Karnataka High Court
Gundappa vs Siddamma And Ors on 3 June, 2024
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NC: 2024:KHC-K:3517
RSA No. 200226 of 2017
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 3RD DAY OF JUNE, 2024
BEFORE
THE HON'BLE Mrs JUSTICE K S HEMALEKHA
REGULAR SECOND APPEAL NO. 200226 OF 2017 (PAR &
SEP. POSS.)
BETWEEN:
GUNDAPPA S/O MALKAPPA MUDUBUL
AGED ABOUT: 62 YEARS,
OCC: AGRICULTURE,
R/O: BENKANAHALLI, TQ: SEDAM,
DIST: KALABURAGI.
...APPELLANT
(BY SRI B. C. JAKA, ADVOCATE)
AND:
1. HONNAMMA D/O LATE BASAWARAJ
Digitally signed AGED ABOUT: 41 YEARS,
by SWETA
KULKARNI OCC: AGRICULTURE,
Location: High R/AT BENAKNALLI,
Court of
Karnataka NOW R/AT: YADGA,
TQ: SEDAM-585222.
2. MALLAPPA S/O NAGAPPA MUDUBUL
AGED ABOUT: 41 YEARS,
OCC: AGRICULTURE,
R/AT: BENAKNALLI, TQ: SEDAM-585222.
3. DEVAKI W/O NARAYAN BOINOOR,
AGED ABOUT: 56 YEARS,
OCC: AGRICULTURE,
R/AT: HANUMANHALLI,
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NC: 2024:KHC-K:3517
RSA No. 200226 of 2017
TQ: SEDAM-585222.
4. KAMALAMMA
W/O SHIVASHARANAPPA HARKATTER
AGED ABOUT:51 YEARS,
OCC: AGRICULTURE,
R/AT: KUTAMBURHALLI,
TQ: CHITTAPUR-585211.
5. KASHIBAI W/O RAMANNA GANIGERI
AGED ABOUT: 41 YEARS,
OCC: AGRICULTURE,
R/AT: HANDARKI,
TQ: SEDAM-585222.
...RESPONDENTS
(R3 AND R5-SERVED)
THIS RSA IS FILED U/S 100 OF CPC, PRAYING TO CALL
FOR THE RECORDS AND TO SET AISDE THE JUDGMENT AND
DECREE, DATED 03.01.2017, PASSED IN R.A. NO.38/2013, BY
THE PRL. DISTRICT JUDGE AT KALABURAGI, AND THE
JUDGMENT AND DECREE, DATED 20.02.2013, PASSED IN O.S.
NO.25/2011, BY SENIOR CIVIL JUDGE AT SEDAM, BY
ALLOWING THIS APPEAL; CONSEQUENTLY DISMISS THE SUIT
OF THE RESPONDENT NO.1 AND 2/PLAINTIFFS AND GRANT
SUCH OTHER RELIEF/S AS THIS COURT DEEMS FIT TO GRANT
TO THE APPELLANT IN THE CIRCUMSTANCES OF THE CASE
INCLUDING THE COSTS OF THE APPEAL.
THIS APPEAL COMING ON FOR ORDERS, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
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NC: 2024:KHC-K:3517
RSA No. 200226 of 2017
JUDGMENT
Learned counsel for the appellant seeks to withdraw the appeal and files a memo to that effect.
The memo is taken on record. Appeal is dismissed as withdrawn.
Sd/-
JUDGE SWK List No.: 1 Sl No.: 13 CT:V D