Smt. Dyavamma vs The State Of Karnataka
2021 Latest Caselaw 3699 Kant

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     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

         DATED THIS THE 9TH DAY OF NOVEMBER, 2021

                         PRESENT

          THE HON'BLE MR.JUSTICE ALOK ARADHE
                             AND
     THE HON'BLE MR.JUSTICE ANANT RAMANATH HEGDE


         WRIT APPEAL NO. 334/2020 (KLR-RR/SUR)


BETWEEN:

1.     SMT. DYAVAMMA
       D/O LATE JEEBAIAH
       W/O N.R. KRISHNAPPA
       AGED ABOUT 52 YEARS

2.     MUNIRAJU
       S/O LATE JEEBAIAH
       AGED ABOUT 50 YEARS

       BOTH ARE R/AT NARAYANAPURA
       VIJAYAPURA HOBLI
       DEVANAHALLI TALUK - 562 110
       BENGALURU RURAL DISTRICT

                                           ...APPELLANTS
(BY SRI: SHIVASHANKAR K, ADVOCATE)

AND:

1.     THE STATE OF KARNATAKA
       REPRESENTED BY ITS SECRETARY
       DEPARTMENT OF REVENUE
       M.S. BUILDING
       DR. AMBEDKAR VEEDHI
       BENGALURU - 560 001

2.     THE DEPUTY COMMISSIONER
       DODDABALLAPURA DIVISION
       BENGALURU - 560 001
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3.    THE ASSISTANT COMMISSIONER
      DODDABALLAPUR DIVISION
      BENGALURU - 560 001.

4.    THE TAHASILDAR
      DEVANAHALLI TALUK - 562 110
      BENGALURU RURAL DISTRICT.

5.    SMT. LAKSHMAMMA
      W/O GANGAPPA
      PEDDANAHALLI
      HOSAKOTE TALUK
      BENGALURU RURAL DISTRICT.

      MUNIYAPPA
      S/O LATE BUDDAPPA
      AGED ABOUT 65 YEARS
      SINCE DEAD BY LEGAL REPRESENTATIVES

6.    SMT. RAMAKKA
      W/OLATE MUNIYAPPA
      AGED ABOUT 66 YEARS

7.    SMT. SONNAMMA
      D/O LATE MUNIYAPPA
      AGED ABOUT 47 YEARS

8.    SRI. SONNAPPA
      S/O LATE MUNIYAPPA
      AGED ABOUT 45 YEARS

9.    SRI. ANJINAPPA
      S/O LATE MUNIYAPPA
      AGED ABOUT 40 YEARS

10.   SMT. MUNIRATHNAMMA
      D/O LATE MUNIYAPPA
      AGED ABOUT 37 YEARS

11.   SMT. UMADEVI
      D/O LATE MUNIYAPPA
      AGED ABOUT 29 YEARS

      ALL ARE RESIDING AT
      NARAYANAPURA VILLAGE
      VIJAYAPURA HOBLI
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     DEVANAHALLI TALUK
     BENGALURU RURAL DISTRICT.
                                                  ... RESPONDENTS

(BY SRI: VIJAYKUMAR A. PATIL. AGA FOR R1 TO R4,
    SRI: A. LOURDU MARIYAPPA, ADVOCATE FOR R5, R7 TO R11
    R6 - SERVED)

     THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE
KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER
PASSED BY THE LEARNED SINGLE JUDGE IN WRIT PETITION
NO.2982/2011 DATED 08/02/2019 VIDE AT DOCUMENT NO. BY
CONFIRMING THE ORDER OF THE DEPUTY COMMISSIONER AND TO
PASS ANY OTHER ORDER/S AS THIS HON'BLE COURT DEEMS FIT
UNDER FACTS AND CIRCUMSTANCES OF THE CASE.

      THIS WRIT APPEAL COMING ON FOR PRELIMINARY HEARING
THIS DAY, ALOK ARADHE J., DELIVERED THE FOLLOWING:


                             JUDGMENT

Mr.K Shivashankar, learned counsel for the appellants.

2. Mr.Vijaykumar A Patil, learned Additional

Government Advocate for respondent Nos.1 to 4.

3. Mr.A Lourdu Mariyappa, learned counsel for

respondent Nos.5, 7 to 11.

4. This intra-court appeal under Section 4 of the

Karnataka High Court Act, 1961 has been filed against the

order dated 08.02.2019 passed in Writ Petition No.2982 of

2011 by the learned Single Judge.

5. After arguing the matter for some extent, learned

counsel for the appellants seeks leave of this Court to

withdraw the appeal, with a liberty to file first appeal against

the judgment and decree dated 29.07.2005 passed in

O.S.No.247 of 1996.

6. In view of the above submission, the appeal is

dismissed as withdrawn, with the liberty aforesaid.

Sd/-

JUDGE

Sd/-

JUDGE

*bgn/-