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2025 DAILYLAW 30400 (KAR)

SMT SUSHEELAMMA v. SRI M KRISHNAPPA

RFA/1122/2021 · 2025-06-25

S Rachaiah

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:22312 RFA No. 1122 of 2021 C/W RFA No. 1105 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S RACHAIAH RFA NO.1122 OF 2021 (INJ) C/W RFA NO.1105 OF 2021 (INJ) IN RFA No. 1122/2021 BETWEEN: SMT SUSHEELAMMA W/O LATE N SAMPANGI AGE 72 YEARS, R/AT NO 968 2ND BLOCK, HBR LAYOUT BEHIND NARENDRA TENT ARABIC COLLEGE POST BENGALURU - 560 043. …APPELLANT (BY SRI. RAVINDRA PRASAD B., ADV.) AND: SRI M KRISHNAPPA S/O LATE MUNIVENKATADAS AGE 67 YEARS, R/AT 67 YEARS R/AT NO 70/A, 3RD CROSS T CHANNAIAH LAYOUT NAGAWARA, ARABIC COLLEGE POST BENGALURU 560 045. …RESPONDENT (BY SRI. R. KRISHNAPPA., ADV. FOR C/R.) THIS RFA IS FILED UNDER SECTION 96 OF THE CPC, AGAINST THE JUDGMENT AND DECREE DATED 07.10.2021 PASSED IN OS.NO.5529/2014 ON THE FILE OF THE XLII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU, DISMISSING THE SUIT FOR INJUNCTION. Digitally signed by SREEDHARAN BANGALORE SUSHMA LAKSHMI Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:22312 RFA No. 1122 of 2021 C/W RFA No. 1105 of 2021 IN RFA NO. 1105/2021 BETWEEN: 1. SMT SUSHEELAMMA W/O LATE N SAMPANGI AGED ABOUT 72 YEARS 2. SRI GOPI S/O LATE N SAMPANGI AGE 42 YEARS 3. SRI YATHIRAJU S/O LATE N SAMPANGI AGED ABOUT 40 YEARS ALL ARE R/AT NO.968 2ND BLOCK, HBR LAYOUT BEHIND NARENDRA TENT, ARABIC COLLEGE POST BENGALURU-560 043 ...APPELLANTS (BY SRI. RAVINDRA PRASAD B., ADV.) AND: 1. SMT V NAGARATHNA W/O M KRISHNAPPA AGED ABOUT 61 YEARS 2. SRI M KRISHNAPPA S/O LATE MUNIVENKATADAS AGE 67 YEARS RESPONDENT NOS.1 AND 2 ARE R/AT NO.70/A, 3RD CROSS T CHANNAIAH LAYOUT, NAGAWARA ARABIC COLLEGE POST BENGALURU-560 045. 3. SMT DHANALAKSHMI D/O LATE N SAMPANGI AGED ABOUT 52 YEARS - 3 - HC-KAR NC: 2025:KHC:22312 RFA No. 1122 of 2021 C/W RFA No. 1105 of 2021 4. SMT YASHODA D/O LATE N SAMPANGI W/O SRI SURESH AGE 50 YEARS 5. SMT CHINNAMMA D/O LATE N SAMPANGI W/O SRI CHAYAPATHI AGE 48 YEARS 6. SMT BHARATHI D/O LATE N SAMPANGI W/O SRI RAVI AGED ABOUT 45 YEARS 7. SMT MANJULA D/O LATE N SAMPANGI AGE 43 YEARS RESPONDENT NO.3 TO 7 ARE R/AT NO.968 2ND BLOCK HBR LAYOUT BEHIND NARENDRA TENT ARABIC COLLEGE POST BENGALURU-560 043. 8. SRI RAVI HUSBAND OF BHARATHI S/O NOT KNOWN AGE 61 YEARS PRESENTLY R/AT NO.306 ASHOKA ROAD VEERANAGERE MYSORE-570 001 ...RESPONDENTS (BY SRI. KRISHNAPPA R., ADV. FOR C/R) THIS RFA IS FILED UNDER SECTION 96 OF CPC AGAINST THE JUDGMENT AND DECREE DATED 07.10.2021 PASSED IN OS.No.4343/2014 ON THE FILE OF THE XLII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU, DECREEING THE SUIT FOR PERMANENT INJUNCTION. THESE APPEALS, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 4 - HC-KAR NC: 2025:KHC:22312 RFA No. 1122 of 2021 C/W RFA No. 1105 of 2021 CORAM: HON'BLE MR JUSTICE S RACHAIAH ORAL JUDGMENT Learned counsel for the appellants filed a memo in both cases seeking permission to withdraw the appeals. The memo in both cases reads as under: “In view of the above matter, the parties are settled the dispute before the Trial Court in Ex No. 672/2022. The parties are filed the compromise Petition under order XXIII Rule 3 of CPC, before the trial court and the said Ex No. 672/2022 also disposed of in terms of the compromise Petition. Hence the instant Appeal is does not survive for consideration. Hence that this Hon'ble Court may kindly be pleased the Appellants to withdraw the instant Appeal. In the interest of justice and equity.” Having considered the averments of the said memo, leave granted. The appeals stand dismissed as withdrawn. In view of disposal of the appeals, pending applications, if any, stands disposed of. Sd/- (S RACHAIAH) JUDGE UN List No.: 1 Sl No.: 13