Smt. Jayamma Vs Smt. Susheelamma — Karnataka HC (2025) — LawSathi Research

Smt. Jayamma Vs Smt. Susheelamma — Karnataka HC (2025) — LawSathi Research

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NC: 2025:KHC:51117 RFA No. 120 of 2013

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5^TH DAY OF DECEMBER, 2025

BEFORE

THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR REGULAR FIRST APPEAL NO. 120 OF 2013 (PAR) BETWEEN:

SMT. JAYAMMA W/O BASAVARAJAPPA AGED 45 YEARS OCC:HOUSEHOLD WORKER R/O YEKKEGONDI VILLAGE HARIHAR TALUK-577 601 DAVANGERE DISTRICT

SMT. KAVITHA W/O MANJUNATHA BANDERA AGE 33 YEARS OCC:HOUSEHOLD WORKER R/O G.BEVINAHALLI VILLAGE HARIHAR TALUK-577 601 DAVANGERE DISTRICT

Digitally signed by GAVRIBIDANUR SUBRAMANYA GUPTA SREENATH

Location: HIGH COURT OF KARNATAKA

SMT. SAVITHA W/O BASAVARAJ Y.H AGE 30 YEARS OC: HOUSEHOLD WORKER R/O YEKKEGONDI VILLAGE HARIHAR TALUK-577 601 DAVANGERE DISTRICT

SRI PRABHU S/O BASAVARAJAPPA AGED 26 YEARS OCC:AGRICULTURIST R/O YEKKEGONDI VILLAGE

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NC: 2025:KHC:51117 RFA No. 120 of 2013

HC-KAR

HARIHAR TALUK-577 601 DAVANGERE DISTRICT

SUNITHA D/O BASAVARAJAPPA AGE 23 YEARS OCC: HOUSEHOLD WORKER R/O YEKKEGONDI VILLAGE HARIHAR TALUK-577 601 DAVANGERE DISTRICT

…APPELLANTS

(BY SRI. M VINAYAKEERTHY, ADVOCATE - ABSENT)

AND:

SMT. SUSHEELAMMA S/O LATE RUDRAGOWDA AGED ABOUT 53 YEARS OCC: AGRICULTURIST PURTHAGERI VILLAGE HIREKERUR TALUK HAVERI DISTRICT-581 111

SRI ESHWARAPPA S/O LATE NANDYAPPA AGED ABOUT 63 YEARS OCC: AGRICULTURIST R/O YEKKEGONDI VILLAGE HARIHAR TALUK-577 601 DAVANGERE DISTRICT

SRI G.GIRISH S/O GOWDRA SHEKHARAPPA AGED ABOUT 40 YEARS OC: AGRICULTURIST R/O YEKKEGONDI VILLAGE

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NC: 2025:KHC:51117 RFA No. 120 of 2013

HC-KAR

HARIHAR TALUK-577 601 DAVANGERE DISTRICT

…RESPONDENTS

(BY SRI. N.K. SIDDESWARA, ADVOCATE FOR R1; R2-SERVED, UNREPRESENTED; SRI. RAJANIKANTH KULKARNI, ADVOCATE FOR R3)

THIS RFA IS FILED UNDER SECTION 96 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 05.10.2012 PASSED IN O.S.94/2007 ON THE FILE OF THE SENIOR CIVIL JUDGE, HARIHAR, DECREEING 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 PRADEEP SINGH YERUR

ORAL JUDGMENT

Sri.N.K.Siddeswara, learned counsel for respondent No.1 files a memo along with internet copy of the order passed in FDP No.13/2013 stating that the parties to the proceedings have amicably settled the matter by way of compromise petition by order dated 02.06.2023. The compromise petition filed by all the parties has been accepted and FDP is closed.

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NC: 2025:KHC:51117 RFA No. 120 of 2013

HC-KAR

Memo is placed on record.

Even on the previous date of hearing, learned counsel appearing on behalf of the appellants had made a submission that the matter is settled before the FDP Court and that they would file a memo.

Though learned counsel for appellants is not present today, the order sheet dated 01.02.2024 reflects the statement so made by respondent No.1 herein which was made by appellant on the previous date of hearing.

In view of the matter having been settled amicably by way of compromise petition and FDP having been closed, present appeal would not survive for consideration. Accordingly, this appeal is disposed of in view of the compromise petition entered into by the parties in above said FDP proceedings.

Sd/(PRADEEP SINGH YERUR) JUDGE

SBN List No.: 2 Sl No.: 4