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2025 DAILYLAW 15899 (KAR)

SRI S N VENKATESHA SETTY v. SRI S N KODANDAPPA

RSA/1066/2018 · 2025-04-09

Ashok S Kinagi

body2025

Judgment text

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- 1 - NC: 2025:KHC:15350 RSA No. 1066 of 2018 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE ASHOK S.KINAGI REGULAR SECOND APPEAL NO. 1066 OF 2018 (PAR) BETWEEN: SRI S N VENKATESHA SETTY AGED ABOUT 57 YEARS S/O LATE SHETTY NARAYANAPPA, R/O. YALDUR VILLAGE AND HOBLI, SRINIVASPUR TALUK, PIN - 563 135. …APPELLANT (BY SRI. VINOD REDDY V., ADVOCATE) AND: 1. SRI S N KODANDAPPA AGED ABOUT 52 YEARS S/O.LATE SHETTY NARAYANAPPA, 2. SRI S N RADHAKRISHANA AGED ABOUT 47 YEARS S/O LATE SHETTY NARAYANAPPA, 3. SRI S N MANJUNATHA AGED ABOUT 52 YEARS S/O LATE SHETTY NARAYANAPPA, 4(A). SMT NAGARATHNAMMA DEAD BY LRS, SRI RAGHUNATHAPPA, AGED ABOUT 52 YEARS, S/O LATE VENKATAPPA, Digitally signed by SUNITHA K S Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:15350 RSA No. 1066 of 2018 4(B). SRI LOKESH AGED ABOUT 25 YEARS S/O RAGHUNATHAPPA, 4(C). SRI VIKAS AGED ABOUT 23 YEARS S/O RAGHUNATHAPPA, R4(A) TO R4(C) ARE ALL RESIDENTS OF CHELUR VILLAGE BAGAPALLI TALUK, CHIKKABALLAPURA DISTRICT, NOW R/AT VENKATESHWARA OPTICAL CONTACT LENS CENTER, FRONT OF VENKATACHALA NURSING HOME, J.C.ROAD, SRINIVASAPUR TOWN - 563 135. 5. SMT PARVATHAMMA AGED ABOUT 40 YEARS D/O. LATE SEETI NARAYANAPPA, W/O. KARUNAKARA, R/AT THATIMAKANAPALAYA, PUNGANUR, CHITTOOR DISTRICT, ANDHRA PRADESH - 517 247 6. SMT SHANTHAMMA AGED ABOUT 30 YEARS D/O LATE SEETI NARAYANAPPA, 7. SMT LAKSHMIDEVAMMA DECEASED ON 25.10.2023 AND CLASS-I LRs ALREADY ON RECORD 8. SMT CHINNAMMA AGED ABOUT 45 YEARS W/O. NARAYANAPPA, R1 TO R3 AND R6 TO R8 ARE ALL RESIDENTS OF YELDUR VILLAGE AND HOBLI, - 3 - NC: 2025:KHC:15350 RSA No. 1066 of 2018 SRINIVASAPUR TLUK, KOLAR DISTRICT PIN:563 135. …RESPONDENTS (BY SRI. RAHUL S. REDDY, ADVOCATE FOR R1 TO R3, R4(A TO C), R5, R6 AND R8 VIDE ORDER DATED 25.10.2023, R7 IS DECEASED AND HER CLASS - I LRS ALREADY ON RECORD) THIS RSA IS FILED U/S. 100 OF CPC AGAINST THE JUDGMENT AND DECREE DATED 18.01.2018 PASSED IN R.A.NO.1/2016 ON THE FILE OF THE PRL. SENIOR CIVIL JUDGE KOLAR DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 25.11.2015 PASSED IN O.S.NO.06/2005 ON THE FILE OF THE ADDL. CIVIL JUDGE AND JMFC, SRINIVASPUR. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE ASHOK S. KINAGI ORAL JUDGMENT This Court vide order dated 13.01.2025, with the consent of both the parties, referred the matter to Karnataka Mediation Centre, Bengaluru. Pursuant to the order passed by this Court, the parties have appeared before the Karnataka Mediation Centre, Bengaluru. The parties have filed a memorandum of settlement under Section 89 of CPC read with Rules 24 and 25 of the Karnataka Civil Procedure (Mediation) Rules, 2025, wherein the parties have settled the dispute between them. - 4 - NC: 2025:KHC:15350 RSA No. 1066 of 2018 2. The memorandum of settlement is taken on record. 3. Accordingly, Appeal is disposed of in terms of memorandum of settlement. Office is directed to draw the decree in terms of memorandum of settlement. In view of disposal of appeal, I.A.No.1/2018 is also disposed of. Sd/- (ASHOK S. KINAGI) JUDGE BNV List No.: 1 Sl No.: 18