Regular Appeal against a possession decree was withdrawn by the appellant after reaching an out-of-court settlement; Court permitted withdrawal and disposed of related interim applications.
Appeal dismissed as withdrawn; Connected I.A.Nos. 1 and 2 of 2024 disposed of.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: 2024:KHC:44225-DB RFA No. 1795 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 4TH DAY OF NOVEMBER, 2024
PRESENT
THE HON'BLE MR JUSTICE K.SOMASHEKAR
AND
THE HON'BLE MR JUSTICE RAJESH RAI K
REGULAR FIRST APPEAL NO.1795 OF 2024 (POS)
BETWEEN:
SRI. NARAYANAN (SINCE DECEASED BY )LRS
Digitally signed by HARIKRISHNA V Location: HIGH COURT OF KARNATAKA
2(A). SMT. PADMAVATHI D/O NARAYANA AGED ABOUT 30 YEARS R/O DOOR NO.1308, 4TH BLOCK UDBUR VILLAGE,
JAYAPURA HOBLI, MYSURU - 577 0001
2(B). SRI. RAVI D/O NARAYANA AGED ABOUT 37 YEARS R/O DOOR NO.1308, 4TH BLOCK UDBUR VILLAGE JAYAPURA HOBLI, MYSURU - 577 0001.
2(C). SRI. HUCHAIAH S/O NARAYANA AGED ABOUT 38 YEARS R/O DOOR NO.1308, 4TH BLOCK UDBUR VILLAGE JAYAPURA HOBLI, MYSURU - 577 0001.
…APPELLANTS
(BY SRI. SHARATH CHANDRA, ADVOCATE)
AND:
…RESPONDENTS
(BY SRI. SRI. S. KRISHNA, ADVOCATE FOR R1)
THIS RFA IS FILED UNDER SEC.96 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 25.07.2023 PASSED IN OS NO.51/2018 ON THE FILE OF IV ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, MYSURU., DECREEING THE SUIT FOR POSSESSION.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE K.SOMASHEKAR and
HON'BLE MR JUSTICE RAJESH RAI K
NC: 2024:KHC:44225-DB RFA No. 1795 of 2024
ORAL JUDGMENT
(PER: HON'BLE MR JUSTICE K.SOMASHEKAR)
Sri J.Sharath Chandra, learned counsel for the appellant is present before the Court physically.
“The Appellants submits that Appellants and the Respondents have settled the disputes which is subject matter of the above Appeal by way of out of court settlement and in view of the said settlement the Appellants hereby prays that this Hon’ble Court may be pleased to permit the Appellants to
withdrawn the above Appeal and accordingly dispose of the case in the interest of justice.”
permitted to withdraw the appeal as sought for in the memo.
Consequent upon dismissal of the appeal, I.A.Nos.1 and 2
of 2024 shall also stand disposed of.
Sd/(K.SOMASHEKAR) JUDGE
Sd/(RAJESH RAI K) JUDGE
VM
List No.: 2 Sl No.: 11
1 issue framed by the court
Whether the appeal can be allowed to be withdrawn in consideration of an agreed out-of-court settlement?
2 provisions across 1 enactments
SMT. MARANKAMMA AGED ABOUT 71 YEARS W/O VARADANAYAKA LRS AND OTHERS
SRI. B.S MAHADEVA
SRI. HUTCHANAYAKA @ HUTCHAIAHA
SMT. CHOWDAMMA
K. SOMASHEKAR
RAJESH RAI K
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
