Regular second appeal disposed of as settled based on a Supreme Court order dismissing the appeal as withdrawn following a Lok-Adalath conciliation meeting.
The appeal was disposed of as settled. Pending applications were disposed of accordingly.
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:44024 RSA No. 2541 of 2007
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 4TH DAY OF NOVEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE RAVI V HOSMANI
REGULAR SECOND APPEAL NO. 2541 OF 2007 (RES)
BETWEEN:
SRI ABHINAY, AGED ABOUT 21 YEARS, S/O SUDHARSHAN REDDY G.M., R/O KATHARIGUPPE VILLAGE, SARJAPUR HOBLI, ANEKAL TALUK, BANGALORE DISTRICT.
…APPELLANT
(BY SRI K.S. HARISH, ADVOCATE)
AND:
SRI SUDHARSHAN REDDY G.M., S/O LATE MUNISWAMY REDDY, AGED ABOUT 47 YEARS, R/OF GUNJUR VILLAGE, VARTHUR HOBLI, BANGALORE SOUTH TALUK.
Digitally signed by ANUSHA V Location: High Court Of Karnataka
SINCE DECEASED REP.BY HER LRs 1. SMT. MUNIYAMMA, W/O LATE SRI MUNISWAMY REDDY, AGED ABOUT 90 YEARS, GUNJUR VILLAGE AND POST, VARTHUR HOBLI, BANGALORE EAST, BANGALORE - 560 087.
SINCE DECEASED REP.BY HER LRs
1(a) SMT. G.M. MANOHARA DEVI, W/O M. SOMASHEKAR REDDY, AGED ABOUT 59 YEARS, R/A NO.33, 15TH CROSS, 7TH MAIN, BTM 2ND STAGE, BANGALORE - 560 076.
NC: 2024:KHC:44024 RSA No. 2541 of 2007
1(b) SMT. G.M. SHASHIKALA, W/O GOPALA REDDY, AGED ABOUT 50 YEARS, R/A NO.767, 22ND CROSS, 16TH 'A' MAIN ROAD, 3RD STAGE, HSR LAYOUT, BANGALORE - 560 102.
1(c) SRI KIRAN REDDY, S/O LATE SRINIVASA REDDY, AGED ABOUT 32 YEARS, R/A GUNJUR VILLAGE AND POST, VARTHUR HOBLI, BANGALORE-560 087.
1(e) SUJAY, S/O LATE VENUGOPAL REDDY, AGED ABOUT 39 YEARS, R/A GUNJUR VILLAGE & POST, VARTHUR HOBLI, BANGALORE - 560 087.
1(f) SUNITHA, D/O LATE SRINIVASA REDDY, AGED ABOUT 32 YEARS, R/A GUNJUR VILLAGE & POST, VARTHUR HOBLI, BANGALORE - 560 087.
…RESPONDENTS
[BY SRI M. RAMACHANDRA REDDY, ADVOCATE A/W SRI N. BAYYA REDDY, ADVOCATE FOR R1(a); SRI M.V. NAVEEN REDDY, ADVOCATE FOR R1(b); SRI SARAVANA S., ADVOCATE FOR R1(c to f)]
THIS RSA IS FILED UNDER SECTION 100 OF CPC., AGAINST THE JUDGMENT & DECREE DATED 21.09.2007 PASSED IN R.A.NO. 49/2001 ON THE FILE OF THE DISTRICT AND SESSION JUDGE & PRESIDING OFFICER, FTC-V, BANGALORE RURAL DISTRICT, BANGALORE, ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGMENT AND DECREE DATED 05.01.2001 PASSED IN O.S.NO. 1048/1989 ON THE FILE OF THE II ADDITIONAL CIVIL JUDGE, (JR.DN.,) BANGALORE RURAL DISTRICT, BANGALORE.
NC: 2024:KHC:44024 RSA No. 2541 of 2007
THIS APPEAL IS COMING ON FOR ORDERS , THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE RAVI V HOSMANI
ORAL JUDGMENT
Learned counsel for respondent no.1 (a) has filed a memo stating that subject matter of present appeal is covered by settlement recorded by Hon'ble Supreme Court in Civil Appeal no.6334/2024 referring settlement proceedings in Pre-special Lok-Adalath Conciliation Meeting held on 02.08.2024 in DLSA, Bengaluru. As per para 4 of order passed by Hon'ble Supreme Court on 16.10.2024, this appeal was dismissed as withdrawn. In view of same, learned counsel seeks disposal of appeal.
NC: 2024:KHC:44024 RSA No. 2541 of 2007
securing recall of compromise, appeal would automatically revive.
With said observations, appeal stands disposed of
in terms of compromise.
Registry to draw decree accordingly.
In view of disposal, all pending applications stand
disposed of accordingly.
Sd/(RAVI V HOSMANI) JUDGE
AV
List No.: 1 Sl No.: 2
Sri Abhinay
Smt. Muniyamma
Smt. G.M. Manohara Devi
Smt. G.M. Shashikala
Sri Kiran Reddy
Smt. Anitha @ Aritha
Ravi V Hosmani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
