- 1 - NC: 2025:KHC:226-DB RFA No. 1796 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF JANUARY, 2025 PRESENT THE HON'BLE MR JUSTICE K.SOMASHEKAR AND THE HON'BLE MR JUSTICE VENKATESH NAIK T REGULAR FIRST APPEAL NO.1796 OF 2019 (PAR) BETWEEN: MRS. MARY LALITHRAJ W/O. LATE XAVIERRAJ AGED ABOUT 75 YEARS RESIDING AT NO.49, 2ND MAIN 5TH CROSS, CHAMARAJPET BENGALURU - 18. …APPELLANT (BY SRI RAJAGOPALA NAIDU, ADVOCATE) AND: MR. B. MARIRAJ MAJOR BY AGE S/O. LATE BHAGAWANTH RAJ. MRS. JOSEPHINE MARIRAJ MAJOR BY AGE W/O. LATE B. MARIRAJ. SINCE DEAD, REPRESENTED BY THEIR LEGAL REPRESENTATIVES: 1. MRS. SHAKUNTHALA D/O. LATE B. MARIRAJ AGED ABOUT 52 YEARS. 2. MRS. GEETHA D/O. LATE B. MARIRAJ AGED ABOUT 50 YEARS. Digitally signed by MOUNESHWARAPPA NAGARATHNA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:226-DB RFA No. 1796 of 2019 3. MRS. USHA D/O. LATE B. MARIRAJ AGED ABOUT 48 YEARS. 4. MR. MOHAN S/O. LATE B. MARIRAJ AGED ABOUT 45 YEARS. 5. MR. SURESH S/O. LATE B. MARIRAJ AGED ABOUT 43 YEARS. APPELLANT NOS.1 TO 5 ARE RESIDING AT NO.13 HUTCHINS ROAD, 3RD CROSS ST. THOMAS TOWN BENGALURU - 560 084. MRS. ROSALIE THILAKAN W/O. D. THILAKAN SINCE DEAD, REPRESENTED BY HER LEGAL REPRESENTATIVES: 6. MR. D. THILAKAN S/O. S. DEVADAS NAIDU AGED ABOUT 75 YEARS. 7. MR. MAHENDRA S/O. D. THILAKAN AGED ABOUT 49 YEARS. 8. MR. PRADEEP S/O. D. THILAKAN AGED ABOUT 45 YEARS. APPELLANT NOS.6 to 8 ARE RESIDING AT NO.163/7 MADHAVMUDALIAR ROAD, COX-TOWN BENGALURU. - 3 - NC: 2025:KHC:226-DB RFA No. 1796 of 2019 9. M/S. SKYLARK ASSOCIATES A PARTNERSHIP FIRM HAVING ITS OFFICE AT SKYLARK CHAMBERS NO.37/17A, YELLAPPACHETTY LAYOUT ULSOOR ROAD BENGALURU - 42 REPRESENTED BY ITS PARTNERS MR. SALEEM SHARIFF & MR. M. NOORULLA BAIG. 10. MRS. MARGATHAMRAJ W/O. LATE JOSEPH PRITHVIRAJ AGED ABOUT 65 YEARS RESIDING AT HUTCHINS ROAD BENGALURU - 84. …RESPONDENTS * * * THIS REGULAR FIRST APPEAL IS FILED UNDER ORDER XLI RULE 1 READ WITH SECTION 96 OF C.P.C., AGAINST THE JUDGMENT AND DECREE DATED 08.07.2019 PASSED IN O.S.NO. 15112 OF 2003 ON THE FILE OF THE XXVIII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, MAYOHALL UNIT BENGALURU, DISMISSING THE SUIT FOR PARTITION. THIS REGULAR FIRST APPEAL IS COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE K.SOMASHEKAR and HON'BLE MR JUSTICE VENKATESH NAIK T - 4 - NC: 2025:KHC:226-DB RFA No. 1796 of 2019 ORAL JUDGMENT (PER: HON'BLE MR JUSTICE K.SOMASHEKAR) This appeal is directed against the judgment and decree dated 8-7-2019 passed in Original Suit No.15112 of 2003 by the XXVIII Additional City Civil and Sessions Judge, Mayohall Unit, Bengaluru, wherein the suit of the plaintiff was dismissed with cost of Rs.20,000/- and she was directed to redeposit the 1/3rd share which was taken by her as per the order in Miscellaneous First Appeal No.2719 of 2003 within one month in order to enable the defendants to take their share as stated in paragraph No.34 of the trial Court's judgment. 2. In the meanwhile, Sri Rajagopala Naidu, learned counsel for the appellant, submits that the matter is compromised between the parties. 3. Submission of the learned counsel is taken on record. 4. Keeping in view the submission made by the learned counsel for the appellant and so also Section 151 of the Code of Civil Procedure, 1908, this appeal stands disposed of. - 5 - NC: 2025:KHC:226-DB RFA No. 1796 of 2019 In view of the disposal of the appeal, interlocutory applications, if any, shall stand dismissed. Sd/- (K.SOMASHEKAR) JUDGE Sd/- (VENKATESH NAIK T) JUDGE KVK List No.: 1 Sl No.: 7