Smt. B.A. Bhagirathamma Vs Smt. K.M. Mythri — Karnataka HC (2026) — LawSathi Research

Smt. B.A. Bhagirathamma Vs Smt. K.M. Mythri — Karnataka HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Appellant permitted to withdraw the appeal; Regular Second Appeal No. 988/2021 dismissed as withdrawn pursuant to application I.A.No.1/2026 and the appellant's supporting affidavit.

Issue for consideration

Whether the pending Regular Second Appeal (RSA No. 988/2021) should be permitted to be withdrawn and dismissed as withdrawn in view of the appellant's application I.A.No.1/2026 and affidavit recording her agreement to withdraw so the parties can settle O.S.No.25/2023, whose plaint schedule properties include the subject property of this appeal.

Court's answer

Having regard to the appellant's affidavit (I.A.No.1/2026) stating that she agreed and assured the defendants in O.S.No.25/2023 that she would withdraw this appeal to enable an amicable settlement for partition of the plaint schedule properties (which include the subject property of this appeal), the Court held that 'in view of the above', the appeal stands dismissed as withdrawn.

Detailed headnote1 paragraphs

High Court of Karnataka, Bengaluru — Oral Judgment of Hon'ble Mrs. Justice K.S. Hemalekha, dated 5 March 2026, in Regular Second Appeal No. 988 of 2021 (DEC/POS) under Section 100 CPC. The RSA was directed against the judgment and decree dated 03.09.2020 in R.A.No.10/2020 (Senior Civil Judge and JMFC, Mudigere), whereby the first appeal was allowed and the judgment and decree dated 21.04.2020 in O.S.No.3/2013 (Principal Civil Judge and JMFC, Mudigere) was set aside. On the hearing of an interlocutory application, learned counsel for the appellant (Sri Shamanna) filed I.A.No.1/2026 with the appellant's affidavit stating that respondent No.1 is her daughter-in-law; that, at the intervention of well-wishers, she and the defendants in O.S.No.25/2023 — whose plaint schedule properties include the subject property of this appeal — had arrived at an amicable settlement for partition; that the pendency of the RSA was causing inconvenience to the parties in compromising O.S.No.25/2023; and that she had therefore agreed and assured the defendants that she would withdraw the appeal. Holding 'in view of the above', the Court dismissed the appeal as withdrawn.

NC: 2026:KHC:13528 RSA No. 988 of 2021

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HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 5^TH DAY OF MARCH, 2026

BEFORE

THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA

REGULAR SECOND APPEAL NO.988 OF 2021 (DEC/POS)

BETWEEN:

SMT. B.A. BHAGIRATHAMMA AGED ABOUT 75 YEARS, S/O H.T. PUTTASWAMY GOWDA, PRESENTLY R/AT B. HOSAHALLI VILLAGE & POST, BANAKAL HOBLI, MUDIGERE TALUK, CHIKKAMAGALURU-577101. …APPELLANT

(BY SRI SHAMANNA, ADVOCATE)

AND:

SMT. K.M. MYTHRI AGED ABOUT 39 YEARS, W/O. LATE SRI H.P. PRATHAP,

Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA

SRI K.M. MANJE GOWDA, AGED ABOUT 83 YEARS, FATHERS NAME NOT KNOWN,

SMT. SAROJAMMA AGED ABOUT 63 YEARS, W/O. K.M. MANJE GOWDA,

ALL ARE R/O BHARATHIBAIL VILLAGE, B. HOSAHALLI POST, BANKAL HOBLI, MUDIGERE-577132 CHIKKAMAGALURU DISTRICT. …RESPONDENT

THIS RSA IS FILED UNDER SECTION 100 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 03.09.2020 PASSED IN R.A.NO.10/2020 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC., MUDIGERE, ALLOWING THE APPEAL AND SET ASIDE THE

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HC-KAR

JUDGMENT AND DECREE DATED 21.04.2020 PASSED IN O.S.NO.3/2013 ON THE FILE OF THE PRINCIPAL CIVIL JUDGE AND JMFC., MUDIGERE.

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

CORAM: HON'BLE MRS. JUSTICE K.S. HEMALEKHA

ORAL JUDGMENT

Learned counsel for the appellant has filed application i.e., I.A.No.1/2026 along with affidavit sworn by the appellant and at paragraph No.3, it is stated as under:

" 3. I state that the 1^st respondent herein is my daughter in law and now at the intervention of well wishers defendants in the above said suit in O.S.No.25/2023 and me have arrived for amicable settlement for partitioning the plaint schedule properties in O.S.No.25/2023. As stated above the plaint schedule properties in O.S.No.25/2023 are also includes the subject property in this appeal. I further state that the pendency of this appeal is causing inconvenience to the parties in the said O.S.No.25/2023 for proceeding for compromise the matter. Hence I have agreed and assured to the defendants in the above said suit that I will withdraw this appeal to enable all the parties to arrive for

NC: 2026:KHC:13528 RSA No. 988 of 2021

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HC-KAR

amicable settlement. Hence in view of the same I am filing this application for withdraw the above appeal. "

In view of the above, the appeal is dismissed as

withdrawn.

Sd/-

_____________________ JUSTICE K.S. HEMALEKHA

PHM List No.: 1 Sl No.: 21