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2026 DAILYLAW 27422 (KAR)

SMT RATHNAMMA v. SRI MANJUNATH C

MFA/3732/2023 · 2026-07-08

Pradeep Singh Yerur

Original Suitbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2026:KHC:34289 MFA No. 3732 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR MISCELLANEOUS FIRST APPEAL NO. 3732 OF 2023 (CPC) BETWEEN: 1. SMT RATHNAMMA W/O LATE SHIVARUDRE GOWDA, AGED ABOUT 65 YEARS, 2. SRI. SURESH KUMAR S S/O LATE SHIVARUDRE GOWDA, AGED ABOUT 48 YEARS, 3. SRI. UMESH KUMAR S S/O LATE SHIVARUDRE GOWDA, AGED ABOUT 46 YEARS, ALL ARE RESIDING AT NO. 34/201, KALPAVRUKSHA RESIDENCY, HANUMAGIRI LAYOUT, 3RD CROSS, CHIKKALASANDRA, BANGALORE 560 061. …APPELLANTS (BY SRI. MANU K.,ADVOCATE) Digitally signed by GAVRIBIDANUR SUBRAMANYA GUPTA SREENATH Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:34289 MFA No. 3732 of 2023 AND: 1. SRI MANJUNATH C S/O LATE CHIKKANNA AGED ABOUT 38 YEARS, RESIDING AT NO. 51, A.K. COLONY, SINGAPURA VILLAGE, VIDYARANYAPURA POST BENGALURU-560097. …RESPONDENT THIS MFA IS FILED UNDER ORDER 43 RULE 1(r) OF CPC, AGAINST THE ORDER DATED 14.03.2023 PASSED ON I.A. NO.1 IN O.S.NO. 1712/2023 ON THE FILE OF THE LIX ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU, ISSUING SUIT SUMMONS NOTICE ON I.A.NO. 1. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE PRADEEP SINGH YERUR ORAL JUDGMENT Heard learned counsel for the appellants. 2. Learned counsel for the appellants has filed a memo dated 22.06.2026. - 3 - HC-KAR NC: 2026:KHC:34289 MFA No. 3732 of 2023 3. The memo reads as under: "The undersigned counsel for the Appellants most humbly submits that, the dispute between the parties in the underlying Original Suit bearing O.S. No 1712/2023 on the file of the LIX Addl. City Civil and Sessions Judge, Bengaluru, out of which the present Appeal arises, has been amicably settled between the parties. The parties have executed a registered Confirmation Deed dated 09/02/2026 (Annexure A), wherein the Respondent has confirmed and acknowledged the absolute ownership and peaceful possession of the Appellants over the suit schedule property and has relinquished all claims thereto. Consequent to the said settlement, a joint Compromise Petition was filed by the parties before the Hon'ble Trial Court, and the suit has been decreed in terms thereof before the Lok Adalath on 14/03/2026. A copy of the order sheet and the compromise petition is produced herewith as Annexure B and C respectively. In view of the above, it is most humbly prayed that this Hon'ble Court may be pleased to take on record the instant - 4 - HC-KAR NC: 2026:KHC:34289 MFA No. 3732 of 2023 memo and dispose of the present Appeal in the interests of justice and equity." 4. In view of the memo, the present appeal would not survive for consideration. The appeal is disposed of as having been settled by way of settlement before the Lok-adalath. Sd/- (PRADEEP SINGH YERUR) JUDGE RCK List No.: 1 Sl No.: 8