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2026 DAILYLAW 16166 (KAR)

SMT. B.A. BHAGIRATHAMMA v. SMT. K.M. MYTHRI

RSA/988/2021 · 2026-03-05

K S Hemalekha

Original Suitbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2026:KHC:13528 RSA No. 988 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA REGULAR SECOND APPEAL NO.988 OF 2021 (DEC/POS) BETWEEN: SMT. B.A. BHAGIRATHAMMA AGED ABOUT 75 YEARS, S/O H.T. PUTTASWAMY GOWDA, PRESENTLY R/AT B. HOSAHALLI VILLAGE & POST, BANAKAL HOBLI, MUDIGERE TALUK, CHIKKAMAGALURU-577101. …APPELLANT (BY SRI SHAMANNA, ADVOCATE) AND: 1. SMT. K.M. MYTHRI AGED ABOUT 39 YEARS, W/O. LATE SRI H.P. PRATHAP, 2. SRI K.M. MANJE GOWDA, AGED ABOUT 83 YEARS, FATHERS NAME NOT KNOWN, 3. SMT. SAROJAMMA AGED ABOUT 63 YEARS, W/O. K.M. MANJE GOWDA, ALL ARE R/O BHARATHIBAIL VILLAGE, B. HOSAHALLI POST, BANKAL HOBLI, MUDIGERE-577132 CHIKKAMAGALURU DISTRICT. …RESPONDENT THIS RSA IS FILED UNDER SECTION 100 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 03.09.2020 PASSED IN R.A.NO.10/2020 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC., MUDIGERE, ALLOWING THE APPEAL AND SET ASIDE THE Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:13528 RSA No. 988 of 2021 JUDGMENT AND DECREE DATED 21.04.2020 PASSED IN O.S.NO.3/2013 ON THE FILE OF THE PRINCIPAL CIVIL JUDGE AND JMFC., MUDIGERE. THIS APPEAL, COMING ON FOR HEARING ON INTERLOCUTORY APPLICATION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE K.S. HEMALEKHA ORAL JUDGMENT Learned counsel for the appellant has filed application i.e., I.A.No.1/2026 along with affidavit sworn by the appellant and at paragraph No.3, it is stated as under: "3. I state that the 1st respondent herein is my daughter in law and now at the intervention of well wishers defendants in the above said suit in O.S.No.25/2023 and me have arrived for amicable settlement for partitioning the plaint schedule properties in O.S.No.25/2023. As stated above the plaint schedule properties in O.S.No.25/2023 are also includes the subject property in this appeal. I further state that the pendency of this appeal is causing inconvenience to the parties in the said O.S.No.25/2023 for proceeding for compromise the matter. Hence I have agreed and assured to the defendants in the above said suit that I will withdraw this appeal to enable all the parties to arrive for - 3 - HC-KAR NC: 2026:KHC:13528 RSA No. 988 of 2021 amicable settlement. Hence in view of the same I am filing this application for withdraw the above appeal." 2. In view of the above, the appeal is dismissed as withdrawn. Sd/- _____________________ JUSTICE K.S. HEMALEKHA PHM List No.: 1 Sl No.: 21