Dr C R Raju vs Smt Kalamma
2021 Latest Caselaw 5394 Kant

                             1



     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

       DATED THIS THE 3RD DAY OF DECEMBER, 2021

                         BEFORE

      THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY

                R.S.A. NO.8/2021 (DEC/INJ)

BETWEEN:

1.   DR. C.R. RAJU,
     S/O THE LATE C.K.RAMANNA,
     AGED ABOUT 60 YEARS,
     RESIDING AT NO.KT-136, 4TH CROSS,
     MARI GOWDA BADAVANE,
     MANDYA-571 401.

2.   SRI NARASIMHA,
     S/O LATE [email protected] SANNAIAH,
     AGED ABOUT 49 YEARS,
     RESIDING AT NO.KT-14/105,
     7TH CROSS, MARI GOWDA BADAVANE,
     MANDYA-571 401.

3.   SMT. LEELAVATHI,
     AGED ABOUT 51 YEARS.

4.   SMT. SUMA,
     AGED ABOUT 34 YEARS.

5.   SRI VINOD KUMAR K.S.,
     AGED ABOUT 32 YEARS.

6.   SRI ARUN KUMAR,
     AGED ABOUT 28 YEARS.

     APPELLANT NO.3 IS THE WIFE
     AND 4 TO 6 ARE THE CHILDREN OF
                                 2



       LATE SIDDAIAH @ SANNAIAH,
       RESIDING AT NO.KT-59, 7TH CROSS,
       K.MARI GOWDA LAYOUT,
       MANDYA, KARNATAKA-571 401.

7.     SMT. MAMATHA H.C.,
       W/O S. SIDDARAJU,
       AGED ABOUT 30 YEARS,
       RESIDING AT H.MALLIGERE VILLAGE,
       DUDDA HOBLI, MANDYA TALUK
       PIN-571 401.                          ... APPELLANTS

               [BY SRI JANARDHANA G., ADVOCATE]

AND:

1.     SMT. KALAMMA,
       D/O LATE THOTI ERA,
       W/O LATE KARIYAIAH,
       AGED ABOUT 87 YEARS,
       RESIDING AT 7TH CROSS,
       MARIGOWDA EXTENSION,
       MANDYA CITY-571 401.

2.     SRI M.P.KANTHARAJU,
       S/O S. PUTTASWAMY,
       AGED ABOUT 61 YEARS,
       RESIDING AT MUDAGANDUR VILLAGE,
       KOTHATHI HOBLI,
       MANDYA TALUK-571 401.               ... RESPONDENTS

          [BY SMT. IRFANA NAZEER, ADVOCATE FOR R-1;
       SRI MADHUKAR M. DESHPANDE, ADVOCATE FOR R-2]

     THIS R.S.A. IS FILED UNDER SECTION 100 OF CPC AGAINST
THE JUDGMENT AND DECREE DATED 25.02.2019 PASSED IN
R.A.NO.57/2017 ON THE FILE OF THE PRL. SENIOR CIVIL JUDGE
MANDYA, ALLOWING THE APPEAL AND SETTING ASIDE THE
JUDGMENT AND DECREE DATED 20.04.2017 PASSED IN
O.S.NO.824/2014 ON THE FILE OF THE ADDITIONAL CIVIL JUDGE
AND JMFC, MANDYA.
                                     3



    THIS R.S.A. COMING ON FOR ADMISSION THIS DAY, THE
COURT DELIVERED THE FOLLOWING:

                          JUDGMENT

The learned counsel for the appellants submits that he

intends to withdraw this appeal and approach the jurisdictional

civil Court seeking for appropriate reliefs, since the appellants

herein were not parties before the Trial Court in

O.S.No.824/2014.

2. Having regard to the said submission and

considering the memo filed by the learned counsel for the

appellants, the appeal is dismissed as withdrawn. All the

contentions and all the questions are left open.

3. The Registry is directed to return the certified copies

as well as the original of the documents, which are produced by

the learned counsel for the appellants along with the appeal

memo.

Sd/-

JUDGE MD