Withdrawal of appeal on settlement between parties; RFA dismissed as withdrawn; partition and separate possession suit; S.96 CPC; OS.No.2511/2004; XXIX Additional City Civil Judge Bengaluru; respondents' memo dated 01.07.2025; Jayalakshmi v. LRs of N Gopal; Karnataka HC 2025.
Permission to withdraw the appeal granted; appeal dismissed as withdrawn. ¶38
Considering the averments of the memo seeking withdrawal (filed in view of the settlement reached between the parties), leave was granted and the appeal stands dismissed as withdrawn. ¶38
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 16TH DAY OF JULY, 2025
BEFORE
THE HON'BLE MR. JUSTICE S RACHAIAH
REGULAR FIRST APPEAL NO. 1104 OF 2020 (PAR/POS)
BETWEEN:
Digitally signed by SREEDHARAN BANGALORE SUSHMA LAKSHMI Location: High Court of Karnataka
SMT G.JAYALAKSHMI D/O LATE N GOPAL W/O D.N.ASWATHANARAYANA AGED ABOUT 60 YEARS R/ AT BABUSAPALYA VILLAGE CHELKERE DHAKLE, K R PURA HOBLI, BENGALURU EAST TALUK BENGALURU-560 043. REP BY GPA HOLDER D N ASWATHANARAYANA S/O NARAYANAPPA AGED ABOUT 63 YEARS R/AT BABUSAPALYA VILLAGE CHELKERE DHAKALE K.R.PURAM HOBLI BENGALURU EAST TALUK BENGALURU – 560 043. …APPELLANT (BY SRI. CHANDRASHEKAR K C., ADVOCATE)
AND:
SRI N GOPAL SINCE DEAD BY HIS LRS OF RESPONDENT NO.2 AND 3
HC-KAR
EARLIER RESPONDENT NO.2 AND 3 R/AT BABUSAPALYA VILLAGE CHELKERE DHAKALE K R PURAM HOBLI BENGALURU EAST TALUK BENGALURU-560 043
HC-KAR
…RESPONDENTS
(BY SRI. T SESHAGIRI RAO., ADVOCATE FOR CAVEAT RESPONDENT NO.6)
THIS RFA IS FILED UNDER SECTION 96 OF CPC AGAINST THE JUDGMENT AND DECREE DATED 10.12.2019 PASSED IN OS.NO.2511/2004 ON THE FILE OF THE XXIX ADDITIONAL CITY CIVIL JUDGE, BENGALURU CITY DISMISSING THE SUIT FOR PARTITION AND SEPARATE POSSESSION.
THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE S RACHAIAH
NC: 2025:KHC:26414 RFA No. 1104 of 2020
HC-KAR
ORAL JUDGMENT
Learned counsel for the appellant has filed a memo seeking permission to withdraw the appeal.
“The Counsel for the Appellant submits as here under:
The Appellant seeks leave of this Hon’ble Court to withdraw the above appeal, in view of the settlement reached between the parties; the present appeal may be disposed as withdrawn, as per the memo already submitted by the Respondents before this Hon’ble Court dated 01.07.2025, the Appellant already signed, as per the memo placed before this Hon’ble Court dated 01.07.2025.
Wherefore, this Hon’ble Court may be pleased to receive this memo on record and pass just necessary orders, in the interest of justice and equity.”
Considering the averments of the said memo, leave granted. The appeal stands dismissed as withdrawn .
Sd/(S RACHAIAH) JUDGE
UN, List No.: 1 Sl No.: 1
1 issue framed by the court
1 provisions across 1 enactments
How this case reached the court
Judgment and decree dated 10.12.2019 in OS.No.2511/2004 dismissing the suit for partition and separate possession.¶26
XXIX Additional City Civil Judge, Bengaluru City · 10.12.2019
Memo dated 01.07.2025 submitted by the Respondents before this Hon'ble Court, pursuant to which the appeal was proposed to be disposed as withdrawn and which the Appellant had signed.¶36
SMT G.JAYALAKSHMI D/O LATE N GOPAL W/O D.N.ASWATHANARAYANA AGED ABOUT 60 YEARS, REP BY GPA HOLDER D N ASWATHANARAYANA S/O NARAYANAPPA AGED ABOUT 63 YEARS¶10
Chandrashekar K C
SRI N GOPAL SINCE DEAD BY HIS LRS OF RESPONDENT NO.2 AND 3¶12
SRI G RAVINDRA S/O LATE N.GOPAL AGED ABOUT 60 YEARS¶15
SRI G RAGHURAM S/O LATE N GOPAL AGED ABOUT 56 YEARS¶16
SRI P RAMAMRUTHY SON OF LATE PUTTARAMAIAH AGED ABOUT 95 YEARS¶18
SRI R JAYAPRAKASH SON OF RANGANATHAN AGED ABOUT 66 YEARS¶19
SRI N MANJUNATH SON OF LATE NARAYANAPPA AGED ABOUT 59 YEARS¶22
S RACHAIAHauthor¶28
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
