Smt Gowramma vs Sri Venkateshappa
2022 Latest Caselaw 3146 Kant

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

     DATED THIS THE 23RD DAY OF FEBRUARY 2022

                       BEFORE

       THE HON'BLE MR.JUSTICE ASHOK S. KINAGI

           M. F. A. NO.412 OF 2022 (CPC)

BETWEEN:

SMT GOWRAMMA
W/O LATE SRI. NARAYANAPPA
AGED ABOUT 52 YEARS
R/AT SAMPANGERE VILLAGE
LAKKUR HOBLI, MALUR TALUK
KOLAR DISTRICT
                                      ...APPELLANT

(BY SRI. SUBRAMANYA S UPASANA, ADVOCATES)

AND:

1.     SRI VENKATESHAPPA
       S/O LATE SRI. DODDAPPA
       AGED ABOUT 58 YEARS
       R/AT KATTUGOLLAHALLI VILLAGE
       BIDARAHALLI HOBLI
       BANGALORE EAST TALUK
       BANGALORE DISTRICT 560 049.

2.     SRI KRISHNAPPA
       S/O LATE SRI. DODDAPPA

       SINCE DEAD BY HIS LRS
                         2




2(A) SMT. LAKSHMAMMA @ VARALAKSHMAMMA
     AGED ABOUT 56 YEARS
     W/O LATE KRISHNAPPA

2(B) SMT. SUMITRA
     AGED ABOUT 38 YEARS
     D/O LATE KRISHNAPPA
     W/O LATE JAGADISH

2(C) SMT. MANJULA
     AGED ABOUT 36 YEARS
     D/O LATE KRISHNAPPA
     W/O NARAYANASWAMY
     R/AT ALAPANAHALLI VILLAGE
     HOSAKOTE TALUK
     BANGALORE RURAL DISTRICT - 560 049

2(D) HARIBABU
     AGED ABOUT 26 YEARS
     W/O LATE KRISHNAPPA

     RESPONDENT No.2(A), 2(B) AND 2(D)
     ARE R/AT SAMANGERE VILLAGE
     LAKKURU HOBLI
     MALUR TALUK - 563 160.

3.   SMT. JAYAMMA
     W/O SRI. NANJAPPA
     AGED ABOUT 62 YEARS
     R/AT KATTUGOLLAHALLI VILLAGE
     BIDARAHALLI HOBLI
     MANDUR, BANGALORE EAST TALUK 560 049.

4.   SRI NARAYANAPPA
     S/O LATE SRI. DODDAPPA

     SINCE DEAD BY HIS LRS
                         3




4(A) SMT GOWRAMMA
     AGED ABOUT 47 YEARS
     W/O LATE NARAYANAPPA

4(B) SOWBHAGYA
     AGED ABOUT 26 YEARS
     D/O LATE NARAYANAPPA

4(C) BHAVYA
     AGED ABOUT 25 YEARS
     D/O LATE NARAYANAPPA

4(D) DIVYA
     AGED ABOUT 22 YEARS
     D/O LATE NARAYANAPPA

     ALL ARE R/AT SAMPANGE VILLAGE
     LAKKURU HOBLI
     MALUR TALUK 563 160

5.   SMT KEMPAMMA
     W/O SRI. KRISHNAPPA
     AGED ABOUT 60 YEARS
     R/AT VENKATAPURA VILLAGE
     HOSAKOTE TALUK 562 102
     BANGALORE URBAN DISTRICT.

6.   SRI RAJAPPA
     S/O SRI. RAMAPPA
     AGED ABOUT 44 YEARS
     R/AT SAMPANGERE VILLAGE
     LAKKUR HOBLI, MALUR TALUK-563 160

7.   SRI. GIRI
     S/O SRI RAMAPPA
     AGED ABOUT 42 YEARS
     RESIDING AT SAMPANGERE VILLAGE
     LAKKUR HOBLI, MALUR TALUK, KOLAR - 563 160.
                             4




8.    SRI. LOKESH
      S/O SRI RAMAPPA
      AGED ABOUT 36 YEARS
      R/AT SAMPANGERE VILLAGE
      LAKKUR HOBLI, MALUR TALUK
      KOLAR - 563 160.
                                     ....RESPONDENTS


     THIS APPEAL IS FILED UNDER ORDER 43 RULE 1(r)
R/W SECTION 151 OF CPC, AGAINST THE ORDER DATED
29.10.2021 PASSED ON I.A.NO.VII IN R.A.NO.23/2017 ON
THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, MALUR,
ALLOWING THE I.A.NO.VII FILED UNDER ORDER 39 RULE
1 AND 2 OF CPC.

     THIS APPEAL COMING ON FOR ORDERS THIS DAY,
THE COURT DELIVERED THE FOLLOWING:

                         JUDGMENT

Learned counsel for the appellant has filed a

memo seeking leave of this Court to withdraw the writ

appeal with liberty to file the same before the

jurisdictional Court.

2. Memo is placed on record.

3. The appeal is dismissed as withdrawn with

the aforesaid liberty.

4. Registry is directed to return the certified

copy of the impugned order, after retaining a

photocopy of the same.

SD/-

JUDGE

RD