IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 18^TH DAY OF AUGUST 2021

BEFORE

THE HON9BLE MR. JUSTICE ASHOK.S.KINAGI

MISCELLANEOUS FIRST APPEAL NO.4621 OF 2017 (CPC)

BETWEEN:

SRI D.SHAMBAIAH,

S/O DODDAMUNIYALLAPPA,

AGED ABOUT 54 YEARS,

NO.403, 6TH MAIN, MOTAPPANAPALYA,

YALLAMMANAGUDI BEEDI,

INDIRANAGAR,

BENGALURU-560038.

(WRONGLY SHOWN IN THE

SUIT AS R/AT MUTHAPPA

COMPOUND, PUTTENAHALLI,

J.P.NAGAR POST,

BANGALORE-560085).

...APPELLANT

(BY SMT. VIJETHA.R.NAIK., ADVOCATE)

AND:

1.

SRI. K.NARAYANAREDDY,

S/O KONAPPA REDDY,

AGED ABOUT 58 YEARS,

R/AT NO.258, 5TH BLOCK,

3RD PHASE, BSK III STAGE,

BENGALURU-560085,

ALSO R/AT NO.141/7/8, 4TH MAIN,

KATRIGUPPA EAST,

BHANASHANKARI III STAGE,

BENGALURU-85.

2

2.

SRI MUNITHIMMAIAH,

S/O LATE DODDAMUNIYALLAPPA,

AGED ABOUT 80 YEARS.

3.

SRI KAVERAPPA,

S/O LATE DODDAMUNIYALLAPPA,

AGED ABOUT 75 YEARS.

4.

SRI H.M.VENKATASWAMY,

SINCE DEAD

REP. BY HIS LRS.

4(a)

SMT. GIRIJAMMA,

W/O LATE H.M.VENKATASWAMY,

AGED ABOUT 45 YEARS.

4(b)

SRI ARUNKUMAR,

S/O LATE H.M.VENKATASWAMY,

AGED ABOUT 18 EYARS.

4(c)

KUMUDA,

D/O LATE H.M.VENKATASWAMY,

AGED ABOUT 17 EYARS.

RESPONDENT 4(c) IS MINOR

REP. BY HER MOTHER SMT. GIRIJAMMA,

I.E., RESPONDENT NO.4(a) HEREIN.

5.

SRI NARAYANASWAMY,

S/O LATE DODDAMUNIYALLAPPA,

AGED ABOUT 60 YEARS.

6.

SRI GOPAL,

S/O MUNITHIMMAIAH,

AGED ABOUT 48 YEARS.

7.

SRI SEENAPPA,

S/O KAVERAPPA,

AGED ABOUT 45 YEARS.

RESPONDENT NOS.2, 3, 4(a), (b), (c)

5 TO 7 ARE R/AT HULIMAVU VILLAGE,

BEGURU HOBLI,

BENGALURU SOUTH TALUK-585305.

&RESPONDENTS

3

THIS MISCELLANEOUS FIRST APPEAL IS FILED

UNDER ORDER 43 RULE 1(d) OF CPC, AGAINST THE

ORDER DATED 03.10.2016 PASSED IN MISC.NO.395/2016

ON THE FILE OF THE V ADDITIONAL CITY CIVIL JUDGE,

BENGALURU CITY (CCH-13), DISMISSING PETITION FILED

UNDE ORDER IX RULE 13 READ WITH SECTION 151 OF

CPC TO SET ASIDE THE JUDGMENT AND DECREE DATED

01.09.1998 IN O.S.NO.5758/1995.

THESE APPEALS APPEAL COMING ON FOR ORDERS

THIS DAY, THE COURT DELIVERED THE FOLLOWING:

JUDGMENT

Learned counsel for the appellant has appearing

through video conferencing submits that the parties

have settled out of the Court.

2.

Her submission is placed on record.

In view of the settlement between the parties,

the appeal does not survive for consideration.

Accordingly,

the

appeal

is

dismissed

as

withdrawn.

Sd/-

JUDGE

ssb