Karnataka High Court
Smt. B. N. Rajamma vs Smt. K. S. Jayavani on 20 November, 2025
Author: H.P.Sandesh
Bench: H.P.Sandesh
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NC: 2025:KHC:48001
RSA No. 1631 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 20TH DAY OF NOVEMBER, 2025
BEFORE
THE HON'BLE MR. JUSTICE H.P.SANDESH
REGULAR SECOND APPEAL NO.1631 OF 2025 (PAR)
BETWEEN:
SMT. B.N. RAJAMMA,
W/O B. NAGARAJ,
D/O LATE THAMMANNA
AGED ABOUT 69 YEARS
R/AT NO.27, "MANJULA"
SUDDAGUNTE PALYA
C.V. RAMAN NAGAR POST
BENGALURU - 560 093
...APPELLANT
(BY SMT. HIMA KIRANA S., ADVOCATE)
AND:
Digitally signed
by DEVIKA M
1. SMT. K.S. JAYAVANI
Location: HIGH
COURT OF W/O. K. RAJA RAO,
KARNATAKA D/O. LATE SRINIVASA MURTHY,
AGED ABOUT 61 YEARS,
R/AT NO.3242, 21ST 'B' MAIN ROAD,
HAMPI CIRCLE, VIJAYANAGAR
2ND PHASE, 'E' BLOCK,
MYSURU-570 017.
2. SMT. K. RAMABAI @ S. LAKSHMI,
W/O. LATE R. SATHYANARAYANA RAO,
AGED ABOUT 73 YEARS,
R/AT "SRI GURUPRASANNA",
ANJENAYA LAYOUT,
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RSA No. 1631 of 2025
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VIDYARANYAPURA (THINDLU),
BENGALURU - 560 097.
3. SMT. K. THULASI,
W/O. LATE SRINIVASA MURTHY,
AGED ABOUT 73 YEARS,
R/AT NO.1978, 8TH CROSS,
KUMARASWAMY LAYOUT,
2ND STAGE,
BENGALURU - 560 078.
4. SMT. UMA DEVI @ UMA RAO K.
W/O. SURYANARAYANA RAO.
AGED ABOUT 59 YEARS,
R/AT NO.64, 13TH MAIN,
RAGHAVENDRA BLOCK,
SRINAGAR,
BENGALURU-560 050.
5. SMT. K. SAVITHRI,
W/O. NAGARAJA,
AGED ABOUT 54 YEARS,
R/AT NO.860, 1ST MAIN,
2ND CROSS, KONANAKUNTE,
BENGALURU-560 062.
6. SMT. K. LEELAVATHI,
W/O. LATE CHANDRASHEKAR
AGED ABOUT 53 YEARS,
R/AT NO.5156, 4TH CROSS,
RAILWAY STATION,
GUBBI TOWN,
TUMAKURU-572 216.
7. SMT. KAMALA R.,
W/O. LATE K. RAGHAVENDRA
AGED ABOUT 63 YEARS,
R/AT NO.17,
GAVIGANGADHARA DEVASTANA,
GAVIPURAM CHATRA BLOCK,
BENGALURU-560 019.
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NC: 2025:KHC:48001
RSA No. 1631 of 2025
HC-KAR
8. SRI. K. RAVI,
S/O. LATE KRISHNAMURTHACHAR,
AGED ABOUT 50 YEARS,
R/AT DOOR NO.39,
1ST MAIN, 24TH CROSS,
MARUTHINAGAR, YELAHANKA,
BENGALURU - 560 064.
9. SRI. K. PRASAD,
S/O. LATE KRISHNAMURTHACHAR,
AGED ABOUT 45 YEARS,
R/AT AREHALLI, A.G.S.LAYOUT,
BENGALURU - 560 061.
10. SRI. C. NARAYANASWAMY,
S/O. LATE SHANKARAPPA,
AGED ABOUT 74 YEARS
R/AT NO.14,
NARAYANAPPA FARM LAYOUT,
GEDDALAHALLI,
BENGALURU - 560 094.
11. SMT. LAKSHAMMA,
W/O. LATE JAYARAMAIAH,
AGED ABOUT 75 YEARS,
R/AT CHANNAHALLI VILLAGE,
CHANNARAYAPATNA HOBLI,
DEVANAHALLI TALUK.
12. SRI. C.J. NARENDRA,
S/O. LATE JAYARAMAIAH,
AGED ABOUT 55 YEARS,
R/AT CHANNAHALLI VILLAGE,
CHANNARAYAPATNA HOBLI,
DEVANAHALLI TALUK.
13. SRI. C.J. THAMMEGOWDA,
S/O. LATE JAYARAMAIAH,
AGED ABOUT 52 YEARS,
R/AT CHANNAHALLI VILLAGE,
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RSA No. 1631 of 2025
HC-KAR
CHANNARAYAPATNA HOBLI,
DEVANAHALLI TALUK.
14. SRI. P. RAJA NAIDU,
S/O. GANGULAU NAIDU,
AGED ABOUT 79 YEARS,
R/AT PERAIGHAGARIPALLI,
E-KOTHUR POST, IRALA MANDAL,
CHITTOOR DISTRICT,
ANDHRA PRADESH - 517 173.
15. SMT. P. JAYAMMA,
W/O. P. RAJA NAIDU,
AGED ABOUT 69 YEARS,
R/AT PERAIGHAGARIPALLI,
E-KOTHUR POST, IRALA MANDAL,
CHITTOOR DISTRICT,
ANDHRA PRADESH - 517 173.
16. SRI. BABU PATHIPATI,
S/O. P. RAJA NAIDU,
AGED ABOUT 50 YEARS,
R/AT PERAIGHAGARIPALLI,
E-KOTHUR POST, IRALA MANDAL,
CHITTOOR DISTRICT,
ANDHRA PRADESH - 517173.
...RESPONDENTS
(BY SMT. SANGEETHA MANJUNATH, ADVOCATE FOR C/R1;
SRI. RAKESH KINI, ADVOCATE FOR C/R9;
SRI. RAHAMATHULLA KOTHULLA, ADVOCATE FOR C/R2 TO R9)
THIS RSA IS FILED UNDER SEC.100 OF CPC, AGAINST
THE JUDGMENT AND DECREE DATED 06.09.2025 PASSED IN
RA.NO.10/2021 ON THE FILE OF THE PRL. SENIOR CIVIL
JUDGE AND JMFC, DEVANAHALLI, DISMISSING THE APPEAL
AND CONFIRMING THE ORDER DATED 06.04.2021 PASSED ON
IA NO.10 IN EX.NO.2/1993 ON THE FILE OF THE PRINCIPAL
CIVIL JUDGE AND JMFC, DEVANAHALLI.
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NC: 2025:KHC:48001
RSA No. 1631 of 2025
HC-KAR
THIS APPEAL COMING ON FOR ORDERS THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE H.P.SANDESH
ORAL JUDGMENT
The learned counsel appearing for the appellant files a memo seeking permission of this Court to withdraw the appeal on the ground that proceedings in Execution Petition No.2/1993 were closed on 25.09.2025 and possession was taken by the Decree Holder but the same was not within the knowledge of the appellant at the time of filing of this present second appeal. The said memo is taken on record. In view of the said memo, the counsel for the appellant is permitted to withdraw the appeal. Accordingly, the appeal is dismissed as withdrawn.
In view of dismissal of the main appeal, I.As. if any, do not survive for consideration and the same stand dismissed.
Sd/-
(H.P.SANDESH) JUDGE SN