Mr J Rajan vs Mr R Tulasidas on 23 February, 2017

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Karnataka High Court

Mr J Rajan vs Mr R Tulasidas on 23 February, 2017

Bench: B. Veerappa

 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

     DATED THIS THE 23RD DAY OF FEBRUARY, 2017

                       BEFORE

        THE HON'BLE MR.JUSTICE B. VEERAPPA

              R.F.A. NO.864/2013 (PAR)

BETWEEN:
1.    MR. J. RAJAN
      S/O MR. V. JANARDHAN
      AGED ABOUT 50 YEARS
      RESIDING AT NO.1042
      11TH MAIN, VIJAYANAGAR II STAGE
      BANGALORE - 560 040

2.    MRS. BINDU RAJAN
      W/O J. RAJAN
      AGED 40 YEARS
      RESIDING AT NO.1042
      11TH MAIN, RPC LAYOUT
      VIJAYANAGAR
      BANGALORE - 560 040

3.    MASTER HEBIN RAJ
      S/O MR. J. RAJAN
      AGED ABOUT 17 YEARS
      RESIDING AT NO.1042
      11TH MAIN, RPC LAYOUT
      VIJAYANAGAR
      BANGALORE - 560 040

4.    MASTER HRITIK RAJAN
      S/O MR. J. RAJAN
      AGED ABOUT 14 YEARS
      RESIDING AT NO.1042
      11TH MAIN, RPC LAYOUT
      VIJAYANAGAR
      BANGALORE - 560 040

      SINCE DEFENDANT Nos.8 & 9/
      APPELLANT NOs.3 & 4, THEY
      ARE REPRESENTED BY THEIR
                          2

       MOTHER DEFENDANT No.7/
       APPELLANT No.2.
                                    ...APPELLANTS

(BY SRIYUTS K.V. SHYAMAPRASAD, ADV., FOR A1
ANIL KUMAR, ADV., FOR A2 TO A4)

AND:

1.     MR. R. TULASIDAS
       S/O MR. Y.H. RAMAIAH
       AGED ABOUT 61 YEARS
       RESIDING AT NO.246
       2ND MAIN, SUBHASHNAGAR
       MYSORE - 570 023

2.     MR. R. GOPALAKRISHNA
       S/O MR. Y.H. RAMAIAH
       AGED ABOUT 66 YEARS
       RESIDING AT KHB COLONY
       NAGAMANGALA - 571 401
       MANDYA DISTRICT

3.     MR. R. KRISHNAMURTHY
       S/O MR.Y.H. RAMAIAH
       AGED ABOUT 63 YEARS
       RESIDING AT NO.38/2
       6TH CROSS, GUMMAIAH LAYOUT
       PADMANABHANAGAR
       BANGALORE - 560 070

4.     MRS. JAYAMMA
       W/O LATE LAKKANNA
       D/O MR. Y.H. RAMAIAH
       AGED ABOUT 71 YEARS
       RESIDING AT RAMASAGARA VILLAGE
       MAYASANDRA HOBLI
       TURUVEKERE TALUK - 572 102
       TUMKUR DISTRICT

5.     MRS. VANAJAMMA
       W/O MR. VAJRAIAH @
       CHIKKAIAH
       D/O MR. Y.H. RAMAIAH
                           3

     AGED ABOUT 70 YEARS
     RESIDING AT NO.1042
     11TH MAIN
     VIJAYANAGAR II STAGE
     BANGALORE - 560 040

6.   MR. C.UMESH BABU @
     UMESH TEJASVI
     S/O MR. CHIKKAIAH
     AGED ABOUT 42 YEARS
     RESIDING AT NO.1042
     11TH MAIN
     VIJAYANAGAR II STAGE
     BANGALORE - 560 040
                                     ...RESPONDENTS

     THIS R.F.A. IS FILED UNDER SECTION 96 R/W
ORDER 41 RULE 1 OF CPC, AGAINST THE JUDGMENT
AND DECREE DATED 24.01.2013 PASSED IN OS
NO.2302/2002 ON THE FILE OF THE XLIII ADDL. CITY
CIVIL AND SESSIONS JUDGE, BANGALORE, PARTLY
DECREEING AND PARTLY DISMISSING THE SUIT FOR
PARTITION AND PERMANENT INJUNCTION.

     THIS R.FA. IS COMING ON FOR ORDERS, THIS
DAY, THE COURT DELIVERED THE FOLLOWING:-

                    JUDGMENT

Learned counsel for both the parties submits that the dispute between the parties in respect of the suit schedule property has been settled on a compromise petition filed in R.F.A. No.1156/2009 before this Court on 10.11.2016. 4

In view of the same, the present appeal is disposed of in the same terms and conditions as referred in R.F.A. No.1156/2009.

In view of the disposal of main appeal, I.A.1/2016 for impleading and taking steps to respondents does not survive for consideration.

Sd/-

JUDGE BS

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