Regular second appeals and cross-objection concerning partition of family properties were not pressed after the parties settled their disputes by registered partition deed dated 29.05.2026; memos were filed seeking dismissal as withdrawn.
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NC: 2026:KHC:31731 RSA No. 1751 of 2022 C/W RSA No. 1749 of 2022 RSA.CROB No. 2 of 2023
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF JUNE, 2026
BEFORE
THE HON'BLE MR. JUSTICE V SRISHANANDA REGULAR SECOND APPEAL NO. 1751 OF 2022 (PAR)
C/W
REGULAR SECOND APPEAL NO. 1749 OF 2022 RSA CROSS OBJECTION NO. 2 OF 2023
IN RSA No. 1751/2022
BETWEEN:
Digitally signed by MALATESH K C Location: HIGH COURT OF KARNATAKA
BOTH ARE R/O MADAPURA VILLAGE, KASABA HOBLI, CHAMARAJANAGARA TALUK, CHAMARAJANAGARA DISTRICT - 571 313.
…APPELLANTS
(BY SRI. NANJUNDA SWAMY N., ADVOCATE)
AND:
HC-KAR
AGED ABOUT 54 YEARS, R/AT NO.307, RAMABAI NAGARA, GURUR ROAD, MYSURU - 570 008.
…RESPONDENTS
(BY SRI. RANGARAMU V., ADVOCATE FOR R1 TO R3
VIDE ORDER DATED 01.03.2023 NOTICE IN R/O R4 IS D/W)
NC: 2026:KHC:31731 RSA No. 1751 of 2022 C/W RSA No. 1749 of 2022 RSA.CROB No. 2 of 2023
HC-KAR
THIS RSA IS FILED UNDER SECTION 100 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 29.06.2022 PASSED IN RA.NO.5046/2018 ON THE FILE OF THE ADDITIONAL DISTRICT AND SESSIONS JUDGE, CHAMARAJANAGARA (SITTING AT KOLLEGALA) DISMISSING THE APPEAL AND FILED AGAINST THE JUDGMENT AND DECREE DATED 02.02.2017 PASSED IN O.S.NO.29/2008 ON THE FILE OF THE SENIOR CIVIL JUDGE AND CJM, CHAMARAJANAGAR.
IN RSA NO. 1749/2022
BETWEEN:
BOTH ARE R/O MADAPURA VILLAGE KASABA HOBLI CHAMARAJANAGARA TALUK CHAMARAJANAGARA DISTRICT - 571 313.
...APPELLANTS
(BY SRI. NANJUNDA SWAMY N., ADVOCATE)
AND:
HC-KAR
AGED ABOUT 54 YEARS R/AT NO.307, RAMABAI NAGARA GURUR ROAD
MYSURU - 570 008.
...RESPONDENTS
(BY SRI. RANGARAMU V., ADVOCATE FOR R1 TO R3 VIDE ORDER DATED 01.03.2023, NOTICE IN R/O R4 IS D/W)
NC: 2026:KHC:31731 RSA No. 1751 of 2022 C/W RSA No. 1749 of 2022 RSA.CROB No. 2 of 2023
HC-KAR
THIS RSA IS FILED UNDER SECTION 100 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 29.06.2022 PASSED IN RA.NO.5046/2018 ON THE FILE OF THE ADDITIONAL DISTRICT AND SESSIONS JUDGE, CHAMARAJANAGARA, (SITTING AT KOLLEGALA), DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 02.02.2017 PASSED IN O.S.NO.29/2008 ON THE FILE OF THE SENIOR CIVIL JUDGE AND CJM, CHAMARAJANAGAR.
IN RSA.CROB NO. 2/2023
BETWEEN:
NC: 2026:KHC:31731 RSA No. 1751 of 2022 C/W RSA No. 1749 of 2022 RSA.CROB No. 2 of 2023
HC-KAR
3RD CROSS, A AND B BLOCK KUVEMPU NAGARA MYSURU - 570 023
...APPELLANTS
(BY SRI. RANGARAMU V., ADVOCATE)
AND:
BOTH ARE R/AT MADAPURA VILLAGE KASABA HOBLI
CHAMARAJA NAGAR TALUK
CHAMARAJA NAGAR DISTRICT - 571 313
W/O LATE PUTTANNA AGED 63 YEARS R/ AT BEHIND GOVT. SCHOOL MAIN ROAD, HALAHALLI VILLAGE KASABA HOBLI KOLLEGAL TALUK - 571 440
...RESPONDENTS
(BY SRI. NANJUNDA SWAMY N., ADVOCATE)
THIS RSA CROB IS FILED UNDER ORDER 41 RULE 22 OF CPC PRAYING THAT THIS HON'BLE COURT BE PLEASED TO ALLOW THIS CROSS OBJECTION AND THEREBY MODIFY THE JUDGMENT AND DECREE PASSED BY THE FIRST
NC: 2026:KHC:31731 RSA No. 1751 of 2022 C/W RSA No. 1749 of 2022 RSA.CROB No. 2 of 2023
HC-KAR
APPELLATE COURT IN THE LIGHT OF ABOVE FACTS AND THEREBY DECREE THE SUIT OF THE PLAINTIFFS/RESPONDENTS 1, 2 AND 3/CROSS OBJECTORS NO.1, 2 AND 3 HEREIN IN ITS ENTIRETY AS PRAYED FOR IN THE PLAINT BY DECREEING THE SUIT FOR THE PLAINITFFS' 15/16TH SHARE IN THE SUIT SCHEDULE PROPERTIES AND ETC.
THESE APPEALS AND RSA CROB, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE V SRISHANANDA
ORAL JUDGMENT
Learned counsel for the appellants has filed memos in RSA No.1751/2022 and RSA No.1749/2022. Memos in both appeals read as under:
"The Appellants respectfully submit that the parties have settled their disputes out of court and have entered registered partition deed dated 29.05.2026. As such the Appellants are not pressing the above appeal. Under the above circumstances it is respectfully prayed that this Hon'ble Court may be please to pass necessary orders and dismiss above appeal as not pressed, in the above case in the interest of justice and equity."
NC: 2026:KHC:31731 RSA No. 1751 of 2022 C/W RSA No. 1749 of 2022 RSA.CROB No. 2 of 2023
HC-KAR
Learned counsel for the appellants has filed a memo in
RSA.Crob No.2/2023. Memo reads as under:
"In this above RSA Crob.No.2/2023 parties have settled and regd. their in regd. partition deed. It may be permitted to withdrawn as dismissed. "
Placing memos on record, appeals stand dismissed as
withdrawn.
Sd/(V SRISHANANDA)
JUDGE
BH List No.: 1 Sl No.: 17
2 provisions across 1 enactments
Smt. Revamma W/o Late M Guruswamy
Smt Mamatha W/o Nataraju, D/o Late M Guruswamy
Smt. Jayamma D/o Late M Guruswamy, W/o Basavanna
Smt Maithramma @ Maithri D/o Late M Guruswamy, W/o Mahadevu
Sri Kamalakshi @ G Sakamma D/o Late M Guruswamy, W/o Murulidhar
Sri Sakamma W/o Puttanna
V Srishananda
As recorded by the court registry
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