Dismissed¶34

Mrs. Malachira Kanthi Aiyappa v. Mrs.Nadikeriyanda Jyothi Ponnappa

Karnataka HC1 Jul 2026RFA/1946/2025

Case brief

AI extract

What is this about?

Dismissal of first appeal as withdrawn on out-of-court settlement; memo of withdrawal accepted; refund of court fee on proper identification; RFA under Section 96 CPC against judgment and decree dated 29.01.2025 in O.S. No. 189/2015 (Senior Civil Judge and JMFC, Virajpet) dismissing suit for declaration; parties: Malachira Kanthi Aiyappa v. Nadikeriyanda Jyothi Ponnappa, Urmila Ponnappa and Malachira Aiyappa @ Nanda; subject property/estate at Angel Field Estate, Guyya Village, Virajpet Taluk, South Kodagu; coram Anu Sivaraman and Venkatesh Naik T, JJ.; decided 01.07.2026; neutral citation NC: 2026:KHC:32734-DB.

What did the court decide?

Refund of applicable court fee to the appellant on proper identification. ¶34

Mrs. Malachira Kanthi Aiyappa Vs Mrs.Nadikeriyanda Jyothi Ponnappa — Karnataka HC (2026) — LawSathi Research

¶1

¶2

NC: 2026:KHC:32734-DB RFA No. 1946 of 2025

¶3

HC-KAR

¶4

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1^ST DAY OF JULY, 2026

¶5

PRESENT

¶6

THE HON'BLE MRS. JUSTICE ANU SIVARAMAN AND

¶7

THE HON'BLE MR. JUSTICE VENKATESH NAIK T REGULAR FIRST APPEAL NO. 1946 OF 2025 (PAR)

¶8

BETWEEN:

¶9

MRS. MALACHIRA KANTHI AIYAPPA D/O LATE CHENDANDA MUTHAPPA W/O DR. MALACHIRA AIYAPPA AGED ABOUT 62 YEARS, RESIDING A ANGEL FIELD ESTATE, GUYYA VILLAGE, VIRAJPET TALUK SOUTH KODAGU-571253

¶10

…APPELLANT

¶11

Digitally signed by PAVITHRA N Location: High Court of Karnataka

¶12

(BY MS. AKSHATA BENEGAL AND

¶13

MS. MANJUSHA B.S., ADVOCATES FOR

¶14

SRI. MANU PRABHAKAR KULKARNI, ADVOCATE)

¶15

AND:

¶16

MRS. NADIKERIYANDA JYOTHI PONNAPPA D/O LATE CHENDANDA MUTHAPPA W/O MR. NADIKERIYANDA A. PONNAPPA AGED ABOUT 66 YEARS, RESIDING A ANGEL FIELD ESTATE, GUYYA VILLAGE, VIRAJPET TALUK SOUTH KODAGU-571253

¶17

¶18

NC: 2026:KHC:32734-DB RFA No. 1946 of 2025

¶19

HC-KAR

¶20

MRS. URMILA PONNAPPA D/O NADIKERIYANDA PONNAPPA AGED ABOUT 46 YEARS, RESIDING AT R/A 33, CLUB STREET 07-19, EMERALD GARDEN APARTMENTS, SINGAPORE-069415

¶21

DR. MALACHIRA AIYAPPA @ NANDA S/O LATE MALACHIRA KARIAPPA AGED ABOUT 70 YEARS, RESIDING AT ANGEL FIELD ESTATE, POSTAL ADDRESS NANDA CLINIC MYSORE ROAD SIDDAPUR SOUTH KODAGU-571253

¶22

…RESPONDENTS

¶23

THIS RFA IS FILED UNDER SECTION 96 OF CPC, 1908, AGAINST THE JUDGMENT AND DECREE DT.29.01.2025 PASSED IN OS.NO.189/2015 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, VIRAJPET, DISMISSING THE SUIT FOR RELIEF OF DECLARATION.

¶24

THIS APPEAL, COMING ON FOR ORDERS, THIS DAY,

¶25

JUDGMENT WAS DELIVERED THEREIN AS UNDER:

¶26

CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN and HON'BLE MR. JUSTICE VENKATESH NAIK T

¶27

¶28

NC: 2026:KHC:32734-DB RFA No. 1946 of 2025

¶29

HC-KAR

¶30