearly indicates that execution proceedings is closed as fully satisfied.

4

Memo along with requisite documents annexed thereto

are taken on record.

This regular second appeal is disposed of in terms of memo. The appellant is entitled to seek refund in accordance

with law.

Sd/JUDGE

CA

SACHIN SHANKAR MAGADUM

CNR

KAHC010377902021

Topic

Succession and Inheritance

Bench

Sachin Shankar Magadum

Disposal

DISMISSED

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6 Sept 2022

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6 Sept 2022