Second appeals arising from a partition suit decree reversed on first appeal were dismissed as not pressed after the appellant filed a memo stating the matter was settled out of court and confirming the memo in person.
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.
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 15TH DAY OF MARCH, 2024
BEFORE
THE HON'BLE MR JUSTICE M.G.S. KAMAL REGULAR SECOND APPEAL NO. 2399 OF 2018 (PAR)
C/W
REGULAR SECOND APPEAL NO. 2444 OF 2018 (PAR) REGULAR SECOND APPEAL NO. 2445 OF 2018 (PAR)
IN RSA NO.2399/2018 BETWEEN:
SMT VARALAKSHMAMMA
@ VARALAKSHMI
AGED ABOUT 48 YEARS
D/O BYRAPPA @ DODDA BYRAPPA
W/O C B DEVARAJA
CHAKARASANAHALLI VILLAGE
NARASAPURA HOBLI
KOLAR TALUK AND DISTRICT - 563 133.
Digitally signed by SUMA B N Location: High Court of Karnataka
(BY SRI. K. SHIVASHANKAR .,ADVOCATE)
AND:
…APPELLANT
AGED ABOUT 68 YEARS, S/O BYRAPPA @ DODDA BYRAPPA CHAKARASANAHALLI VILLAGE NARASAPURA HOBLI KOLAR TALUK AND DISTRICT.
RESPONDENT NOS. 2 TO 6 ARE RESIDNETS OF KENDATTI VILLAGE VOKKALERI HOBLI KOLAR TALUK AND DISTRICT KOLAR TALUK- 517 247.
RESPONDENT NO.7 & 8 ARE RESIDNETS OF ARAHALLI VILLAGE KASABA HOBLI, KOLAR TALUK AND DISTRICT
KOLAR 517 247.
HIS MOTHER R-9(a) AS NATURAL GURADIAN
RESPONDENT 9(a) & (d) RESIDENTS OF BALAJI KRUPA HOUSE S.B.M.ROAD MALUR TOWN, MALUR TALUK KOLAR DISTRICT KOLAR - 517 247.
AGED ABOUT 38 YEARS, S/O LATE KANAKARAJAN NO. 401, 269, LAW MANSION DE-REUSE APARTMENT DEFENCE COLONY 100 FEET ROAD, OPPOSITE TO G G HOSPITAL INDIRANAGAR, BANGALORE - 560 038.
W/O LATE RAMAIAH AGED ABOUT 55 YEARS, R/AT NANDAGOKULA NILAYA KONDARAJANAHALLI
KASABA HOBLI, KOLAR TALUK.
AGED ABOUT 65 YEARS S/O NANJUNDAPPA
RESPONDENT NOS. 17 TO 18 ALL ARE RESIDENTS OF KENDATTI VILLAGE VOKKELERI HOBLI, KOLAR TALUK KOLAR - 517 247.
NC: 2024:KHC:11203 RSA No. 2399 of 2018 C/W RSA No. 2444 of 2018 RSA No. 2445 of 2018
RESPONDENTS 19 & 20 ARE BALAJI KRUPA NILAYA NEHRU EXTENSION, OLD SBM ROAD MALUR TOWN, KOLAR DISTRICT - 517 247.
…RESPONDENTS
(BY SRI.K.S. RAMESH, ADVOCATE FOR R1 TO R5; NOTICE TO R6 SERVED & UNREPRESENTED; SRI. C.V. ANNAIAH, ADVOCATE FOR R7; NOTICE NOT ISSUED TO R8, R9 AND R15 FOR WANTS OF PF R10 IS MINOR & RESPONDENT BY R9, R20 & R21; NOTICE TO R14, 17 & R18 SERVED AND UNREPRESENTED R16 & R19 DEAD)
THIS RSA IS FILED UNDER SEC.100 OF CPC,1908 AGAINST THE JUDGMENT AND DECREE DTD 10.09.2018 PASSED IN RA.NO.26/2015, 28/2015 AND 40/2015, ON THE FILE OF THE PRINCIPAL DISTRICT AND SESSIONS JUDGE, KOLAR ALLOWING THE APPEALS AND SETTING ASIDE THE JUDGMENT AND DECREE DATED13.01.2015 PASSED IN OS.NO.249/2009 ON THE FILE OF THE C/C.III ADDL.SENIOR CIVIL JUDGE, KOLAR.
IN RSA NO.2444/2018 BETWEEN:
SMT B. VARALAKSHMAMMA @ VARALAKSHMI AGED ABOUT 48 YEARS
D/O BYRAPPA @ DODDA BYRAPPA
W/O C B DEVARAJA CHAKARASANAHALLI VILLAGE NARASAPURA HOBLI KOLAR TALUK AND DISTRICT - 563 133.
…APPELLANT
(BY SRI. K. SHIVASHANKAR .,ADVOCATE)
AND:
SRI. C HARISH SINCE DEAD BY LRS
2 . SRI PREMKUMAR AGED ABOUT 16 YEARS S/O LATE C HARISH RESPONDENT NO.2 MINOR REPRESENTED BY HIS GUARDIAN SUJATHA BOTH ARE R/O BALAJI KRUPA HOUSE SBM ROAD, MALUR TOWN KOLAR DISTRICT - 563 144.
NC: 2024:KHC:11203 RSA No. 2399 of 2018 C/W RSA No. 2444 of 2018 RSA No. 2445 of 2018
RESPONDENT NOS. 3 TO 5 ARE R/O BALAJI KRUPA NILAYA NEHARU EXTENTION, OLD SBM ROAD, MALUR TOWN, KOLAR DISTRICT - 563 144.
7 . SRI B CHANDRAPPA AGED ABOUT 68 YEARS S/O BYRAPPA @ DODDA BYRAPPA, CHAKARASANAHALLI VILLAGE, NARASAPURA HOBLI, KOLAR TALUK & DISTRICT - 563 134.
W/O SHIVASHANKAR AGED ABOUT 50 YEARS RESPONDENT NOS. 13 & 14 ARE R/AT ARAHALLI VILLAGE, KASABA HOBLI, KOLAR TALUK - 563 101.
15 . SMT MALATHI AGED ABOUT 40 YEARS W/O P MANJUNATHA NO.27, AKAHATHA NILAYA, THIPPAIAH LAYOUT, KRISHNA NAGAR, CHIKKADEVASANDRA K R PURAM, BENGALURU.
16 . SRI M K ABHIMANYU AGED ABOUT 38 YEARS S/O LATE KANAKARAJAN, NO.401, 269, LAW MANSION DE-REUSE APARTMENT, DEFENCE COLONY, 100 FEET ROAD, OPPOSITE TO G.G.HOSPITAL, INDIRANAGAR, BANGALORE- 560 038.
NC: 2024:KHC:11203 RSA No. 2399 of 2018 C/W RSA No. 2444 of 2018 RSA No. 2445 of 2018
RESPONDENT NOS.19 & 20 R/O KENDATTI VILLAGE, VOKKALERI HOBI, KOLAR TALUK
…RESPONDENTS
(BY SRI. C. SHANKAR REDDY, ADVOCATE FOR R3 TO R6 AND R15; NOTICE TO R1, 13 & 14 UN SERVED, R2 BE MINOR AND & REPRESENTED BY R1; NOTICE TO R7 TO R12, R17, 19 & R20 SERVED & UNREPRESENTED, R21- DEAD, R16 BE HELD SUFFICENT R18-DEAD)
THIS RSA IS FILED UNDER SEC.100 OF CPC,1908 AGAINST THE JUDGMENT AND DECREE DTD 10.09.2018 PASSED IN RA.NO.26/2015, 28/2015 AND 40/2015, ON THE FILE OF THE PRINCIPAL DISTRICT AND SESSIONS JUDGE, KOLAR ALLOWING THE APPEALS AND SETTING ASIDE THE JUDGMENT AND DECREE DATED:13.01.2015 PASSED IN OS.NO.249/2009 ON THE FILE OF THE III ADDL.SENIOR CIVIL JUDGE, KOLAR.
IN RSA NO.2445/2018
BETWEEN:
SMT VARALAKSHMAMMA @ VARALAKSHMI, AGED ABOUT 48 YEARS
D/O BYRAPPA @ DODDA BYRAPPA W/O C B DEVARAJA CHAKARASANAHALLI VILLAGE, NARASAPURA HOBLI, KOLAR TALUK & DISTRICT - 563 133.
...APPELLANT
(BY SRI. V. SHIVASHANKAR, ADVOCATE)
AND:
RESPONDENTS NO.1 TO 4 ARE R/O BALAJI KRUPA NILAYA, NEHARU EXTENTION, OLD SBM ROAD, MALUR TOWN, KOLAR DISTRICT -563 141.
NC: 2024:KHC:11203 RSA No. 2399 of 2018 C/W RSA No. 2444 of 2018 RSA No. 2445 of 2018
D/O B CHANDRAPPA,
RESPONDENTS 6 TO 10 ARE R/O KENDATTI VILLAGE, VOKKALERI HOBLI, KOLAR TALUK -563 134.
RESPONDENTS NO.11 &12 R/O ARAHALLI VILLAGE, KASABA HOBLI, KOLAR TALUK - 563 138.
SRI C HARISH SINCE DEAD BY LRS
NC: 2024:KHC:11203 RSA No. 2399 of 2018 C/W RSA No. 2444 of 2018 RSA No. 2445 of 2018
RESPONDENT 14 BEING MINOR REPRESENTED BY HIS MOTHER R-13 AS NATURAL GUARDIAN R1 BALAFI KRUPA HOUSE SBM ROAD, MALUR TOWN - 563 141.
AGED ABOUT 40 YEARS W/O P MANJUNATHA D/O CHANDRASHEKAR NO.27, AKAHATHA NILAYA, THIPPAIAH LAYOUT, KRISHNA NAGAR, CHIKKADEVASANDRA, K R PURAM, BANGALORE-560 055
AGED ABOUT 65 YEARS S/O NANJUNDAPPA,
20 . SMT BHAGYAMMA AGED ABOUT 49 YEARS W/O N RAMACHANDRAPPA
21 . SRI SRINATHA MAJOR BY AGE
S/O N RAMACHANDRAPPA
RESPONDENTS NO.19 TO 21 R/O KENDATTI VILLAGE, VOKKALERI HOBLI, KOLAR TALUK -563 134.
RESPONDENT NO.21 DEATH RESPONDENT NO.19 & 20 TRATED ON LR's ON 19 & 20 AMENDED AS FOR ORDER DATED:10.03.2023.
… RESPONDENTS
(BY SRI. C. SHANKAR, ADVOCATE FOR R1 TO R4 & R15 SRI. K.S. RAMESH, ADVOCATE FOR R5 TO R10 SRI. C.V. ANNAIAH, ADVOCATE FOR R11 NOTICE TO R12 & R13 UNSERVED, R14 IS MINOR R4 BY R13 NOTICE IS H/S TO R16 V/O DATED:10.03.2023; NOTICE TO R17, 19 & TO SERVED AND UNREPRESENTED R18 & R21 DEAD)
THIS RSA IS FILED UNDER SECTION 100 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 10.09.2018 PASSED IN RA.NO.28/2015 ON THE FILE OF THE PRINCIPAL DISTRICT AND SESSIONS JUDGE, KOLAR ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGMENT AND DECREE DATED 13.01.2015 PASSED IN O.S.NO.249/2009 ON THE FILE OF THE C/C III ADDITIONAL SENIOR CIVIL JUDGE, KOLAR.
THESE APPEALS, COMING ON FOR ORDERS, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
NC: 2024:KHC:11203 RSA No. 2399 of 2018 C/W RSA No. 2444 of 2018 RSA No. 2445 of 2018
JUDGMENT
Sri.K.Shivashankar, learned counsel for the appellant
files a memo dated 15.03.2024 praying to dismiss the appeals as not pressed, as the matter is settled out of Court.
Appellant-Smt.Varalakshmi has signed the memo
and also present before this Court.
Memo is taken on record.
Appeals are dismissed as not pressed.
Sd/JUDGE
RL List No.: 1 Sl No.: 8
2 provisions across 1 enactments
Smt Varalakshmamma @ Varalakshmi
Sri B Chandrappa
Smt Sujatha
Sri Premakumar
Sri Chandrashekar
Sri Shivashankar
M.G.S. Kamal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
