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2025 DAILYLAW 29162 (KAR)

SMT. ASHWATHAMMA v. SRI L KRISHNA PRASAD

RFA/1465/2022 · 2025-04-07

S R Krishna Kumar

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - NC: 2025:KHC:14647 RFA No. 1465 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR REGULAR FIRST APPEAL NO.1465/2022 (MON) BETWEEN: 1. SMT. ASWATHAMMA W/O LATE M VENKATESH AGED ABOUT 62 YEARS 2. SMT. JEEVITHA D/O LATE M VENKATESH AGED ABOUT 31 YEARS BOTH ARE R/AT NO.4 NEW NO.8/1, 1ST FLOOR SRI ANNAPOORNESHWARI NILAYA 14TH CROSS, G M PALYA BYRASANDRA MAIN ROAD BENGALURU -560075. …APPELLANTS (BY SRI. M MADHUSUDAN, ADV. FOR SRI VISWANATHA SETTY V., ADV.) AND: 1. SRI L KRISHNA PRASAD S/O L BHASKAR NAIDU AGED ABOUT 43 YEARS, R/AT NO.C2/2 PHASE-1 DRDO COMPLEX C V RAMANNAGAR BENGALURU -560 093. Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - NC: 2025:KHC:14647 RFA No. 1465 of 2022 2. VIMALA D/O LATE M VENKATESH AGED ABOUT 36 YEARS, R/O G MUDDENAHALLI VILLAGE NARAYANAPURA POST DEVANAHALLI TALUK BANGALORE RURAL DISTRICT. …RESPONDENTS (BY SRI. MOHAMMED SADEER AHMED, ADV. FOR R1 NOTICE TO R2 IS D/W V/O DATED 17/03/2023) THIS APPEAL IS FILED UNDER SECTION 96 R/W ORDER 41 RULE 1 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 04.12.2021 PASSED IN OS NO.25249/2016 ON THE FILE OF THE LXXIV ADDL. CITY CIVIL AND SESSIONS JUDGE, MAYOHALL UNIT, CITY CIVIL COURT, BENGALURU (CCH-75), DECREEING THE SUIT FOR RECOVERY OF MONEY. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR ORAL JUDGMENT Learned counsel for the appellants files a memo dated 07.04.2025 which reads as follows: “The appellants abovenamed humbly prays that this Hon’ble Court may be pleased to dismiss the above appeal as settled the matter before Execution Court in Ex.No.25294/2022. Hence, the same may be accepted. Office may be directed to return the Court Fee paid by - 3 - NC: 2025:KHC:14647 RFA No. 1465 of 2022 the appellants in the above case. Hence, this memo.” In view of the settlement arrived at between the parties before the Execution Court and in the light of the memo of the appellants, the appeal is disposed of as withdrawn and settled out of Court. In view of the settlement arrived at between the parties, resulting in disposal of the appeal as withdraw, the Registry is directed to refund the entire (100%) Court Fee on the memorandum of appeal, forthwith. Sd/- (S.R.KRISHNA KUMAR) JUDGE MPK CT:bms List No.: 1 Sl No.: 5