Sri K. Chandrashekhar vs Arpitha, R.A. Maheshwari, Lakshmidevamma and K. Rajashekhara

B.S. Patil, J.—In this appeal, the appellant is challenging the judgment and decree dated 15.02.2006 passed in O.S. No. 159/2001 by the learned Civil Judge (Sr. Dn.) & JMFC, Kadur. The appellant has filed a memo dated 16.09.2013 stating that the plaintiff No. 1-respondent No. 1 herein in whose favour the Court below passed the decree holding that she is entitled for 1/8th share in the suit schedule A & B properties out of the share of defendant No. 2-appellant herein had filed execution case bearing No. 68/2012. In the said execution case, based on the final decree drawn in F.D.P. No. 5/2006, a sum of Rs. 2,01,522/- has been arrived at as the value of the share to which the plaintiff No. 1 is entitled and in terms of the said decree passed in F.D.P. No. 5/2006, appellant is ready and willing to make payment of the said sum to the 1st plaintiff-respondent No. 1 herein.

It is further submitted by the counsel for the appellant which is indeed incorporated in the memo that insofar as the share in schedule ''B'' properties are concerned, respondents 1 & 2 have already stated that they have no claim in respect of the said properties which is also evident from the final decree passed. In this background, counsel for the appellant submits that as the appellant is willing to pay a sum of Rs. 2,01,522/- to the 1st respondent herein and as the maintenance amount payable to the 2nd respondent has been settled between the appellant and the 2nd respondent in M.C. No. 2/2007 by mutual agreement, whereunder the 2nd respondent has received a sum of Rs. 70,000/- towards full and final settlement of her claim, this appeal may be disposed of as having become unnecessary.

Learned counsel for the appellant further submits that the amount of Rs. 2,01,522/- will be paid to the 1st respondent within two weeks from the date of receipt of a copy of this order by way of Demand Draft. He, therefore, submits that this appeal may be disposed of as having become unnecessary in view of the settlement of all the claims between the parties. Placing the above submission on record and in view of the memo filed, the appeal is dismissed as having become unnecessary.