Sri. K. Mahabala Adiga Vs Smt. Priyadarshini — Karnataka HC (2026) — LawSathi Research

Sri. K. Mahabala Adiga Vs Smt. Priyadarshini — Karnataka HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Appeal dismissed as withdrawn on the appellants' memo recording amicable settlement; impugned judgments and decrees of the courts below confirmed as prayed; Appellant No.1 received cheque No.439077 for Rs. 50,00,000/- drawn on Axis Bank, Bengaluru from the respondents, subject to realisation of the cheque; pending IA(s), if any, disposed of.

Ratio / Principle

The regular second appeal is dismissed as withdrawn. Learned counsel for the appellants filed a memo for withdrawal recording an amicable settlement arrived at between the parties outside the Court, receipt by the appellants of Rs. 50,00,000/- (Rupees Fifty lakh only) vide cheque No.439077 drawn on Axis Bank, Bengaluru from the respondents, subject to realisation of the cheque, and praying confirmation of the impugned judgments and decrees of the courts below; the memo was taken on record and Appellant No.1, present before the Court, received the cheque.

Key takeaways

In view of dismissal of the appeal, the pending interlocutory application(s), if any, stand disposed of.ratio¶73

Detailed headnote1 paragraphs

REGULAR SECOND APPEAL (DEC/INJ) UNDER SECTION 100 r/w ORDER 41 RULE 1 CPC — Appeal against judgment and decree dated 11.3.2013 in R.A.No.312/2010 (Principal District Judge, Bangalore Rural District, Bangalore) dismissing the first appeal against judgment and decree dated 1.10.2010 in O.S.No.1099/2002 (II Additional Civil Judge (Sr.Dn.), Bangalore Rural District, Bangalore). At the final hearing, learned counsel for the appellants filed a memo for withdrawal of the appeal stating that an amicable settlement had been arrived at between the parties outside the Court and that the appellants had received Rs. 50,00,000/- (Rupees Fifty lakh only) vide cheque No.439077 drawn on Axis Bank, Bengaluru from the respondents, subject to realisation of the cheque, and praying confirmation of the impugned judgments and decrees. Memo taken on record; Appellant No.1 present before the Court and received the cheque. HELD: appeal dismissed as withdrawn; pending IA(s), if any, disposed of. (Ashok S. Kinagi, J.)

1 -

NC: 2026:KHC:35114 RSA No. 1037 of 2013

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 9^TH DAY OF JULY, 2026

BEFORE

THE HON'BLE MR. JUSTICE ASHOK S.KINAGI

REGULAR SECOND APPEAL NO. 1037 OF 2013

(DEC/INJ)

BETWEEN:

SRI. K. MAHABALA ADIGA S/O KOTESWARA ADIGA AGED ABOUT 63 YEARS R/IN NO.2115 8^TH MAIN, D BLOCK II STAGE, RAJAJINAGAR BANGALORE-560010

SRI. GUNASHEKAR SINCE DEAD BY LEGAL REPRESENTATIVES

Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA

G MURALI AGED ABOUT 35 YEARS S/O LATE GUNASHEKAR R/AT No.4^TH CROSS, NAGAPPA BLOCK BANGALORE – 560 021

(DELETED VIDE COURT ORDER DATED 12.07.2023)

SRI. B VIJAYA KUMAR S/O NARASIMHA SWAMY R/AT No.1454

4^TH CROSS, NAGAPPA BLOCK BANGALORE – 560 021

(DELETED VIDE COURT ORDER DATED 12.07.2023)

2 - NC: 2026:KHC:35114 RSA No. 1037 of 2013

HC-KAR

SMT. CHANDRAMMA W/O A RAMALINGAM AGED ABOUT 69 YEARS R/IN No.12 6^TH CROSS, 60 FEET ROAD JC NAGAR, KURUBARAHALLI BANGALORE – 560 086

SRI. GURUSWAMY NAIDU SINCE DEAD BY LEGAL REPRESENTATIVES

SMT. RANI DAUGHTER IN LAW OF GURUSWAMY NAIDU AGED ABOUT 46 YEARS R/IN 6^TH CROSS MARIYAPPANAPALYA SRIRAMPURA BANGALORE – 560 021

SRI K SHANKARANARAYANA ADIGA S/O KOTESWARA ADIGA AGED ABOUT 61 YEARS R/IN NO.14 PUTTANNA ROAD BASAVANAGUDI BANGALORE-560004

SRI ANANTHA PADMANABHA ADIGA S/O NAGESWARA ADIGA AGED ABOUT 60 YEARS R/IN NO.1489/3 NEAR GANESH TIFFIN CENTRE MARIYAPPANAPALYA II STAGE, RAJAJINAGAR BANGALORE-560010

SRI S NARAYANA S/O LATE A SUBBAIAH AGED ABOUT 33 YEARS R/IN NO.273, 8TH CROSS, 2ND MAIN PRAKAH NAGARA BANGALORE-560021

3 - NC: 2026:KHC:35114 RSA No. 1037 of 2013

HC-KAR

SMT V KANAKA W/O R VINAYAGAM AGED ABOUT 51 YEARS R/IN NO.112/3 3RD CROSS, 2ND MAIN PRAKASH NAGAR BANGALORE-560021

SRI THANGAM SINCE DEAD BY LEGAL REPRESENTATIVES

C T SUNDAR S/O LATE THANGAM AGED ABOUT 41 YEARS R/IN No.5344 2^ND CROSS, 8^TH MAIN PRAKASH NAGAR BANGALORE – 560 021

SRI R MUTHUKAMACHARI S/O R RAMARAJACHARI AGED ABOUT 46 YEARS R/IN NO.531/A 8TH CROSS, 2ND MAIN PRAKASH NAGAR BANGALORE-560021

…APPELLANTS

(BY SRI. M.S. NARAYANA RAO, & MAHADEVAIAH, ADVOCATES FOR A1 TO A11 SRI. CHETHAN B, ADVOCATE FOR A1 AND A3 TO A11 SRI. SANJAY G, FOR A2 V/O DATED 12.07.2023 APPEAL OF A2 AND A3 IS DISMISSED AS NOT PRESSED)

AND:

SMT. PRIYADARSHINI W/O M KRISHNAPPA AGED ABOUT 50 YEARS

4 - NC: 2026:KHC:35114 RSA No. 1037 of 2013

HC-KAR

R/IN NO.2938/B SERVICE ROAD II STAGE VIJAYANAGAR BANGALORE-560040

SMT. SHAILAJA D/O K N AVALAPPA AGED ABOUT 45 YEARS R/OF 426, 8^TH MAIN, 5^TH CROSS HAMPI NAGAR (RPC LAYOUT) VIJAYANAGAR II STAGE BANGALORE – 560 104

SRI. H G BAIRAPPA S/O GANGADHARAPPA AGED ABOUT 68 YEARS R/OF #797, KIRAN NILAYA 11^TH BLOCK, II STAGE, NAGARABHAVI BANGALORE – 560 072

SRI. B. N. SUDEENDRA S/O LATE B S NAGARAJU AGED ABOUT 38 YEARS R/OF #15, G/2 ANJANADRI APTRS 7^TH MAIN, 8^TH CROSS, RAJEEVNAGAR BSK II STAGE BANGALORE – 560 096

5(A) SMT. J NEETHU W/O HARISHANKAR AGED ABOUT 38 YEARS

5(B) SRO D HARISHANKAR S/O LATE K L DIWAKARACHAR AGED ABOUT 40 YEARS

BOTH 5(A) AND 5(B) ARE R/AT #30/73 VINAYAKA KRUPA, 75^TH ‘B’ CROSS 6^TH BLOCK, GUBBANNA LAYOUT RAJAJINAGAR, BANGALORE-560 010.

5 - NC: 2026:KHC:35114 RSA No. 1037 of 2013

HC-KAR

6(A) SRI B N SRIDARA MURTHY S/O LATE BAPU NARAYAN RAO AGED ABOUT 76 YEARS

6(B) SMT. M S SAVITHRAMMA W/O B N SRIDARA MURTHY AGED ABOUT 70 YERS

BOTH 6(A) AND 6(B) ARE R/AT #47/11. “SRINIVASA” 3^RD MAIN MOUNT JOY EXTENSION HANUMANTHANAGAR BANGALORE-560019.

7 SMT. SUMITHRAMMA W/O LATE M P GANGADHARAIAH AGED ABOUT 62 YEARS R/AT OF #16/3, 7^TH MAIN SUBBANNA GARDEN, BANGALORE-560004.

8 SRI DARSHAN JAYAKUMAR S/O JAYAKUMAR S AGED ABOUT 31 YEARS R/AT #543,2^ND A CROSS 3^RD MAIN 3^RD BLOCK, 3^RD STAGE BASAWESHWARA NAGARA BANGALORE-560079.

…RESPONDENTS

(BY SRI. M.S. SHETTY & HEDGE ASSTS, FOR SRI. KIRAN J, ADVCOATE FOR SMT. LATHA SHETTY & VAIBAV RAMESH, & FARAH FATHIMA, ADVOCATES FOR R1: SRI. BIPIN HEGEDE, & K. MANJUNATH, ADVOCATES FOR C/R1:

SRI K PRASANNA SHETTY, ADVCOATE FOR R2 TO R4, R5(A & B), R6(A & B) R7 AND R8)

THIS RSA IS FILED U/S. 100 R/W ORDER 41 RULE 1 OF CPC AGAINST THE JUDGEMENT & DECREE DTD 11.3.2013 PASSED IN R.A.NO.312/2010 ON THE FILE OF THE PRINCIPAL

6 - NC: 2026:KHC:35114 RSA No. 1037 of 2013

HC-KAR

DISTRICT JUDGE, BANGALORE RURAL DISTRICT, BANGALORE, DISMISSING THE APPEAL FILED AGAINST THE JUDGEMENT AND DECREE DTD 1.10.2010 PASSED IN OS.NO.1099/2002 ON THE FILE OF II ADDITIONAL CIVIL JUDGE (SR.DN.), BANGALORE RURAL DISTRICT, BANGALORE.

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

CORAM: HON'BLE MR. JUSTICE ASHOK S.KINAGI

ORAL JUDGMENT

Learned counsel for the appellants has filed a memo for withdrawal of the appeal stating that, in view of the amicable settlement arrived at between the parties outside the Court and the appellants having received ₹50,00,000/(Rupees Fifty lakh only) vide cheque bearing No.439077 drawn on Axis Bank, Bengaluru from the respondents, subject to the realisation of the above cheque, the appellants are not interested in further prosecuting the appeal. Hence, prays to confirm the impugned judgments and decrees passed by the Courts below.

Memo is taken on record.

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NC: 2026:KHC:35114 RSA No. 1037 of 2013

HC-KAR

Appellant No.1 is present before the Court and

receives the cheque bearing No.439077 for ₹50,00,000/-.

Accordingly, the appeal is dismissed as

withdrawn .

In view of dismissal of the appeal, pending

IA(s), if any, shall stand disposed of.

Sd/(ASHOK S.KINAGI) JUDGE

PA

List No.: 2 Sl No.: 1

Parties & counsel

AI extract

appellant
Sri. K. Mahabala Adiga (Appellant No.1)¶11
M.S. Narayana Rao, Mahadevaiah, Chethan B
appellant
Sri. Gunashekar (Appellant No.2, since dead by legal representatives; deleted vide court order dated 12.07.2023)¶12
M.S. Narayana Rao, Mahadevaiah, Sanjay G
appellant
G Murali (legal representative of deceased Appellant No.2 Sri. Gunashekar; deleted vide court order dated 12.07.2023)¶14
M.S. Narayana Rao, Mahadevaiah, Sanjay G
appellant
Sri. B Vijaya Kumar (Appellant No.3; deleted vide court order dated 12.07.2023)¶16
M.S. Narayana Rao, Mahadevaiah, Chethan B
appellant
Smt. Chandramma (Appellant No.4)¶21
M.S. Narayana Rao, Mahadevaiah, Chethan B
appellant
Sri. Guruswamy Naidu (Appellant No.5, since dead by legal representatives)¶22
M.S. Narayana Rao, Mahadevaiah, Chethan B
appellant
Smt. Rani (daughter-in-law and legal representative of deceased Appellant No.5 Sri. Guruswamy Naidu)¶23
M.S. Narayana Rao, Mahadevaiah, Chethan B
appellant
Sri. K Shankaranarayana Adiga (Appellant No.6)¶24
M.S. Narayana Rao, Mahadevaiah, Chethan B
appellant
Sri. Anantha Padmanabha Adiga (Appellant No.7)¶25
M.S. Narayana Rao, Mahadevaiah, Chethan B
appellant
Sri. S Narayana (Appellant No.8)¶26
M.S. Narayana Rao, Mahadevaiah, Chethan B
appellant
Smt. V Kanaka (Appellant No.9)¶29
M.S. Narayana Rao, Mahadevaiah, Chethan B
appellant
Sri. Thangam (original Appellant No.10, since dead by legal representatives)¶30
M.S. Narayana Rao, Mahadevaiah, Chethan B
appellant
C T Sundar (Appellant No.10, son and legal representative of late Thangam)¶31
M.S. Narayana Rao, Mahadevaiah, Chethan B
appellant
Sri. R Muthukamachari (Appellant No.11)¶32
M.S. Narayana Rao, Mahadevaiah, Chethan B
respondent
Smt. Priyadarshini (Respondent No.1)¶36
M.S. Shetty, Hedge, Kiran J, Latha Shetty, Vaibav Ramesh, Farah Fathima, Bipin Hegede, K. Manjunath
respondent
Smt. Shailaja (Respondent No.2)¶40
K. Prasanna Shetty
respondent
Sri. H G Bairappa (Respondent No.3)¶41
K. Prasanna Shetty
respondent
Sri. B. N. Sudeendra (Respondent No.4)¶42
K. Prasanna Shetty
respondent
Smt. J Neethu (Respondent No.5(A))¶43
K. Prasanna Shetty
respondent
Sri. D Harishankar (Respondent No.5(B))¶44
K. Prasanna Shetty
respondent
Sri. B N Sridara Murthy (Respondent No.6(A))¶48
K. Prasanna Shetty
respondent
Smt. M S Savithramma (Respondent No.6(B))¶49
K. Prasanna Shetty
respondent
Smt. Sumithramma (Respondent No.7)¶51
K. Prasanna Shetty
respondent
Sri. Darshan Jayakumar (Respondent No.8)¶52
K. Prasanna Shetty

Coram

AI extract

Ashok S. Kinagiauthor¶61