Dismissed¶30

Sri T Krishnegowda v. Smt Bhagyamma

Karnataka HC21 Jan 2025RFA/1828/2019

Case brief

AI extract

What is this about?

Withdrawal of first appeal by memo citing out-of-court settlement; appeal dismissed as withdrawn; interim application I.A.No.1/2024 disposed of. Keywords: withdrawal of appeal; compromise/settlement out of court; memo; RFA 1828 of 2019 (PAR); O.S.No.4769/2012; Section 96 CPC; Order 41 Rule 1 CPC; Code of Civil Procedure 1908; Karnataka High Court; 2025:KHC:2524-DB; Krishnegowda v. Bhagyamma; Bengaluru; 14.06.2019 decree.

What did the court decide?

The memo filed by the appellant's counsel seeking withdrawal of the appeal (on the footing of an out-of-court settlement) is taken on record and the appeal is dismissed as withdrawn; I.A.No.1/2024 stands disposed of as a consequence. ¶30

Sri T Krishnegowda Vs Smt Bhagyamma — Karnataka HC (2025) — LawSathi Research

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NC: 2025:KHC:2524-DB RFA No. 1828 of 2019

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 21^ST DAY OF JANUARY, 2025

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PRESENT

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THE HON'BLE MR JUSTICE K.SOMASHEKAR

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AND

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THE HON'BLE MR JUSTICE VENKATESH NAIK T REGULAR FIRST APPEAL NO. 1828 OF 2019 (PAR)

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BETWEEN:

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SRI T KRISHNEGOWDA S/O D. THIMMAIAH @ NARAYANSWAMY AGED ABOUT 44 YEARS R/AT NO.114, M.S. NO.648 NEW NO. 135/4 NGEF LAYOUT, 5^TH CROSS 5TH MAIN, SANJAYANAGAR BENGALURU 560094.

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…APPELLANT

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(BY SRI. REVANASIDDAPPA H. K. - ADVOCATE)

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Digitally signed by SUMATHY KANNAN Location: HIGH COURT OF KARNATAKA

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AND:

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SMT BHAGYAMMA W/O RAMAKRISHNA D/O LATE VARALAKSHMI @ VARALAKSHMAMMA AGED ABOUT 48 YEARS

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SMT. ARASI NAGARAJU W/O NAGARAJU D/O LATE VARALAKSHMI @ VARALAKSHMAMMA AGED ABOUT 48 YEARS

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SRI. KIRAN @ YOGESH S/O RAMAKRISHNA AND SMT. BHAGYAMMA AGED ABOUT 30 YEARS

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2 - NC: 2025:KHC:2524-DB RFA No. 1828 of 2019

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ALL ARE RESIDING AT NO.114, M.S. NO.648 NEW NO.135/4, NGEF LAYOUT 5^TH CROSS, 5^TH MAIN SANJAYNAGAR, BENGALURU 560094.

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…RESPONDENTS (BY SRI. CHANDRAIAH AND SRI. PARAMASHIVAIAH – ADVOCATES FOR RESPONDENTS NO.1 & 3; SRI T SATEESHA – ADVOCATE FOR RESPONDENT NO.2 )

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THIS RFA FILED UNDER SECTION 96 R/AT ORDER 41 RULE 1 OF THE CODE OF CIVIL PROCEDURE, 1908 PRAYING TO SET ASIDE THE IMPUGNED JUDGMENT AND DECREE PASSED IN O.S.NO.4769/2012 DATED 14.06.2019 ON THE FILE OF THE HON’BLE XLII-ADDL. CITY CIVIL & SESSIONS JUDGE, BENGALURU CITY AND DISMISS THE SAID SUIT.

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

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CORAM: HON'BLE MR JUSTICE K.SOMASHEKAR AND HON'BLE MR JUSTICE VENKATESH NAIK T

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ORAL JUDGMENT

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(PER: HON'BLE MR JUSTICE K.SOMASHEKAR)

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Learned counsel Shri Revanasiddappa H.K. for the appellant has filed a memo seeking to withdraw the appeal stating that the matter has been settled out of Court.

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NC: 2025:KHC:2524-DB RFA No. 1828 of 2019

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