Allowed

Sri Udiyanda M. Muddaiah v. Sri. M.N. Belliappa

Karnataka HC25 Jan 2024RFA/46/2020

Case brief

AI extract

What is this about?

Appeal against a decree for damages, permanent and mandatory injunction in a property suit. Based on the parties' joint memo of settlement filed in connected criminal appeal, this Court allowed the appeal, set aside the trial court's judgment and decree and dismissed the suit.

What did the court decide?

Judgment and decree dated 11.09.2019 in O.S.No.2904/2009 set aside; suit dismissed; pending applications disposed.

Sri Udiyanda M. Muddaiah Vs Sri. M.N. Belliappa — Property and Title | Karnataka HC (2024)

¶1

1 - NC: 2024:KHC:3479 RFA No. 46 of 2020

¶2

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25^TH DAY OF JANUARY, 2024

¶3

BEFORE

¶4

THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD REGULAR FIRST APPEAL NO. 46 OF 2020 (RES)

¶5

BETWEEN:

¶6

SRI UDIYANDA M. MUDDAIAH S/O LATE MEDAPPA AGED ABOUT 70 YEARS R/AT NO.1264, 13^TH CROSS ROAD VISHWABHARATHI HOUSING COMPLEX 2ND STAGE, GIRINAGAR BANGALORE-560085.

¶7

…APPELLANT

¶8

(BY SMT. VAISHALI HEGDE.,ADVOCATE)

¶9

AND:

¶10

Digitally signed by HEMALATHA A Location: High Court of Karnataka

¶11

SRI. M.N. BELLIAPPA S/O LATE M K NACHAPPA AGED ABOUT 73 YEARS R/AT BADAGARAKERE VILLAGE AND POST SOUTH KODAGU AND ALSO AT ATHMANANDA COLONY R T NAGAR, BANGALORE-560032.

¶12

…RESPONDENT

¶13

(BY SRI. DEVAIAH.I.M., ADVOCATE)

¶14

THIS RFA IS FILED UNDER SECTION 96 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED: 11.09.2019 PASSED IN OS.NO. 2904/2009 ON THE FILE OF THE VIII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU,

¶15

¶16

NC: 2024:KHC:3479 RFA No. 46 of 2020

¶17

DECREEING THE SUIT FOR DAMAGES, PERMANENT AND MANDATORY INJUNCTION.

¶18

THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE COURT DELIVERED THE FOLLOWING:

¶19

JUDGMENT

¶20

Even though the matter is posted for orders, both the parties have submitted that in Crl.A.No.1381/2019, the parties have filed a joint memo stating that they have settled the matter and all disputes stands closed against each other and also stated that this appeal may be allowed by setting aside the judgment and decree passed in O.S.No.2904/2009. They have placed the joint memo filed in Crl.A.No1381/2019 before this Court.

¶21

The submission is placed on record. Perused the joint memo filed in Crl.A.No.1381/2019.

¶22

In view of the above, the appeal is allowed . The judgment and decree dated 11.09.2019 passed by the VIII Additional City civil and Sessions Judge (CCH-15), Bengaluru in O.S.No.2904/2009, is set aside. The suit filed

¶23

by the plaintiff is dismissed.

¶24

¶25

NC: 2024:KHC:3479 RFA No. 46 of 2020

¶26

In view of disposal of the main appeal, all pending applications do not survive for consideration and the same are also disposed of.

¶27

Sd/JUDGE

¶28

¶29

List No.: 1 Sl No.: 28

Sri Udiyanda M. Muddaiah v. Sri. M.N. Belliappa

Case brief

What is this about?

What did the court decide?

Sri Udiyanda M. Muddaiah v. Sri. M.N. Belliappa

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

M/S Madhu Fabs Pvt. Ltd. Vs Sri P Sudheendra Reddy

Sri Javaraiah Vs Sri Seethapathi

M/S Saint Morgan Pharmaceutical Vs Mrs Dipti Daga

Mr M Nagaraju Vs Poornaprajna House Building Co. Operative Society

Sri Sampoorna Vs Sri Shivanna

Sri N H Gangaiah Vs Sri Sanjeevaiah