Karnataka High Court
Smt.Leela Shetty vs Sanjeeva Shetty on 10 February, 2023
Author: N S Sanjay Gowda
Bench: N S Sanjay Gowda
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RFA No. 271 of 2015
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 10TH DAY OF FEBRUARY, 2023
BEFORE
THE HON'BLE MR JUSTICE N S SANJAY GOWDA
REGULAR FIRST APPEAL NO.271 OF 2015 (PAR/POS)
BETWEEN:
1. SMT. LEELA SHETTY
W/O LATE AITHAPPA SHETTY
AGED ABOUT 65 YEARS
2. VEENA
AGED ABOUT 45 YEARS
3. VIDHYA
AGED ABOUT 43 YEARS
4. VIVEK
AGED ABOUT 40 YEARS
5. VIJAYA
AGED ABOUT 38 YEARS
6. VINUTHA
Digitally AGED ABOUT 36 YEARS
signed by
PANKAJA S
Location: 7. VIKRAM
HIGH
COURT OF AGED ABOUT 34 YEARS
KARNATAKA
APPELLANTS (2) TO (7) ARE
CHILDREN OF LATE AITHAPPA SHETTY
ALL ARE R/AT KALLUPADE HOUSE
GALDEEPA, BELMA VILLAGE
P.O. DERALAKATTE - 574 160
MANGALORE TALUK (D.K)
...APPELLANTS
(BY SMT. CHANDINI FOR
SRI. BRIJESH KALAPPA, ADVOCATES)
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RFA No. 271 of 2015
AND:
1. SANJEEVA SHETTY
S/O LATE ANTHAKKE HENGSU,
R/AT BUILDING NO.174/5930,
KANNAMAR NAGAR II
S.KHROLI - EAST,
MUMBAI-83
SINCE DECEASED BY HIS LRS.
(a) ASHOK SHETTY,
S/O LATE SANJEEVA SHETTY,
AGED ABOUT 37 YEARS,
R/AT BUILDING NO.174/5930
KANNAMMAR NAGAR II
VIKROLI EAST,
MUMBAI-400 079.
(b) SMT.JAYASHREE A. RAI
W/O ANAND RAI,
D/O SANJEEVA SHETTY,
AGED ABOUT 45 YEARS,
R/AT DOOR NO.D-203,
SHEETHAL SANGEETHA
SHEETHAL NAGAR,
MIRA ROAD,
THANE, MUMBAI,
MAHARASTRA STATE-400601
2. RAJANI
AGED ABOUT 50 YEARS
3. HARISH
AGED ABOUT 44 YEARS
4. SUJATHA
AGED ABOUT 42 YEARS
5. SUREKHA
AGED ABOUT 40 YEARS
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RFA No. 271 of 2015
6. JAYASHREE
AGED ABOUT 38 YEARS
RESPONDENTS (2) TO (6) ARE
CHILDREN OF LATE THIMMAPPA SHETTY
AND SUMATHI SHETTY
RESPONDENTS (2) TO (6) ARE ALL
R/AT BUILDING NO.22, KHER NAGAR
BANDRA EAST, MUMBAI - 400 051.
7. BHARATHI @ SHOBHA SHETTY
AGED ABOUT 55 YEARS
8. CHANDRAHASA SHETTY
AGED ABOUT 50 YEARS
9. GEETHA R. SHETTY
AGED ABOUT 48 YEARS
10. SANGEETHA N. SHETTY
AGED ABOUT 46 YEARS
RESPONDENTS (7) TO (10) ARE
CHILDREN OF SMT. KALYANI SHETTY
AND SRI. NARAYANA SHETTY
RESPONDENTS (7) TO (10) ARE
R/AT 9/304, P.V. ARUNODAYA CO-OPERATIVE SOCIETY LTD.,
THILAK NAGAR, CHEMBUR
MUMBAI - 400 089.
11. KUM. ROOPAVATHI S. RAI
D/O SHEENAPPA RAI
AGED ABOUT 48 YEARS
R/AT MANGALA INDUSTRIES
NEKARA PETE, P.O. UJIRE - 574 240.
BELTHANGADY TALUK (DK).
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RFA No. 271 of 2015
12. NITTE EDUCATION TRUST
HAVING ITS OFFICE AT
6TH FLOOR, UNIVERSITY ENCLAVE
MEDICAL SCIENCES COMPLEX
DERALAKATTE, MANGALURU - 575 018 (D.K.)
REPRESENTED BY ITS TRUSTEE
MR. VISHAL HEGDE
S/O. N. VINAY HEGDE
AGED ABOUT 55 YEARS
...RESPONDENTS
(BY SRI. K SHASIKANTH PRASAD, ADVOCATE FOR R11;
SRI. U.S. YOGESH KUMAR, ADVOCATE FOR IMPLEADING FOR R-12;
R-1(A), R-1(B), R-2 TO R-10 ARE SERVED)
THIS RFA FILED U/S. 96 OF CPC AGAINST THE JUDGMENT
AND DECREE DATED 26.11.2014 PASSED IN OS NO.413/2006 ON
THE FILE OF THE I ADDL. SENIOR CIVIL JUDGE, MANGALORE,
DECREEING THE SUIT FOR PARTITION AND SEPARATE POSSESSION.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
JUDGMENT
1. It is stated that the parties have settled their differences and wishes to withdraw the appeal. This statement of Smt.Chandini, learned counsel for the appellants is taken on record.
2. Appeal is dismissed as having settled out of Court.
Sd/-
JUDGE SV List No.: 1 Sl No.: 8