A Regular Second Appeal filed against judgments in a partition suit was dismissed as settled out of court upon the appellant filing a memo praying for withdrawal based on a family settlement deed executed on 30.08.2018.
The appeal was dismissed as settled out of court based on a family settlement deed dated 30.08.2018.
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NC: 2023:KHC:20303 RSA No. 718 of 2010
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 13TH DAY OF JUNE, 2023
BEFORE
THE HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR REGULAR SECOND APPEAL NO. 718 OF 2010 (DEC/INJ)
BETWEEN:
…APPELLANTS
(BY SRI. RAGHU-A-1, PARTY-IN-PERSON – ABSENT SRI. G A VISHWANATHA REDDY, ADVOCATE FOR A-2 (V/O DTD. 3.2.2020 APPEAL IS DISMISSED AS WITHDRAWN AGAINST A-2)
AND:
Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA
SRI N C SOMASEKHARA REDDY S/O LATE CHOWDA REDDY R/A NERALUR VILLAGE, ATTIBELE HOBLI ANEKAL TALUK, BANGALORE DISTRICT – 562 107.
…RESPONDENT
(V/O/DTD 26/08/11, NOTICE TO RESPONDENT H/S)
THIS RSA IS FILED UNDER SEC.100 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 6.2.2010 PASSED IN R.A.No.254/2006 ON THE FILE OF THE CIVIL JUDGE (SR.DN.), JMFC, ANEKAL. DISMISSING THE APPEAL & CONFIRMING THE JUDGMENT AND DECREE DATED:1.7.2006 PASSED IN
NC: 2023:KHC:20303 RSA No. 718 of 2010
O.S.NO.67/2004 ON THE FILE OF THE ADDITIONAL CIVIL JUDGE (JR.DN) & JMFC, ANEKAL.
THIS APPEAL COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
appearing for appellant No.2 has filed a memo dated 02.12.2019. The said memo reads thus;
“MEMO FOR WITHDRAWAL
The Appellant submits that the above appeal filed against the judgment and decree dated 1.7.2006 in O.S.No.67/2004 passed by the Additional Civil judge, junior division and JMFC Anekal and also the judgment dated 6.2.2010 in R.A.No.254/2006 passed by the Civil Judge Senior division and JMFC Anekal, confirming the judgment and decree passed by the Trial Court in O.S.No.67/2004.
During the pendency of the above appeal, the appellants and the respondent’s children have arrived at a settlement that at the time of partition of the family properties between 3 branches under the Panchayathi Palupatti boundaries pertaining to the
NC: 2023:KHC:20303 RSA No. 718 of 2010
shares of Narayana Reddy and Somashekara Reddy in respect of old Sy.No.72 and New Sy.No.72/1 was wrongly written in the said document. In that regard the appellant and the respondent have entered into a written deed of family settlement signed by the parties as well as witnesses dated 30.08.2018.
In view of the settlement arrived at between the parties, the appellant above named prays that this Hon’ble court be pleased to permit him to withdraw the above appeal as settled out of court, in the interest of justice and equity.”
NC: 2023:KHC:20303 RSA No. 718 of 2010
order.
Sd/-
JUDGE
GH List No.: 1 Sl No.: 7
2 issues framed by the court
Whether the appeal before this court should be allowed to be withdrawn given a family settlement executed between the parties.
Whether the appellant in person has the liberty to seek recall of the order dismissing the appeal as settled.
SRI RAGHU
SRI RAMESH REDDY
SRI N C SOMASEKHARA REDDY
SHIVASHANKAR AMARANNAVAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
