Regular First Appeal and Cross Objection withdrawn by mutual settlement between parties; appeal and cross objection dismissed as withdrawn.
Withdrawal of appeal and cross objecton permitted; both dismissed.
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: 2024:KHC:42703 RFA No. 144 of 2008 C/W RFA.CROB No. 5 of 2009
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 23RD DAY OF OCTOBER, 2024
BEFORE
THE HON'BLE MR JUSTICE H.P.SANDESH
REGULAR FIRST APPEAL NO.144 OF 2008 (SP) C/W
RFA CROSS OBJECTION NO.5 OF 2009 (SP)
IN RFA NO. 144/2008
BETWEEN:
M GOPALAPPA
SINCE DECEASED BY LRS
2. G MOHANRAJ
Digitally signed by DEVIKA M Location: HIGH COURT OF KARNATAKA
AGED 44 YEARS
S/O LATE M GOPALAPPA
1 & 2 BOTH R/AT NO.153, SULTHANPET MAIN ROAD
BANGALORE-560053
3. G NAGARAJ
AGED 48 YEARS S/O LATE M GOPLALAPPA R/AT NO.166, SULTHANPET MAIN ROAD BANGALORE – 560 053
NC: 2024:KHC:42703 RFA No. 144 of 2008 C/W RFA.CROB No. 5 of 2009
…APPELLANTS
(BY SRI B N ANANTHA NARAYANA, ADVOCATE FOR A1(1 & 2); A1(3), A1(4), A3(1), A3(2), A3(3) ARE SERVED)
AND:
B K LAKSHMINARASIMHAIAH AGED 69 YEARS S/O LATE B.R. KRISHNAPPA R/O NO.21 MUNIRAMANNA LANE COTTONPET, BANGALORE-560053
…RESPONDENT
(BY SRI A Y N GUPTA, ADVOCATE)
THIS RFA IS FILED U/S.96 OF CPC AGAINST THE JUDGMENT AND DECREE DT.05.11.2007 PASSED IN O.S.NO.8520/1996 ON THE FILE OF THE V ADDL. CITY CIVIL JUDGE, BANGALORE AND ETC.
NC: 2024:KHC:42703 RFA No. 144 of 2008 C/W RFA.CROB No. 5 of 2009
IN RFA.CROB NO.5/2009
BETWEEN:
B K LAKSHMINARASIMHAIAH AGED ABOUT 70 YEARS S/O LATE B R KRISHNAPPA R/O NO 21, MUNIRAMANNA GALLI COTTONPET, BANGALORE 53
...APPELLANT
(BY SRI A Y N GUPTA, ADVOCATE) AND:
M GOPALAPPA
SINCE DECEASED BY LRS
A. SMT. VENKATALAKSHMAMMA AGED 60 YEARS W/O LATE M GOPALAPPA R/AT NO.153, SULTHAN PET MAIN ROAD AKKIPET CIRCLE BANGALORE-53
B. SRI G NAGARAJ AGED 45 YEARS S/O LATE M GOPLALAPPA R/AT NO.167, SULTHANPET MAIN ROAD AKKIPET CIRCLE BANGALORE – 560 053
C. SMT. G PRABHA AGED 43 YEARS D/O LATE M GOPALAPPA R/AT NO.26, M R LANE, MANAVARTHPET NEAR GANESHA TEMPLE AKKIPETE BANGALORE – 560 053
NC: 2024:KHC:42703 RFA No. 144 of 2008 C/W RFA.CROB No. 5 of 2009
D. SRI G MANJUNATH @ MOHANRAJ AGED 41 YEARS S/O LATE M GOPALAPPA R/AT NO.153, SULTHANPET AKKIPET CIRCLE BANGALORE-560053
...RESPONDENTS
(BY SRI B N ANANTHA NARAYANA, ADVOCATE FOR R1(A&D);
R1(B) AND R1(C) ARE SERVED AND UNREPRESENTED)
THIS RFA.CROB IS FILED U/O 41 R 22 OF CPC PRAYING TO SET ASIDE THE FINDING OF THE TRIAL COURT ON ISSUE NO.7 AND BE PLEASED TO HOLD THAT THE DEFENDANT IS NOT LIABLE TO PAY RS.50,000/ALONG WITH INTEREST AND ETC.
THIS R.F.A. AND RFA CROB, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE H.P.SANDESH
ORAL ORDER
The learned counsel appearing for the respective parties in both the matters have filed a separate memos seeking permission of this Court to withdraw the appeal and cross objection on the ground that the matter is settled between the parties and hence, the matter may be dismissed as settled out of Court. In view of the said memos, the learned counsel appearing for the respective parties in both the matters are permitted to withdraw their respective cases. Accordingly, the appeal and cross objection are dismissed as withdrawn.
Sd/(H.P.SANDESH) JUDGE
SN
VENKATALAKSHMAMMA & ORS
LAKSHMINARASIMHAIAH
H.P. SANSDESH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
