Dismissed¶31

Sri Tony Serrao v. Sri Madhushudhan

Karnataka HC20 Jun 2025RFA/1923/2011

Case brief

AI extract

What is this about?

Karnataka High Court, Bengaluru; RFA No. 1923 of 2011 (INJ); Section 96 CPC appeal against dismissal of suit for permanent injunction (O.S.8556/2008, XVII Addl. City Civil and Sessions Judge, CCH-16, Bangalore, decree dated 30.07.2011); death of appellant No.1 reported; memo dated 17.06.2025 seeking withdrawal on ground of out-of-court settlement; appeal dismissed as withdrawn on 20.06.2025 by H.T. Narendra Prasad, J.; no ratio, holding or precedent treatment available from this judgment.

What did the court decide?

Leave to withdraw the appeal granted; appeal dismissed as withdrawn following out-of-court settlement between the parties. ¶31

Sri Tony Serrao Vs Sri Madhushudhan — Karnataka HC (2025) — LawSathi Research

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1 - NC: 2025:KHC:21464 RFA No. 1923 of 2011

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20^TH DAY OF JUNE, 2025

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BEFORE

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THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD REGULAR FIRST APPEAL NO. 1923 OF 2011 (INJ)

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BETWEEN:

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SRI. TONY SERRAO AGED ABOUT 63 YEARS, SON OF LOUIES SERRAO

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SMT. HELENA SERRAO AGED ABOUT 58 YEARS, W/O TONY SERRAO

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BOTH ARE RESIDING AT "IMMANUEL", 2F, 14/11, I MAIN, 4^TH CROSS, MADIVALA, MARUTHINAGARA, BANGALORE-560078

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…APPELLANTS

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(BY SRI. B.A.BELLIAPPA, ADVOCATE)

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Digitally signed by HEMALATHA A Location: HIGH COURTOF KARNATAKA

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AND:

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SRI. MADHUSHUDHAN MAJOR IN AGE S/O LATE PATALAIAH

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SRI. MANOHAR MAJOR IN AGE S/O LATE PATALAIAH,

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SRI. MURALI MAJOR IN AGE S/O LATE PATALAIAH

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ALL ARE RESIDENTS OF KALAKERI VILLAGE,

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2 - NC: 2025:KHC:21464 RFA No. 1923 of 2011

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HC-KAR

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K.R.PURAM HOBLI, BANASAVADI POST, BANGALORE-560043.

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…RESPONDENTS

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(BY SRI. K. VIJAYA KUMAR, ADVOCATE FOR R1 TO R3; SRI. A. MADHUSUDHANA RAO, ADVOCATE FOR IMPLEADING R4; SRI. UMESH B.N., ADVOCATE FOR IMPLEADING R5 AND R6)

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THIS RFA IS FILED UNDER SECTION 96 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 30.07.2011 PASSED IN O.S.8556/2008 ON THE FILE OF THE XVII-ADDL. CITY CIVIL AND SESSIONS JUDGE, CCH-16, BANGALORE CITY, DISMISSING THE SUIT FOR THE PERMANENT INJUNCTION.

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THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE H.T. NARENDRA PRASAD

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ORAL JUDGMENT

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Learned counsel for the appellants has filed a memo reporting death of appellant No.1 and also filed a memo dated 17.06.2025 seeking leave of this Court to withdraw this appeal on the ground that the parties have settled the matter out of Court.

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