Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:34570 RFA No. 1796 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 3RD DAY OF SEPTEMBER, 2025
BEFORE
THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA
REGULAR FIRST APPEAL NO.1796 OF 2023 (EJE)
BETWEEN:
SRI. M.R. LAKSHMANAPPA, S/O LATE SRI. RAMAIAH, AGED ABOUT 73 YEARS, RESIDING AT NO.138, SRINIKETAN, 7TH RAILWAY MENS LAYOUT, ULLAL, BENGALURU-560 056. …APPELLANT
(BY SRI. T. SESHAGIRI RAO, ADVOCATE)
AND:
DR. C.L. JAYADEV, S/O SRI. H. LINGAPPA, AGED ABOUT 84 YEARS, R/AT NO.6, 3RD CROSS, 1ST ‘R’ BLOCK, RAJAJINAGAR, BENGALURU-560 010. …RESPONDENT
(BY SRI. VIJAYKUMAR PRAKASH, ADVOCATE)
THIS RFA IS FILED UNDER ORDER 41 RULE 1 R/W SECTION 96 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 06.06.2023 PASSED IN O.S.NO.4002/2021 ON THE FILE OF THE LIX ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU, PARTLY DECREEING THE SUIT FOR EJECTMENT.
THIS APPEAL COMING ON FOR ORDERS THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC:34570 RFA No. 1796 of 2023
CORAM: HON'BLE MRS. JUSTICE K.S. HEMALEKHA
ORAL JUDGMENT
Memo is filed by the learned counsel for the appellant, which reads as under:
“The Appellant submits as follows:
That, the current appeal has been preferred being aggrieved by the judgment and decree dated 06.06.2023 one passed in O.S.No.4002/2021.
It is submitted that, during the pendency of the current appeal the respondent herein had preferred an execution petition in Ex.No.2523/2023, however, during the pendency of the same, the appellant herein passed away. Taking note of the said situation, the legal heirs of the current appellant and the respondent herein have amicably settled the dispute and the possession of the schedule property along with the arrears of rents have handed over back to the respondent herein.
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HC-KAR NC: 2025:KHC:34570 RFA No. 1796 of 2023
That, in view of the same the current appeal may be disposed off to meet the ends of justice and equity.”
2. Memo is taken on record. In view of the memo, the appeal stands disposed of.
Sd/- ____________________ JUSTICE K.S. HEMALEKHA
MD List No.: 1 Sl No.: 28