Disposed¶31

Sri M R Lakshmanappa v. Dr C L Jayadev

Karnataka HC3 Sept 2025RFA/1796/2023

Case brief

AI extract

What is this about?

Karnataka High Court, Bengaluru; NC: 2025:KHC:34570; RFA No. 1796 of 2023 (EJE); Justice K.S. Hemalekha; decided 03.09.2025. Ejectment-decree appeal (O.S.No.4002/2021, decree dated 06.06.2023) disposed of on a settlement memo after death of appellant during pendency of appeal and execution petition Ex.No.2523/2023; possession of schedule property and arrears of rent returned to respondent; filed under Order 41 Rule 1 r/w Section 96 CPC.

What did the court decide?

The Court took the memo filed by learned counsel for the appellant on record and, in view of the memo, disposed of the appeal. ¶30

Sri M R Lakshmanappa Vs Dr C L Jayadev — Karnataka HC (2025) — LawSathi Research

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NC: 2025:KHC:34570 RFA No. 1796 of 2023

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3^RD DAY OF SEPTEMBER, 2025 BEFORE

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THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA REGULAR FIRST APPEAL NO.1796 OF 2023 (EJE)

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BETWEEN:

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SRI. M.R. LAKSHMANAPPA, S/O LATE SRI. RAMAIAH, AGED ABOUT 73 YEARS, RESIDING AT NO.138, SRINIKETAN, 7^TH RAILWAY MENS LAYOUT, ULLAL, BENGALURU-560 056.

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…APPELLANT

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(BY SRI. T. SESHAGIRI RAO, ADVOCATE)

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AND:

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Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA

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DR. C.L. JAYADEV, S/O SRI. H. LINGAPPA, AGED ABOUT 84 YEARS, R/AT NO.6, 3^RD CROSS, 1^ST ‘R’ BLOCK, RAJAJINAGAR, BENGALURU-560 010.

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…RESPONDENT

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(BY SRI. VIJAYKUMAR PRAKASH, ADVOCATE)

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THIS RFA IS FILED UNDER ORDER 41 RULE 1 R/W SECTION 96 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 06.06.2023 PASSED IN O.S.NO.4002/2021 ON THE FILE OF THE LIX ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU, PARTLY DECREEING THE SUIT FOR EJECTMENT.

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THIS APPEAL COMING ON FOR ORDERS THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

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NC: 2025:KHC:34570 RFA No. 1796 of 2023

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HC-KAR

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CORAM: HON'BLE MRS. JUSTICE K.S. HEMALEKHA

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ORAL JUDGMENT

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Memo is filed by the learned counsel for the appellant, which reads as under:

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“The Appellant submits as follows:

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That, the current appeal has been preferred being aggrieved by the judgment and decree dated 06.06.2023 one passed in O.S.No.4002/2021.

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It is submitted that, during the pendency of the current appeal the respondent herein had preferred an execution petition in Ex.No.2523/2023, however, during the pendency of the same, the appellant herein passed away. Taking note of the said situation, the legal heirs of the current appellant and the respondent herein have amicably settled the dispute and the possession of the schedule property along with the arrears of rents have handed over back to the respondent herein.

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NC: 2025:KHC:34570 RFA No. 1796 of 2023

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HC-KAR

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That, in view of the same the current appeal may be disposed off to meet the ends of justice and equity.”

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