Regular first appeal against a partition judgment was dismissed due to a settlement out of court filed by the appellant's counsel. Subsidiary incidental applications were also disposed of.
The appeal is dismissed. All pending incidental applications are also disposed of.
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.
NC: 2023:KHC:19745 RFA No. 361 of 2008
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 9TH DAY OF JUNE, 2023
BEFORE
THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD REGULAR FIRST APPEAL NO. 361 OF 2008 (PAR)
BETWEEN:
DEEPAK R RAJANI S/O RAMACHANDRA RAJANI AGED ABOUT 48 YEARS R/AT NO.301, 'NEELAKANTH APARTMENT' NO.8, ANDREE ROAD, SHANTHINAGAR BANGALORE-560 027.
…APPELLANT
(BY SRI. S SHAKER SHETTY., ADVOCATE AND SRI ANIL KUMAR SHETTY, ADVOCATE)
Digitally signed by DHANALAKSHMI MURTHY Location: High Court of Karnataka
AND:
W/O LAE K.B. PAMPAPATHI MAJOR R/AT NO.17/1, 4TH CROSSS HANKARAPURAM BANGALORE-560 004.
…RESPONDENTS
(NOTICE TO R1, R2 AND R3(a) IS H/S V/O DTD.30.10.2012)
THIS RFA IS FILED U/S 96 OF CPC AGAINST THE JUDGEMENT AND DECREE DATED 20.12.2007 PASSED IN OS.NO.9049/1996 ON THE FILE OF THE XVII ADDL.CITY CIVIL JUDGE, BANGALORE CITY, CCH-16, PARTLY DECREEING THE SUIT FOR PARTITION.
THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
Learned counsel for the appellant submits that the
parties have settled the matter out of Court. Hence, he submits that the appeal may be dismissed.
Submission of learned counsel for the appellant is
taken on record.
Accordingly, the above appeal is dismissed .
NC: 2023:KHC:19745 RFA No. 361 of 2008
In view of the disposal of the main appeal, all
pending I.As. do not survive for consideration. Hence, the
same are also disposed of.
Sd/JUDGE
HA
List No.: 1 Sl No.: 51
1 provisions across 1 enactments
DEEPAK R RAJANI
K P JAYAMAHADEV SUBRAMANYAM
K P KARTHIK
SRI K B PAMPAPATHI SINCE DEAD
H.T. NARENDRA PRASAD
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
