Dismissed¶45

Sri. B. Bhaskar Rai v. Smt. Thimmakka

Karnataka HC11 Sept 2025RSA/944/2021

Case brief

AI extract

What is this about?

Karnataka High Court, Justice V Srishananda, RSA No. 944 of 2021 (PAR/POS; NC: 2025:KHC:36025), decided 11.09.2025. Second appeal under Section 100 CPC arising from OS.No.13/2008 (Principal Civil Judge and JMFC, Malur), reversed below in RA.No.7/2016 (Senior Civil Judge, Malur, 30.11.2020). Dismissed as withdrawn on the appellant LR's memo citing out-of-court settlement during pendency in FDP.No.5/2021. Of value only as a procedural record of settlement-driven withdrawal; cites no precedent and lays down no legal principle.

What did the court decide?

Appeal dismissed as withdrawn on the strength of the LR's memo dated 11.09.2025 citing out-of-court settlement in FDP.No.5/2021; no relief adjudicated on merits. ¶45

Sri. B. Bhaskar Rai Vs Smt. Thimmakka — Karnataka HC (2025) — LawSathi Research

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NC: 2025:KHC:36025 RSA No. 944 of 2021

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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 11^TH DAY OF SEPTEMBER, 2025

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BEFORE

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THE HON'BLE MR. JUSTICE V SRISHANANDA REGULAR SECOND APPEAL NO. 944 OF 2021 (PAR/POS)

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BETWEEN:

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SRI. B. BHASKAR RAI SINCE DEAD BY HIS LR

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SRI. SAMITH RAI S/O. LATE BELLE NARAYAN RAI, AGED ABOUT 75 YEARS, RESIDING AT NO.89, 7^TH CROSS, 2^ND MAIN, WIDIA LAYOUT, VIJAY NAGAR, BANGALORE-560 040. (BY SRI. K.S. BHEEMAIAH, ADVOCATE)

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…APPELLANT

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AND:

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Digitally signed by SHARADAVANI B Location: High Court of Karnataka

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SMT. THIMMAKKA, W/O. LATE M. VENKATARAMANAPPA, AGED ABOUT 82 YEARS, R/O. 2^ND CROSS, KALLASANDRA, AUDUGODI POST, BENGALURU - 560 027.

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SMT. SIDDAMMA, AGED ABOUT 60 YEARS, W/O. MUNISWAMY, R/O. NO. 26, 2^ND CROSS, NEAR MUNICIPAL GROUNDS, ROBERTSON PET, KGF, PIN CODE - 563 122.

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2 - NC: 2025:KHC:36025 RSA No. 944 of 2021

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HC-KAR

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SMT. PADMAVATHI, AGED ABOUT 56 YEARS, W/O. SRI. K. SRINIVAS, R/O. NELLURAHALLI, WHITE FIELD POST, BENGALURU SOUTH TALUK, BENGALURU - 560 066.

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SMT. LAKSHMI, AGED ABOUT 53 YEARS, W/O. VASUDEVA, R/O. SRI. LAKSHMI VENKATESHWARA NILAYA, 7^TH MAIN, B. NARAYANAPURA, DOORVANINAGAR POST, BENGALURU - 560 016.

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SMT. PARVATHI, AGED ABOUT 50 YEARS, W/O. R. GOVINDASWAMY, R/O. SRI. HANUMAN STORES, GOVINDAPURA, ARABIC COLLEGE POST, BENGALURU - 560 045.

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SRI. KRISHNAPPA @ KRISHNA AGED ABOUT 50 YEARS, S/O. LATE VENKATAPPA,

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SRI. K. VASANTH KUMAR AGED ABOUT 24 YEARS, S/O. KRISHNAPPA @ KRISHNA,

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MS. K. SHIVANI AGED ABOUT 20 YEARS, D/O. KRISHNAPPA @ KRISHNA,

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RESPONDENT NO.6 TO 8 ARE RESIDING AT NO. 579, BYRATHI, BENGALURU EAST, BENGALURU-562 149.

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3 - NC: 2025:KHC:36025 RSA No. 944 of 2021

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HC-KAR

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SRI. LAKSHMAIAH AGED ABOUT 48 YEARS, S/O. LATE M. VENKATARAMANAPPA,

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SRI. CHANDRA PRASAD AGED ABOUT 54 YEARS, S/O. LATE M. VENKATARAMANAPPA,

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RESPONDENTS NO.9 AND 10 ARE R/O. NO.52, 2^ND CROSS, LAKKASANDRA, AUDUGODI POST, BENGALURU - 560 027.

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…RESPONDENTS

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(BY SRI. C. SHANKAR REDDY, ADVOCATE FOR C/R1, C/R5, C/R7, C/R8, R2 TO R5)

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THIS RSA IS FILED UNDER SECTION 100 OF CPC

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AGAINST THE JUDGMENT AND DECREE DATED 30.11.2020 PASSED IN RA.No.7/2016 ON THE FILE OF THE SENIOR CIVIL JUDGE, MALUR, ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGMENT AND DECREE DATED 24.11.2015 PASSED IN OS.No.13/2008 ON THE FILE OF THE PRINCIPAL CIVIL JUDGE AND JMFC, MALUR.

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

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CORAM: HON'BLE MR. JUSTICE V SRISHANANDA

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NC: 2025:KHC:36025 RSA No. 944 of 2021

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HC-KAR

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ORAL JUDGMENT

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Learned counsel for the appellant has filed a memo

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dated 11.09.2025 for withdrawal. The memo reads as under:

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"The LR of the Appellant in the above case herein most respectfully submits that, the during the pendency of the above Appeal was settled out of Court before the Hon'ble Trial Court, in FDP.No.5/2021, among the Appellant herein and the Respondents. Therefore, the LR of the Appellant herein does not wish to prosecute the above Appeal further.

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Wherefore, the LR of the Appellant herein most respectfully prays that this Hon'ble Court may be pleased to permit the LR of the Appellant herein to withdraw the above Appeal, in the interest of justice and equity.”

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Memo is taken on record.

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In view of the above memo, appeal is dismissed

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as withdrawn.

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Sd/(V SRISHANANDA) JUDGE

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PHM List No.: 1 Sl No.: 38

Sri. B. Bhaskar Rai v. Smt. Thimmakka

Case brief

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Sri. B. Bhaskar Rai v. Smt. Thimmakka

Case brief

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