Karnataka High Court
Y Raghunath Bhat Since Dead By Lrs ... vs Sri D M Swamy Since Dead By His Lrs Smt ... on 21 February, 2017
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 21ST DAY OF FEBRUARY, 2017
BEFORE
THE HON'BLE MRS JUSTICE K.S.MUDAGAL
R.F.A. NO.433 OF 2009
C/W
R.F.A.NO.431 OF 2009 (SP)
IN R.F.A. NO.433/2009:
BETWEEN:
Sri.Y Raghunath Bhat
Since dead by his LRs
[a] Smt.Lakshmi R Bhat
W/o late Y.Raghunath Bhat
Aged about 54 years
[b] Smt.Sangetha G.Rao
W/o Girish Rao
Aged about 27 years
D/o late Y.Raghunath Bhat
[c] Sri. Nagasampath R Bhat
S/o late Y.Raghunath Bhat
Aged about 24 years
1[a] to [c] are residing at
3-2-71, Bejai Church Road
Mangalore - 575 004. ...Appellants
(By Sri.S.Shaker Shetty, Advocate)
2
AND:
Sri.D.M.Swamy
Since dead by his LRs
[a] Smt.Saroja Bai
Aged about 66 years
[b] Sri.D.S.Kumar
Aged about 49 years
[c] Sri.D.S.Shankar
Aged about 47 years
[d] Sri.D.S.Manjunath
Aged about 44 years
[e] Smt.Yeshoda Bai
Aged about 50 years
[a] is the wife [b] to [d] are
Sons and [e] is daughter of
Late D.M.Swamy and all are
Residing at 321/55, 66th Cross
V Block, Rajajinagar
Bangalore - 560 010. ...Respondents
(By Sri.M.Ramakrishna, Advocate for R1 (a-e))
This RFA is filed under Section 96 of CPC against
the judgment and decree dated 13.2.2009 passed in OS
No.3600/1994 on the file of the XIV Addl. City Civil
3
Judge, Bangalore City (CCH No.28), dismissing the suit
for specific performance of agreement of sale.
IN R.F.A. NO.431/2009:
BETWEEN:
1. Sri.Y Raghunath Bhat
Since dead by his LRs
[a] Smt.Lakshmi R Bhat
W/o late Y.Raghunath Bhat
Aged about 54 years
[b] Smt.Sangetha G.Rao
W/o Girish Rao
Aged about 27 years
D/o late Y.Raghunath Bhat
[c] Sri. Nagasampath R Bhat
S/o late Y.Raghunath Bhat
Aged about 24 years
1[a] to [c] are residing at
3-2-71, Bejai Church Road
Mangalore - 575 004.
2. Y.Shankar Bhat
S/o Y.Venkataramana Bhat
Aged about 64 years
R/at No.30, Langford Road
Bangalore - 560 025. ...Appellants
(By Sri.S.Shaker Shetty, Advocate)
4
AND:
Sri.D.M.Swamy
Since dead by his LRs
[a] Smt.Saroja Bai
Aged about 66 years
[b] Sri.D.S.Kumar
Aged about 49 years
[c] Sri.D.S.Shankar
Aged about 47 years
[d] Sri.D.S.Manjunath
Aged about 44 years
[e] Smt.Yeshoda Bai
Aged about 50 years
[a] is the wife [b] to [d] are
Sons and [e] is daughter of
Late D.M.Swamy and all are
Residing at 321/55, 66th Cross
V Block, Rajajinagar
Bangalore - 560 010. ...Respondents
(Amended as per Court order dated 27.5.2009)
(By Sri.M.Ramakrishna, Advocate for R1(a-e))
This RFA is filed under Section 96 of CPC against
the judgment and decree dated 13.2.2009 passed in OS
No.729/1994 on the file of the XIV Addl. City Civil
5
Judge, Bangalore City (CCH No.28), decreeing the suit
for declaration, possession and mesne profits.
These Appeals coming on for Orders, this day, the
Court delivered the following:
JUDGMENT
Learned counsels for both the parties submit that the matters are settled out of Court. Memo is filed to that effect in both the matters.
2. Therefore the above appeals are dismissed as settled out of Court, accordingly.
Sd/-
JUDGE Prs*