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2025 DAILYLAW 88797 (KAR)

SMT LAKSHMAMMA v. SMT DODDATHAYAMMA

RFA/1775/2014 · 2025-11-10

V Srishananda

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:46696 RFA No. 1775 of 2014 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA REGULAR FIRST APPEAL NO. 1775 OF 2014 (PAR) BETWEEN: 1. SMT LAKSHMAMMA AGED ABOUT 42 YEARS, WIFE OF SRI SHIVANNA, D/O LATE BILIGIRI NAYAKA, JAYAPURA MYSORE TALUK, PIN CODE - 570 001. 2. SMT CHIKKAMMANI SRI.BILIGIRI NAYAKA, AGED ABOUT 39 YEARS, W/O MAHADEVA NAYAKA, D/O LATE BILIGIRI NAYAKA, SINDHUVALLI, JAYAPURA HOBLI, MYSORE TALUK - 570 001. …APPELLANTS (BY SRI. PRITHVI KIRAN SHETTY, APPELLANT(VC)) AND: 1. SMT DODDATHAYAMMA SINCE DEAD BY LRS. SMT SIDDAMMA SINCE DEAD BY L.RS KEMPA NAYAKA, AGED ABOUT 62 YEARS, S/O LATE KEMPA NAYAKA, Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:46696 RFA No. 1775 of 2014 HUSBAND OF DECEASED SIDDAMMA, R/O JAYAPURA, MYSORE TALUK - 570 001. 2. SMT SUDHA AGED ABOUT 42 YEARS, D/O DECEASED SIDDAMMA, R/O JAYAPURA, MYSORE TALUK - 570 001. 3. SMT SAVITHRI AGED ABOUT 39 YEARS, D/O DECEASED SIDDAMMA, R/O JAYAPURA, MYSORE TALUK - 570 001. 4. SMT THULASI AGED ABOUT 37 YEARS, D/O DECEASED SIDDAMMA, R/O JAYAPURA, MYSORE TALUK - 570 001. 5. SMT CHIKKARANGAMMA AGED ABOUT 45 YEARS, W/O RAMA NAYAKA, D/O BILIGIRINAYAKA, SALUNDI, JAYAPURA HOBLI, MYSORE TALUK - 570 001. 6. SMT JAVNAMMA AGED ABOUT 37 YEARS, W/O.MAHADEVA NAIKA, D/O BILIGIRI NAYAKA, MADDUR, ELAMPAPURA HOBLI, H.D.KOTE TALUK-571125. - 3 - HC-KAR NC: 2025:KHC:46696 RFA No. 1775 of 2014 7. SRI RANGASWAMY AGED ABOUT 32 YEARS, S/O SIDDAMMA, JARYAPURA, MYSORE TALUK, PINCODE-570001. 8. MANI AGED ABOUT 27 YEARS, S/O SIDDAMMA, JAYAPURA, MYSORE TALUK, PIN CODE - 570 001. 9. SMT SHANTHA AGED ABOUT 30 YEARS, W/O SANNA SWAMY, D/O LATE BILIGIRI NAYAKA, BACHAKANA HALLI, HAMPAPURA HOBLI, H.D.KOTE TALUK, MYSORE DISTRICT - 571 125. …RESPONDENTS (BY SRI. S. RUPESH KUMAR, ADVOCATE FOR R1 TO R9) THIS RFA IS FILED U/SEC.96 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED15.10.2014 PASSED IN O.S.900/2007 ON THE FILE OF THE PRL. SENIOR CIVIL JUDGE, MYSORE, DISMISSING THE SUIT FOR PARTITION AND SEPARATE POSSESSION. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE V SRISHANANDA - 4 - HC-KAR NC: 2025:KHC:46696 RFA No. 1775 of 2014 ORAL JUDGMENT Learned counsel for the appellants has filed a memo which reads as under: "The Appellants respectfully submit as follows: 1. The above appeal arises out of the judgment and decree dated 15/10/2014 passed in O.S. No.900/2007 on the file of the Principal Senior Civil Judge, Mysuru. 2. During the pendency of the appeal, the parties, being close relatives, have amicably settled all their disputes with the intervention of elders and well-wishers. 3. In view of the said settlement, the Appellants have agreed to withdraw this appeal and have no further claims or rights of any nature in respect of the schedule properties forming the subject matter of the suit and appeal. 4. The Appellants accept and acknowledge the validity of the registered Gift Deed dated 14.09.2002 executed by late Sri. Biligiri Nayaka in favour of Respondents Nos. 7 and 8, and state that they have no objection to the same. 5. The Appellants further state that they have received a total sum of Rs. 20,00,000/- (Rupees Twenty Lakhs Only) from the Respondents towards full and final settlement, through the following Demand Drafts issued by Indian - 5 - HC-KAR NC: 2025:KHC:46696 RFA No. 1775 of 2014 Overseas Bank, Jayaprakash Narayan Nagar Branch, Mysore: A) Demand Draft No. 840775864 dated 28.10.2025 for a sum of Rs. 10,00,000/- (Rupees Ten Lakhs Only), drawn in favour of Smt. Lakshmamma. B) Demand Draft No. 840775857 dated 28.10.2025 for a sum of Rs. 9,50,000/- (Rupees Nine Lakhs Fifty Thousand Only), drawn in favour of Smt. Lakshmamma. C) Rs. 50,000/- (Rupees Fifty Thousand Only) in Cash. 6. The Appellants acknowledge receipt of the aforesaid Demand Drafts towards full and final settlement of all their claims and confirm that no further amount remains due or payable by the Respondents. 7. The Appellants confirm that, in view of the above settlement, no further claim, demand, or dispute remains between the parties in respect of the subject matter of this appeal. 8. The Appellants therefore pray that this Hon'ble Court may be pleased to record this Memo of Withdrawal and dismiss the appeal as withdrawn, in the interest of justice and equity." - 6 - HC-KAR NC: 2025:KHC:46696 RFA No. 1775 of 2014 Placing the memo on record, petition stands dismissed as withdrawn. Sd/- (V SRISHANANDA) JUDGE SNC ct:SG List No.: 1 Sl No.: 21