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2025 DAILYLAW 69082 (KAR)

SMT CHANNAVEERAMMA v. SRI K S GURUMALLAIAH

RSA/1605/2014 · 2025-12-03

Ashok S Kinagi

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Judgment text

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- 1 - HC-KAR NC: 2025:KHC:50752 RSA No. 1605 of 2014 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE ASHOK S.KINAGI REGULAR SECOND APPEAL NO. 1605 OF 2014 (SP) BETWEEN: 1. SMT CHANNAVEERAMMA W/O LATE SRI K S SOMASHEKARAIAH SINCE DEAD REP. BY HER LEGAL REPRESENTATIVES (V/O DATED 11.11.2019 A2 TO A4 ARE LEGAL REPRESENTATIVES OF DECEASED A1) 2. SMT K S AMBIKA W/O SRI L S RENUKA AGED ABOUT 52 YEARS R/AT NO.26, 17TH MAIN 20TH CROSS, MAGADI CHORD ROAD VIJAY NAGAR BANGALORE 560040 3. SMT K S HEMALATHA W/O SRI L S VEERABHADRAIAH AGED ABOUT 47 YEARS R/AT NO.26, 17TH MAIN 20TH CROSS, MAGADI CHORD ROAD VIJAY NAGAR BANGALORE 560040 4. SRI K S SWAMY S/O LATE SRI SOMASHEKARA AGED ABOUT 37 YEARS Digitally signed by SUNITHA K S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:50752 RSA No. 1605 of 2014 R/AT No.26, 17TH MAIN, 20TH CROSS, MAGADI CHORD ROAD, VIJAY NAGAR BANGALORE 560040. …APPELLANTS (BY SRI. G. B. NANDISH GOWDA, ADVOCATE FOR SRI. R B SADASIVAPPA, ADVOCATE V/O DATED 11.11.2019 A2 TO A4 ARE LEGAL REPRESENTATIVES OF DECEASED A1) AND: 1. SRI K S GURUMALLAIAH S/O LATE SRI SOMANNA SINCE DEAD BY LEGAL REPRESENTATIVES 1(A) SRI. G.KUMARASWAMY S/O LATE K S GURUMALLAIAH AGED ABOUT 53 YEARS 1(B) SRI. R.G.SRIKANT MURTHY S/O LATE K S GURUMALLAIAH AGED ABOUT 51 YEARS 1(C) SRI. JAYADEV G S/O LATE K S GURUMALLAIAH AGED ABOUT 49 YEARS ALL ARE R/AT No.616, 4TH MAIN 10TH CROSS, E & F BLOCK RAMAKRISHNA NAGAR MYSURU - 22. …RESPONDENTS (BY SMT. K. BRINDA, ADVOCATE FOR SRI. VEERESH R. BUDIHAL, ADVOCATE FOR R1(A-C)) - 3 - HC-KAR NC: 2025:KHC:50752 RSA No. 1605 of 2014 THIS RSA IS FILED UNDER SEC.100 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 17.9.2014 PASSED IN R.A.NO.133/2013 ON THE FILE OF THE PRL. SENIOR CIVIL JUDGE & CJM, RAMANAGARA, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 2.8.2013 PASSED IN O.S.NO.90/2007 ON THE FILE OF THE ADDL. CIVIL JUDGE & JMFC., RAMANAGARA. THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE ASHOK S.KINAGI ORAL JUDGMENT Appellant Nos.2 to 4 and respondent No.1(a) are physically present before the Court. They are identified by their respective counsel. They have filed a joint memo, which reads as follows: “The parties to the above appeal submit that, in view of the settlement arrived between the parties, the LRs of respondent agrees to give Rs.4,00,000/- (Rupees Four Lakhs only) by way of Demand Draft/RTGS to the appellants, represented by Sri. K.S.Swamy (A4) within one month, in full and final settlement and the appellants submit that this Hon’ble Court be pleased to dispose of the above appeal in terms of the Joint Memo in the interest of Justice and equity.” 2. From perusal of the joint memo, it discloses that, the parties have settled the matter, wherein respondent No.1(a) has agreed to pay a sum of - 4 - HC-KAR NC: 2025:KHC:50752 RSA No. 1605 of 2014 Rs.4,00,000/- by way of demand draft/RTGS to appellant Nos.2 to 4, within one month towards full and final settlement, and they pray that the appeal may be disposed of in terms of the joint memo. 3. The joint memo is placed on record. 4. Accordingly, the appeal is disposed of in terms of the joint memo. 5. Office is directed to draw decree in terms of the joint memo. 6. In view of disposal of the appeal, pending IAs, if any, are disposed of accordingly. Sd/- (ASHOK S.KINAGI) JUDGE PA CT:KHV List No.: 2 Sl No.: 2