Dismissed¶38

G.A. Sharathchandra v. H.S. Sukanya

Karnataka HC5 Aug 2025RSA/746/2024

Case brief

AI extract

What is this about?

Karnataka High Court (Bengaluru), NC: 2025:KHC:30424, decided 05.08.2025 by V Srishananda J. RSA No.746 of 2024 (PAR); withdrawal of second appeal by memo; compromise between parties; dismissal of appeal as withdrawn; challenge to first appellate judgment in RA No.42/2022 (VII Additional District Judge, Tumakuru, 15.10.2022) confirming FDP No.2/2015 decree (Principal Senior Civil Judge and CJM, Tumakuru, 23.12.2021) under Section 54 CPC; Section 100 r/w Order XLII Rule 1 CPC. No precedents cited; no issues decided on merits.

What did the court decide?

Appeal permitted to be withdrawn and dismissed as such; no relief on merits. ¶38

G.A. Sharathchandra Vs H.S. Sukanya — Karnataka HC (2025) — LawSathi Research

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NC: 2025:KHC:30424 RSA No. 746 of 2024

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 05^TH DAY OF AUGUST, 2025

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BEFORE

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THE HON'BLE MR. JUSTICE V SRISHANANDA REGULAR SECOND APPEAL No.746 OF 2024 (PAR)

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BETWEEN:

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G.A. SHARATHCHANDRA

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S/O LATE G.S. APPANNASETTY AGED ABOUT 76 YEARS R/O GULURU VILLAGE GULUR HOBLI, TUMKUR TALUK

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…APPELLANT

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(BY SRI ROHITH GOWDA.B J, ADVOCATE)

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AND:

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H.S. SUKANYA

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Digitally signed by MALATESH K C Location: HIGH COURT OF KARNATAKA

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W/O LATE G A INDHUDHAR AGED ABOUT 69 YEARS R/O GANGADHARESHWARA KRUPA 28^TH CROSS, SIT EXTN. TUMKUR

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G A DAYANIDHI S/O LATE G S APPANNASETTY AGED ABOUT 84 YEARS R/O NO.8, SWASTHI, 5^TH CROSS 6^TH MAIN, POSTAL COLONY SANJAY NAGAR BENGALURU -560 094

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G A SOMASUNDAR S/O LATE G S APPANNASETTY AGED ABOUT 80 YEARS R/O NO. 231, 12^TH MAIN AMMA ASHRAMA ROAD,

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NC: 2025:KHC:30424 RSA No. 746 of 2024

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HC-KAR

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GNANABHARATI 2^ND STAGE BENGALURU -560 056

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G A MALINI W/O T G RUDRAKUAMR D/O LATE G S APPANNA SETTY AGED ABOUT 73 YEARS R/O PARK ROAD, SOMESHWARAPURAM TUMKUR -572101

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G A NALINI S/O LATE G S APPANNA SETTY AGED ABOUT 68 YEARS R/O GULURU VILLAGE GULURU HOBLI, TUMKUR TALUK -572132

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…RESPONDENTS

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(BY SRI NARASIMHARAJU, ADVOCATE FOR R1; R2, R3 AND R5 ARE SERVED; SRI SHANTH KUMAR.S.P, ADVOCATE FOR R4)

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THIS RSA IS FILED UNDER SECTION 100 R/W ORDER XLII RULE 1 OF CODE OF CIVIL PROCEDURE, AGAINST THE JUDGMENT AND DECREE DATED 15.10.2022 PASSED IN RA No.42/2022 ON THE FILE OF VII ADDITIONAL DISTRICT JUDGE, TUMAKURU, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 23.12.2021 PASSED IN FDP No.2/2015 ON THE FILE OF PRINCIPAL SENIOR CIVIL JUDGE AND CJM, TUMAKURU, PARTLY ALLOWED THE PETITION FILED UNDER SECTION 54 OF CPC.

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THIS APPEAL, COMING ON FOR FURTHER ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE V SRISHANANDA

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NC: 2025:KHC:30424 RSA No. 746 of 2024

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HC-KAR

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ORAL JUDGMENT

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Appellant is present before the Court.

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A memo has been filed, signed by the appellant and his counsel, which reads as under:

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“The above named appellant begs to submits as follows:

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In light of the compromise arrived at between the parties in the connected matter viz., RSA 746/2024, the appellant herein begs to withdraw the above appeal.

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Wherefore, this Hon’ble Court may kindly be pleased to dispose off the above appeal as withdrawn in the interest of equity and justice.”

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3. Placing the memo on record, the appeal is dismissed as

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withdrawn.

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Sd/(V SRISHANANDA) JUDGE

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kcm List No.: 1 Sl No.: 23

G.A. Sharathchandra v. H.S. Sukanya

Case brief

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G.A. Sharathchandra v. H.S. Sukanya

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