Karnataka High Court
Smt. Channabasamma vs Sharanappa on 25 July, 2024
Author: Suraj Govindaraj
Bench: Suraj Govindaraj
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RSA No. 753 of 2014
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 25TH DAY OF JULY, 2024
BEFORE
THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ
REGULAR SECOND APPEAL NO. 753 OF 2014 (DEC)
BETWEEN:
1. SMT. CHANNABASAMMA
D/O.LATE BASAPPA
SINCE DEAD REP. BY LRS.
1(a) SULOCHANAMMA
D/O LATE SMT. CHANNABASAMMA
AGED ABOUT 40 YEARS
1(b) SMT. ANUSUYAMMA
D/O LATE SMT. CHANNABASAMMA
AGED ABOUT 36 YEARS
1(c) NAGARAJA
S/O LATE SMT. CHANNABASAMMA
AGED ABOUT 32 YEARS
Digitally signed
by 1(d) SHIVAKUMARA
NARAYANAPPA S/O LATE SMT.CHANNABASAMMA
LAKSHMAMMA AGED ABOUT 29 YEARS
Location: HIGH
COURT OF
KARNATAKA APPELLANT NO.1(a TO d) ARE R/O
RAMAGONDANAHALLI VILLAGE
DAVANAGERE TALUK
DAVANAGERE DISTRICT
2. SUMITHRAMMA
D/O.LATE BASAPPA
AGED ABOUT 63 YEARS
R/O.GUMMANUR VILLAGE
ANAGODU HOBLI
DAVANAGERE TALUK ...APPELLANTS
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RSA No. 753 of 2014
(BY SRI. CHANDRASHEKAR G M., ADV.)
AND:
1. SHARANAPPA
S/O.LATE NINGAPPA
AGED ABOUT 48 YEARS
2. MANJAPPA
S/O.NINGAPPA
AGED ABOUT 43 YEARS
3. RATHNAMMA
D/O.NINGAPPA
W/O.REVANASIDDAPPA
AGED ABOUT 53 YEARS
4. KARIBASAMMA
W/O.NINGAPPA
AGED ABOUT 61 YEARS
R/O HEGGERE VILLAGE
BHARAMASAGAR HOBLI
CHITRADURGA DIST.
5. NINGAMMA
D/O.NAGAPPA
AGED ABOUT 61 YEARS
R/O SHIVANAKERE VILLAGE
BHARAMASAGAR HOBLI
CHITRADURGA DIST.
6. SHARADAMMA
D/O.NINGAPPA GUMMANUR
R/O.HANAGAVADI VILLAGE
HARIHARA TALUK
7. CHANNABASAPPA
S/O.NAGAPPA
AGED ABOUT 48 YEARS
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RSA No. 753 of 2014
8. BEERAPPA
S/O.NAGAPPA
AGED ABOUT 35 YEARS
9. MANJAPPA
S/O.SHANTHAPPA
AGED ABOUT 40 YEARS
10. RUDRAPPA
S/O.SHANTHAPPA
AGED ABOUT 40 YEARS
11. NAGAPPA
S/O.SHANTHAPPA
AGED ABOUT 40 YEARS
12. BHASAMMA
W/O SHANTHAPPA
AGED ABOUT 39 YEARS
R/O ASAGODE VILLAGE
JAGALUR TALUK
DAVANAGERE DISTRICT
13. SAKAMMA
W/O MANJAPPA
AGED ABOUT 34 YEARS
R/O ANDANOOR VILLAGE
14. RENUKAMMA
W/O.KARIBASAPPA
AGED ABOUT 31 YEARS
15. NEELAMMA
W/O.SHANTHAPPA
AGED ABOUT 31 YEARS
R-1 TO R3, R7 TO R11 AND R14
ARE R/O GUMMANUR VILLAGE
ANAGODU HOBLI
DAVANAGERE TALUK
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RSA No. 753 of 2014
16. REVANASIDDAPPA G S
W/O.SIDDAPPA
AGED ABOUT 71 YEARS
R/O.GANGANAKATTE VILLAGE
ANAGODU HOBLI
DAVANAGERE TALUK
17. SMT. NANDYAMMA
W/O MURIGEPPA
DEAD BY HER LRS.
17(a) BASAVARAJAPPA
S/O.LATE MURIGEPPA
AGED ABOUT 62 YEARS
17(b) LOKESH
S/O.LATE MURIGEPPA
AGED ABOUT 58 YEARS
17(c) SMT NARAMMA
D/O LATE MURIGEPPA
R/O.GODE VILLAGE
JAGALUR TALUK
17(d)SMT BHAGYAMMA
D/O.LATE MURIGEPPA
R/O.HULUVARTHI VILLAGE
DAVANAGERE TALUK
R17(a) AND (b) ARE R/O
MUSHTURHALLI VILLAGE
JAGALUR TALUK
18. H BASAVARAJAPPA
S/O.HANUMANTHAPPA
AGED ABOUT 48 YEARS
19. H.SHARANAPPA
S/O HANUMANTHAPPA
AGED ABOUT 49 YEARS
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RSA No. 753 of 2014
20. SMT.PARVATHAMMA
W/O.BASAVARAJ
AGED ABOUT 51 YEARS
21. SMT.GOWRAMMA
W/O.MALLIKARJUNA
AGED ABOUT 42 YEARS ...RESPONDENTS
(BY SRI. V B SIDDARAMAIAH FOR R1-R4, R16,
R17(a-d), R18 TO R21, R5, R7 TO
R15 SERVED AND UNREPRESENTED;
VIDE ORDER DATED 2.06.2016
NOTICE TO R6 HELD SUFFICIENT)
THIS RSA IS FILED UNDER SECTION 100 OF CPC AGAINST
THE JUDGEMENT & DECREE DATED 03.03.2014 PASSED IN
R.A.NO.95/2011 ON THE FILE OF THE II ADDITIONAL DISTRICT
AND SESSIONS JUDGE, DAVANAGERE, DISMISSING THE
APPEAL AND CONFIRMING THE JUDGEMENT AND DECREE
DATED 01.06.2011 PASSED IN O.S.NO.393/2005 ON THE FILE
OF THE PRINCIPAL SENIOR CIVIL JUDGE, DAVANAGERE.
THIS APPEAL, COMING ON FOR HEARING, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE SURAJ GOVINDARAJ
ORAL JUDGMENT
(PER: HON'BLE MR JUSTICE SURAJ GOVINDARAJ)
1. The appellants are before this Court seeking for the following reliefs;
i. Call for entire records.
ii. Set aside the Judgment and decree dated 01.6.2011 passed by the Learned Principal Senior Civil Judge, Davanagere in O.S.NO.393/2005 and the Judgement and Decree dated 3.3.2014 passed by the II Additional District & Sessions Judge, Davanagere in -6- NC: 2024:KHC:29271 RSA No. 753 of 2014 R.A.No.95/2011 and decree the suit of the Appellants.
iii. Pass such other order or orders as this Hon'ble Court deems fit under the facts and circumstances of the case including the costs, in the interest of justice and equity.
2. A memo dated 25.7.2014 has been filed and signed by learned counsel for the appellant, which reads as under:
Memo for withdrawal The above named appellants submit as follows;
It is submitted that in the present If arguments are not advanced on the next date of hearing, the appeal would be liable to be dismissed for non-prosecution. the appellants have put in question the judgment and decrees of the Courts below. On verification the appellants came to know that the Hon'ble courts below rightly passed the decrees at 1/7th shares with respect to all the branches of the children of common propositus of deceased Channabasappa. In the circumstances the appellants pray for dismissal of the present appeal as not pressed, in the interest of justice and equity. Hence, the memo.
3. Accepting the said memo and submission of learned counsel for the appellants, the appeal stands dismissed as withdrawn.
Sd/-
JUDGE SR/List No.: 1 Sl No.: 17