High Court dismissed a regular second appeal in partition inheritance suit as withdrawn due to amicable settlement and subsequent sale of property by parties.
Captioned appeal dismissed as withdrawn. All pending applications 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:38518 RSA No. 259 of 2016
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 31ST DAY OF OCTOBER, 2023
BEFORE
THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM
REGULAR SECOND APPEAL NO.259 OF 2016 (PAR)
BETWEEN:
CHOWDAREDDY , SINCE DEAD BY HIS LRS.
Digitally signed by RAMYA D Location: High Court of Karnataka
APPELLANTS 4 AND 5 / LRS 2(D) AND 2(E) ARE R/AT KONGANAHALLI VILLAGE, KAIWARA HOBLI, CHINTAMANI TALUK.
…APPELLANTS
(BY SRI. B. PAPEGOWDA, ADVOCATE FOR A1 TO A5; SRI. K.C.E. MANJUNATH, ADVOCATE FOR A6 AND A7)
AND:
NC: 2023:KHC:38518 RSA No. 259 of 2016
AGED ABOUT 37 YEARS.
RESPONDENTS 1 TO 3 ARE R/O KONGANAHALLI VILLAGE, KAIWARA HOBLI, CHINTAMANI TALUK.
…RESPONDENTS
(BY SRI. B.M. ARUN, ADVOCATE FOR R1 TO R4)
THIS RSA IS FILED UNDER SEC.100 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 26.11.2015 PASSED IN R.A NO.13/2013 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC., CHINTAMANI, ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGMENT AND DECREE DATED 28.11.2012 PASSED IN O.S NO.212/2008 ON THE FILE OF THE ADDL. CIVIL JUDGE AND JMFC., CHINTAMANI.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
Learned counsel for the appellants submit that the
appellants and contesting respondent Nos.1 to 3 have arrived at an amicable settlement and have jointly sold the
Item No.1 in favour of third party under a registered sale deed dated 11.11.2021. Therefore, he submits that the appellants intend to withdraw the appeal as substantial portion of the suit schedule property is already sold by both the parties.
In view of dismissal of second appeal, all pending applications, if any, do not survive for consideration and stands disposed of.
Sd/JUDGE
DR List No.: 1 Sl No.: 4 CT:SNN
1 provisions across 1 enactments
SMT. RATHNAMMA, W/O CHOWDAREDDY
SMT. VENKATALAKSHMAMMA, W/O MANJUNATHA
SMT. HEMAVATHI, W/O JAGADISH
KUM. PAVITHRA, D/O LATE CHOWDAREDDY
SRI. SUDHAKARA, S/O LATE CHOWDAREDDY
SRI. VENKATAREDDY, S/O LATE EARAPPA
SACHIN SHANKAR MAGADUM
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
