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2026 DAILYLAW 37122 (KAR)

T JAYARAMA v. T VENKATESH

RFA/683/2020 · 2026-08-18

Rajesh Rai K

body2026

Judgment text

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- 1 - HC-KAR CNR: KAHC010539722019 NC: 2026:KHC:44554 RFA No. 2327 of 2019 C/W RFA No. 683 of 2020 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE RAJESH RAI K REGULAR FIRST APPEAL NO. 2327 OF 2019 C/W REGULAR FIRST APPEAL NO. 683 OF 2020 IN RFA No. 2327/2019 BETWEEN: T. VENKATESH SON OF LATE THIMMAIAH, AGED ABOUT 62 YEARS, RESIDENT OF NO.231, 6TH MAIN, 12TH A CROSS, 6TH MAIN, VYALIKAVAL, MALLESHWRAM, BANGALORE-560003. SINCE DEAD BY HIS LRS: 1. SMT. YASHODA D/O LATE VENKATESH T. W/O BASAVARAJAU I.B. AGED ABOUT 47 YEARS RESIDING AT HUTHRI DURGA HOBLI IPPADI POST, KUNIGAL TUMKU, KARNATAKA - 572 126 [AADHAAR NO:290485802012] 2. SRI.SRINIVASA T.V. SON OF LATE SRI.VENKATESHA T., Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010539722019 NC: 2026:KHC:44554 RFA No. 2327 of 2019 C/W RFA No. 683 of 2020 AGED ABOUT 47 YEARS, R/AT NO.52, TIPPANAYAKANA HALLI KUNIGAL TUMAKURU DISTRICT - 572 130 AADHAR : 746556387558. …APPELLANTS (BY SRI. SOMASHEKARA K.M., ADVOCATE) AND: 1. T. JAYARAMA SON OF LATE THIMMAIAH, MAJOR, DOOR NO.54, 1ST MAIN 5TH CROS, VISWANEEDAM POST, MAGADI MAIN ROAD, BANGALORE-560021. 2. LAKSHMAMMA, W/O RAJANNA, MAJOR, MAVENAKERE, MAVENAKERE AT POST, HOLANARASIPURA TALUK, HASSAN DISTRICT 573201. 3. JAYAMMA, W/O CHANNAPPA, MAJOR, R/AT NO.405, 5TH MAIN, SRIGANDADA KAVAL, BANGALORE-560091. 4. T.NAGAMMA W/O LATE THIMMAIAH, MAJOR, R/AT NO.54/3, SRIGANDADA KAVAL - 3 - HC-KAR CNR: KAHC010539722019 NC: 2026:KHC:44554 RFA No. 2327 of 2019 C/W RFA No. 683 of 2020 KOTTIGE PALYA, BANGALORE-560091. 5. RATHNAMMA W/O KISHOR BABU, MAJOR, 4TH CROSS, VINAYAKA NAGARA, OPP, WIDEO INDUSTRIES, TUMKUR ROAD, NAGASANDRA POST, BANGALORE-560073. 6. VENKATALAKSHMI, W/O MUTTURAJU, MAJOR, NO.204, KEMPEGOWDA NAGAR, BEADERAHALLI EXTENSION, VISWANEEDAM POST, BANGALORE-560091. 7. BAGYA W/O YOGIESH, MAJOR, NO.251, HEGGANAHALLI MAIN ROAD, VISHWANEEDAM POST, MAGADI MAIN ROAD, BANGALORE-560021. …RESPONDENTS (BY SRI. SHIVAKUMAR R., ADVOCATE FOR SRI.BALAJI RAGHUNATHAN, ADVOCATE FOR R-1; R-2, R-6 SD UNREPRESENTED) THIS RFA FILED UNDER SECTION 96 R/W ORDER 41 RULE 1 OF THE CPC, AGAINST THE JUDGMENT AND DECREE DATED 25.11.2019 PASSED IN O.S.NO.2231/2007 ON THE FILE - 4 - HC-KAR CNR: KAHC010539722019 NC: 2026:KHC:44554 RFA No. 2327 of 2019 C/W RFA No. 683 of 2020 OF THE LXII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE BANGALORE. IN RFA NO. 683/2020 BETWEEN: 1. T.JAYARAMA S/O LATE THIMMAIAH AGED ABOUT 49 YEARS, R/AT NO.54, 1ST MAIN 5TH CROSS, KOTTIGEPALYA, VISWANEEDAM POST, MAGADI MAIN ROAD, BANGALORE-560 091. ...APPELLANT (BY SRI. SHIVAKUMAR R., ADVOCATE FOR SRI.R.BALAJI, ADVOCATE) AND: 1. T. VENKATESH S/O LATE TIMMAIAH AGED ABOUT 69 YEARS, R/AT NO.231, 12TH A CROSS, 6TH MAIN, VYALIKAVAL, MALLESHWARAM, BANGALORE-560 003. 2. LAKSHMAMMA W/O RAJAMMA AGED ABOUT 75 YEARS, MAVENAKERE, MAVENAKERE AT POST, HOLENARASIPURA TALUK, HASSAN DISTRICT-573 201. 3. JAYAMMA W/O CHANNAPPA AGED ABOUT 73 YEARS, - 5 - HC-KAR CNR: KAHC010539722019 NC: 2026:KHC:44554 RFA No. 2327 of 2019 C/W RFA No. 683 of 2020 R/AT NO.404, 5TH MAIN, SRIGANDADA KAVAL, BANGALORE-560 091. 4. T.NAGAMMA W/O LATE THIMMAIAH AGED ABOUT 65 YEARS, R/AT NO.54/3, SRIGANDADA KAVAL KOTTIGE PALYA, BANGALORE-560 091. 5. RATHNAMMA W/O KISHORE BABU AGED ABOUT 60 YEARS, 4TH CROSS, VINAYAKA NAGARA, OPP WIDEO INDUSTRIES, TUMUKURU ROAD, NAGASANDRA POST, BANGALORE-560073. 6. VENKATALAKSHMI W/O MUTTURAJU, AGED ABOUT 55 YEARS, NO.204, KEMPEGOWDA NAGAR, BEADERANAHALLI EXTENSION, VISWANEEDAM POST, BANGALORE-560091. 7. BAGYA W/O YOGISH, AGED ABOUT 47 YEARS, NO.251, HEGGANAHALLI MAIN ROAD, VISHWANEEDAM POST, MAGADI MAIN ROAD, BANGALORE-560021. ...RESPONDENTS - 6 - HC-KAR CNR: KAHC010539722019 NC: 2026:KHC:44554 RFA No. 2327 of 2019 C/W RFA No. 683 of 2020 THIS RFA IS FILED UNDER SEC.96 R/W ORDER 41 RULE 1 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 25.11.2019 PASSED IN OS.NO.2231/2007 ON THE FILE OF THE LXII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU CITY. THESE APPEALS, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE RAJESH RAI K ORAL JUDGMENT Learned counsel for the appellants in RFA No.2327/2019 has filed an amended appeal memo as per the Court order dated 10.08.2026. 2. Learned counsel for the appellants in RFA No.2327/2019 has filed a memo dated 18.08.2026, to withdraw the appeal. The said memo reads as under: "It is submitted that the appellants No.1 and 2, being the legal heirs of the deceased original appellant and the contesting respondent No.1 herein, have amicably settled the dispute between themselves out of Court. In view of the settlement, the appellants No.1 and 2 pray that this Hon'ble Court may be pleased to dismiss the above appeal as having been amicably - 7 - HC-KAR CNR: KAHC010539722019 NC: 2026:KHC:44554 RFA No. 2327 of 2019 C/W RFA No. 683 of 2020 settled out of Court, in the interest of justice and equity." 3. Learned counsel for the appellant in RFA No.683/2020 has also filed a memo dated 18.08.2026, to withdraw the appeal. The said memo reads as under: "The Appellant humbly submits before this Hon'ble court since the Appellant and Respondents had amicable settled their dispute in the above captioned matter, In view of the said settlement between the parties this Hon'ble court may be pleased to permit the Appellant to withdraw the above captioned appeal in the interest of justice and equity." Placing reliance on the said memos, appeals are dismissed as withdrawn. SD/- (RAJESH RAI K) JUDGE GPG List No.: 1 Sl No.: 12