Revanna Dead By His Lrs vs Ramaswamy Dead By His Lrs

Karnataka High Court

Revanna Dead By His Lrs vs Ramaswamy Dead By His Lrs on 26 July, 2024

Author: H.P.Sandesh

Bench: H.P.Sandesh

                                                -1-
                                                          NC: 2024:KHC:29484
                                                        RSA No. 1773 of 2021




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                            DATED THIS THE 26TH DAY OF JULY, 2024

                                            BEFORE

                             THE HON'BLE MR JUSTICE H.P.SANDESH

                        REGULAR SECOND APPEAL NO. 1773 OF 2021 (SP)

                   BETWEEN:

                         REVANNA
                         DEAD BY HIS LRS

                   1.    SHIVAKUMAR
                         S/O LATE REVANNA
                         AGED ABOUT 41 YEARS,

                   2.    SIDDALINGAIAH
                         S/O LATE REVANNA
                         AGED ABOUT 37 YEARS,

                         BOTH ARE RESIDENTS OF
                         R/AT ANTHARASANAHALLI-572103
                         ARAKERE POST, KASABA HOBLI,
Digitally signed         TUMAKURU TALUK AND DISTRICT.
by DEVIKA M                                                    ...APPELLANTS
Location: HIGH
COURT OF                        (BY SRI. HARISH N.R., ADVOCATE FOR
KARNATAKA                      SRI PATEL D. KAREGOWDA, ADVOCATE)
                   AND:

                         RAMASWAMY
                         DEAD BY HIS LRS
                   1.    PUSHPALATH,
                         W/O LATE RAMASWAMY
                         AGED ABOUT 39 YEARS.

                   2.    RACHANARAM
                         S/O LATE RAMASWAMY
                         AGED ABOUT 14 YEARS,
                             -2-
                                     NC: 2024:KHC:29484
                                   RSA No. 1773 of 2021




3.   GUNA
     D/O LATE RAMASWAMY
     AGED ABOUT 11 YEARS,

     R(2) AND 3 ARE MINORS
     R/B N/G R1 PUSHPALATHA

     RESPONDENTS 1 TO 3 ARE RESIDENTS OF
     HIREKODATHKALLU VILLAGE,
     KORA HOBLI, TUMAKURU TALUK.

4.   REVAMMA
     W/O RAJANNA
     AGED ABOUT 54 YEARS,
     R/AT YELLAPURA-572 104
     KASABA HOBLI,
     TUMAKURU TQ AND DIST.

5.   LAKSHMIDEVAMMA
     MAJOR
     W/O DEVARAJU
     R/O GORAGOTTA-572227
     TURUVEKERE TALUK
     TUMAKURU DIST.
                                           ...RESPONDENTS

     THIS RSA IS FILED UNDER SECTION 100 OF CPC
AGAINST THE JUDGMENT AND DECREE DATED 16.02.2021
PASSED IN RA.NO.94/2016 ON THE FILE OF THE III
ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, TUMAKURU,
DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT
AND DECREE DATED 24.09.2005 PASSED IN O.S.NO.11/2005
ON THE FILE OF THE II ADDITIONAL CIVIL JUDE AND JMFC,
TUMAKURU AND ETC.

    THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM:    HON'BLE MR JUSTICE H.P.SANDESH
                               -3-
                                           NC: 2024:KHC:29484
                                         RSA No. 1773 of 2021




                         ORAL JUDGMENT

The learned counsel appearing for the appellants has filed a memo seeking permission of this Court to withdraw the present appeal. The said memo is taken on record. In view of the said memo, the counsel for the appellants is permitted to withdraw the appeal. Accordingly, the appeal is dismissed as withdrawn.

2. In view of dismissal of the main appeal, I.A. if any, does not survive for consideration and the same stands disposed of.

Sd/-

(H.P.SANDESH) JUDGE SN List No.: 1 Sl No.: 38