Research › Search › Judgment

High Court of Karnataka · body

2025 DAILYLAW 51088 (KAR)

SMT T GOWRAMMA v. SMT LEELAVATHI BABITHA NAGESH

RFA/781/2013 · 2025-09-09

Jayant Banerji, Umesh M Adiga

Original Suitbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:35268-DB RFA No. 781 of 2013 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF SEPTEMBER, 2025 PRESENT THE HON'BLE MR. JUSTICE JAYANT BANERJI AND THE HON'BLE MR. JUSTICE UMESH M ADIGA REGULAR FIRST APPEAL NO. 781 OF 2013 (DEC/PAR) BETWEEN: SMT.T.GOWRAMMA, WIFE OF T.B.UGRAPPA, AGED ABOUT 67 YEARS, RESIDING AT NO.574, 9TH MAIN, M.C.LAYOUT, VIJAYANAGAR, BANGALORE-560 040. &APPELLANT (BY SRI.S.VASANTH MADHAV., ADVOCATE) AND: 1. SMT LEELAVATHI BABITHA NAGESH, WIFE OF T.U.NAGESH, AGED ABOUT 33 YEARS, RESIDING AT NO.2, J.P.NAGAR, 6TH PHASE, 33RD MAIN ROAD, YELLAMMA TEMPLE, BANGALORE-560 078. 2. SMT.T.SHARADA, WIFE OF H.MUDDARANGASWAMY, AGED ABOUT 50 YEARS, Digitally signed by K G RENUKAMBA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:35268-DB RFA No. 781 of 2013 RESIDING AT NO.124, L & G, KHB COLONY, 2ND STAGE, 7TH MAIN, BASAVESHWARNAGAR, BANGALORE-560 079. 3. SMT.T.PRAMILA, WIFE OF G.V.RAMAKRISHNAPPA, AGED ABOUT 48 YEARS, RESIDING AT NO.12, SREE LAKSHMI, 4TH MAIN, NANJARASAPPA COLONY, NAGARABHAVI MAIN ROAD, BANGALORE-560 072. 4. SMT T.U.NIRMALA, WIFE OF N.PRASHANTH, AGED ABOUT 37 YEARS, RESIDING AT NO.529/A, 9TH MAIN ROAD, M C LAYOUT, VIJAYANAGAR, BANGALORE-560 040. &RESPONDENTS (BY SMT.N.PADMAVATHI, ADVOCATE FOR R1 SRI.M.MADHAVACHAR, ADVOCATE FOR R3) THIS REGULAR FIRST APPEAL IS FILED UNDER SECTION 96 OF CPC AGAINST THE JUDGMENT AND DECREE DATED 01.02.2013 PASSED IN O.S.NO.3417/2008 ON THE FILE OF THE XVII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU, DECREEING THE SUIT FOR DECLARATION AND PARTITION. - 3 - HC-KAR NC: 2025:KHC:35268-DB RFA No. 781 of 2013 THIS APPEAL, COMING ON FOR ORDERS THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE JAYANT BANERJI and HON'BLE MR. JUSTICE UMESH M ADIGA ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE JAYANT BANERJI) The memo for withdrawal of this appeal has been filed by the learned counsel for the applicant stating that a settlement has been arrived at between the parties in Final Decree Proceedings (FDP) No.68/2013 filed by respondent No.1 before the trial Court. 2. It is stated that in view of the settlement arrived between the parties, the legal representative of the appellant who is also respondent No.4 in this appeal has moved this memo for dismissal of the appeal as settled and for refund of the Court fee. 3. This appeal is accordingly dismissed as withdrawn. 4. In terms of Sub-Section 2 of Section 66 of the Karnataka Court Fees and Suits Valuation Act, 1958 the - 4 - HC-KAR NC: 2025:KHC:35268-DB RFA No. 781 of 2013 amount of Court fee shall be refunded in accordance with law to the party who has paid such fee or to the legal representative of deceased party. In view of dismissal of the appeal, all pending I.As. stand disposed of. Sd/- (JAYANT BANERJI) JUDGE Sd/- (UMESH M ADIGA) JUDGE BVK List No.: 1 Sl No.: 9