Karnataka High Court
K. Ramu vs Chikkonu on 2 July, 2024
Author: Suraj Govindaraj
Bench: Suraj Govindaraj
-1-
NC: 2024:KHC:24766
RSA No. 268 of 2013
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 2ND DAY OF JULY, 2024
BEFORE
THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ
REGULAR SECOND APPEAL NO. 268 OF 2013 (PAR)
BETWEEN:
1. K. RAMU,
S/O LATE KARIGUNDEGOWDA,
AGED 49 YEARS,
R/AT SULLERI VILLAGE,
VIRUPAKSHIPURA HOBLI,
CHANNAPATNA TALUK - 571 501.
1(A). SMT. SAVITHRI D,
W/O LATE K. RAMU,
AGED ABOUT 48 YEARS,
R/AT NO.6/3, 4TH MAIN,
4TH CROSS, NANJAPPA BLOCK,
K.G. NAGAR, BANGALORE SOUTH,
GAVIOPURAM EXTENSION,
BANGALORE - 560 019.
1(B). SRI. GURUDASE GOWDA R,
Digitally signed
by S/O LATE K. RAMU,
NARAYANAPPA AGED ABOUT 48 YEARS,
LAKSHMAMMA
Location: HIGH R/AT NO.6/3, 4TH MAIN,
COURT OF 4TH CROSS, NANJAPPA BLOCK,
KARNATAKA
K.G. NAGAR, BANGALORE SOUTH,
GAVIOPURAM EXTENSION,
BANGALORE - 560 019.
...APPELLANTS
(BY SRI. RITHISH D. NAIK, ADVOCATE FOR
SRI. P.S. MANJUNATH, ADVOCATE)
AND:
1. CHIKKONU,
S/O LATE KARIGUNDEGOWDA,
-2-
NC: 2024:KHC:24766
RSA No. 268 of 2013
AGED 41 YEARS,
R/AT SULLERI VILLAGE,
VIRUPAKSHIPURA HOBLI,
CHANNAPATNA TALUK - 571 501.
2. GIRIGAMMA,
W/O TAMANNA,
AGED ABOUT 39 YEARS,
R/AT SULLERI VILLAGE,
VIRUPAKSHIPURA HOBLI,
CHANNAPATNA TALUK - 571 501.
3. VENKATAMMA,
W/O SOGALA
AGED ABOUT 36 YEARS
R/AT SULLERI VILLAGE,
VIRUPAKSHIPURA HOBLI,
CHANNAPATNA TALUK - 571 501.
...RESPONDENTS
(BY SRI. C. SHANKAR REDDY, ADVOCATE FOR R1;
R2 AND R3 SERVED AND UNREPRESENTED)
THIS RSA IS FILED U/S. 100 OF CPC., AGAINST THE
JUDGMENT & DECREE DATED 5.11.2012 PASSED IN
R.A.NO.120/2012 ON THE FILE OF THE SENIOR CIVIL JUDGE &
JMFC., RAMANAGARA, ALLOWING THE APPEAL AND MODIFYING THE
JUDGMENT AND DECREE DATED 31.7.2009 PASSED IN
OS.NO.260/1993 ON THE FILE OF THE PRL. CIVIL JUDGE (JR.DN) &
JMFC., CHANNAPATNA.
THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
1. The appellant is before this Court seeking for the following reliefs:
(a) Call for records from the court of Principal Civil Judge (Jr.Dn) & JMFC, Channapatna in O.S. No.260/1993 -3- NC: 2024:KHC:24766 RSA No. 268 of 2013 and Senior Civil Judge and JMFC, Channapatna, Ramanagaram District in RA No.120/2012
(b) Set aside the Judgment and Decree dated 31.7.2009 passed by the Principal Civil Judge (Jr.Dn) & JMFC, Channapatna in O.S. No.260/1993 and Judgment and Decree dated 5.11.2012 passed by the Senior Civil Judge and JMFC, Channapatna, Ramanagaram District in RA No. 120/2012, Decree the suit in O.S. No.260/1993.
2. A memo dated 20.06.2024 has been filed bearing the thumb impression of appellant No.1(a) and signature of appellant No.1(b) as also the signature of the counsel for the appellants.
3. Accepting the said memo and submission of the counsel for the appellants, the appeal is dismissed as settled out of Court.
Sd/-
JUDGE GJM List No.: 1 Sl No.: 16 CT: BHK