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2026 DAILYLAW 27849 (KAR)

M KUMAR v. SMT H GUNASHEELA

RFA/1667/2015 · 2026-07-07

Vijaykumar A Patil

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Judgment text

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- 1 - HC-KAR NC: 2026:KHC:34541 RFA No. 1667 of 2015 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL REGULAR FIRST APPEAL NO. 1667 OF 2015 BETWEEN: 1A. M KUMAR SINCE DECEASED BY LRS SMT. DHALITHA AGED ABOUT 50 YEARS W/O LATE M. KUMAR 1B. SRI. P.K. CHELUVARAJ AGED ABOUT 27 YEARS S/O. LATE KUMAR 1C. SRI. P.K. UMA SHANKAR AGED ABOUT 25 YEARS S/O. LATE M. KUMAR ALL ARE RESIDING AT NO.127/30 3RD CROSS, MARUTHI NAGAR CHANDRA LAYOUT BENGALURU - 72 …APPELLANTS (BY SRI. C.M. NAGABUSHANA, ADVOCATE) AND: 1. SMT H GUNASHEELA AGED ABOUT 51 YEARS W/O A E PARAMESHAN, Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:34541 RFA No. 1667 of 2015 R/AT NO.13/B, LINK ROAD, OPPOSITE TO PAVAN PARANJYOTHI APARTMENTS, NEW K.G.LAYOUT, KATRIGUPE, BSK III STAGE, BANGALORE - 560 005 2. CHANDRAPPA AGED ABOUT 53 YEARS S/O MOTAPPA, R/AT 43/12, 1ST MAIN, 1ST CROSS, ATTIGUPPE, VIJAYANAGAR, BANGALORE - 560 040 …RESPONDENTS (BY SRI. PRASANNA KUMAR R.S., ADVOCATE FOR R1 R2 - SERVED) THIS RFA IS FILED UNDER SEC.96 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 23.04.2015 PASSED IN OS.NO.2409/2006 ON THE FILE OF THE XVIII ADDL. CITY CIVIL AND SESSIONS JUDGE, BENGALURU, DECREEING THE SUIT FOR DECLARATION AND PERMANENT INJUNCTION. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL - 3 - HC-KAR NC: 2026:KHC:34541 RFA No. 1667 of 2015 ORAL JUDGMENT Learned counsel for the appellants has filed a memo seeking leave of this Court to withdraw the present appeal. 2. The memo reads as under: "The appellants submit that, they have filed the above Appeal challenging Judgment and Decree dated 23.04.2015 passed on OS.No.2409/2006 on the file of the XVIII ADDL. CITY CIVIL AND SESSIONS JUDGE, BENGALURU, decreeing the suit for Declaration and Permanent injunction. The Appellants and the respondents have settled the dispute amongst them amicably outside the Court, as such they do not intend to prosecute the above petition anymore and would withdraw the same. Hence, this memo WHEREFORE, the Appellants humbly pray that this Hon'ble Court be pleased to permit the petitioners to withdraw the above petition in the interest of justice and equity." 3. In view of the aforesaid memo, the appeal is dismissed as withdrawn. 4. Pending applications stand closed. Sd/- (VIJAYKUMAR A. PATIL) JUDGE SHS/List No.: 1 Sl No.: 1