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High Court of Karnataka · body

2025 DAILYLAW 83876 (KAR)

SMT. DEVAKI v. SMT. VENKAMMA

RFA/305/2020 · 2025-08-28

S Rachaiah

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:33304 RFA No. 305 of 2020 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE S RACHAIAH REGULAR FIRST APPEAL NO. 305 OF 2020 (PAR) BETWEEN: 1. SMT. DEVAKI W/O GANGDARA AGED ABOUT 63 YEARS R/AT SASIGOLI HOUSE KOODLA MOGARU POST MANJESHWAR, KASARAGODU KERALA-671 323 2. SMT KALYANI W/O VENKAPPA MOOLYA AGED ABOUT 60 YEARS R/AT NEKKIDAKALA HOUSE KOODLA MOGARU POST MANJESHWAR KASARAGODU-671 323 …APPELLANTS (BY SRI. PRASANNA V R., ADVOCATE) AND: 1. SMT. VENKAMMA W/O LATE MANJAPPA MOOLYA AGED ABOUT 80 YEARS R/O KODANGE HOUSE IRA VILLAGE AND POST BANTWAL TALUK D K DISTRICT-574 323 2. SRI PUTTA MOOLYA S/O MANJAPPA MOOLYA AGED ABOUT 69 YEARS R/O KODANGE HOUSE Digitally signed by SREEDHARAN BANGALORE SUSHMA LAKSHMI Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:33304 RFA No. 305 of 2020 IRA VILLAGE AND POST BANTWAL TALUK D K DISTRICT-574 323 3. SRI BABU MOOLYA S/O MANJAPPA MOOLYA AGED ABOUT 67 YEARS R/O KODANGE HOUSE IRA VILLAGE AND POST BANTWAL TALUK D K DISTRICT-574 323 4. SRI VISHWANATH S/O MANJAPPA MOOLYA AGED ABOUT 58 YEARS R/O KODANGE HOUSE IRA VILLAGE AND POST BANTWAL TALUK D K DISTRICT-574 323 5. SRI SUNDARA S/O MANJAPPA MOOLYA AGED ABOUT 56 YEARS R/O KODANGE HOUSE IRA VILLAGE AND POST BANTWAL TALUK D K DISTRICT-574 323 6. SRI SRINIVAS S/O MANJAPPA MOOLYA AGED ABOUT 47 YEARS R/O KODANGE HOUSE IRA VILLAGE AND POST BANTWAL TALUK D K DISTRICT-574 323 7. SMT NALINAKSHI D/O MANJAPPA MOOLYA AGED ABOUT 44 YEARS R/O KODANGE HOUSE IRA VILLAGE AND POST - 3 - HC-KAR NC: 2025:KHC:33304 RFA No. 305 of 2020 BANTWAL TALUK D K DISTRICT-574 323 8. SMT SUJATHA D/O MANJAPPA MOOLYA AGED ABOUT 41 YEARS R/O KODANGE HOUSE IRA VILLAGE AND POST BANTWAL TALUK D K DISTRICT-574 323 9. SRI JAGADISH S/O MANJAPPA MOOLYA AGED ABOUT 39 YEARS R/O KODANGE HOUSE IRA VILLAGE AND POST BANTWAL TALUK D K DISTRICT-574 323 10. SRI JAYAKARA S/O MANJAPPA MOOLYA AGED ABOUT 37 YEARS R/O KODANGE HOUSE IRA VILLAGE AND POST BANTWAL TALUK D K DISTRICT-574 323 11. SRI MANOJ S/O MANJAPPA MOOLYA AGED ABOUT 35 YEARS R/O KODANGE HOUSE IRA VILLAGE AND POST BANTWAL TALUK D K DISTRICT-574 323 12. SMT RUKMINI W/O LATE SOMAPPA MOOLYA AGED ABOUT 68 YEARS R/O KODANGE HOUSE IRA VILLAGE AND POST BANTWAL TALUK D K DISTRICT-574 323 - 4 - HC-KAR NC: 2025:KHC:33304 RFA No. 305 of 2020 13. SMT VARIJAXI D/O LATE SOMAPPA MOOLYA AGED ABOUT 37 YEARS R/O KODANGE HOUSE IRA VILLAGE AND POST BANTWAL TALUK D K DISTRICT-574 323 14. SMT VIJAYA D/O LATE SOMAPPA MOOLYA AGED ABOUT 35 YEARS R/O KODANGE HOUSE IRA VILLAGE AND POST BANTWAL TALUK D K DISTRICT-574 323 15. SMT NAMITHA D/O LATE SOMAPPA MOOLYA AGED ABOUT 33 YEARS R/O KADANGE HOUSE IRA VILLAGE AND POST BANTWAL TALUK D K DISTRICT-574 323 …RESPONDENTS (BY SRI.G.RAVISHANKAR SHASTRY, ADVOCATE FOR R2; SRI.M.SUDHAKAR PAI, ADVOCATE FOR R12 TO R15; R1, R3, R4, R5, R9, R10, R12 AND R15 SERVED) THIS RFA IS FILED UNDER SECTION 96 OF CPC., 1908 AGAINST THE JUDGMENT AND DECREE DATED 30.07.2019 PASSED IN OS.NO.23/2014 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND JMFC., BANTWAL, D.K, DISMISSING THE SUIT FOR PARTITION. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S RACHAIAH - 5 - HC-KAR NC: 2025:KHC:33304 RFA No. 305 of 2020 ORAL JUDGMENT Learned counsel for the appellants filed a memo seeking permission to withdraw the appeal as both the parties have settled the matter amicably. The memo is taken on record and the same is accepted. In view of the memo, the appeal stands dismissed as withdrawn. In view of dismissal of the appeal, pending applications if any, does not survive for consideration. Sd/- (S RACHAIAH) JUDGE JS List No.: 1 Sl No.: 1