Mariningashetty Since Dead By His ... vs Erashetty
2022 Latest Caselaw 1073 Kant

                          1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU

     DATED THIS THE 24TH DAY OF JANUARY, 2022

                       BEFORE

     THE HON'BLE MR.JUSTICE N.S.SANJAY GOWDA

     REGULAR SECOND APPEAL No.1529 OF 2015 (DEC)

BETWEEN:

MARININGASHETTY
SINCE DEAD BY HIS L.R's

1.     SMT. NEELAMMA
       W/O LATE MARININGASHETTY
       AGED ABOUT 61 YEARS,
       R/AT VAJAMANGALA,
       VARUNA HOBLI,
       MYSORE TALUK
       AND DISTRICT-570008.

2.     SMT. PUTTAMMA
       D/O LATE MARININGASHETTY,
       W/O VENKATESH,
       AGED ABOUT 41 YEARS,
       R/AT NARAYANAPURA VILLAGE,
       PANDAVAPURA TALUK,
       MANDYA DISTRICT-571434.      ... APPELLANTS

(BY SRI.V.F.KUMAR, ADVOCATE)

AND:

1.     ERASHETTY
       S/O LATE SIDDASHETTY,
       AGED ABOUT 55 YEARS,
                          2
2.    KEMPAMMA
      W/O LATE SIDDARAJU,
      AGED ABOUT 38 YEARS,

3.    CHANDRAKALA
      D/O LATE SIDDARAJU,
      AGED ABOUT 26 YEARS,

4.    SHEELA
      D/O LATE SIDDARAJU,
      AGED ABOUT 24 YEARS,

5.    MANJU
      S/O LATE SIDDARAJU,
      AGED ABOUT 18 YEARS,

6.    NINGASHETTY
      S/O LATE SIDDASHETTY,
      AGED ABOUT 52 YEARS,

7.    JAYAMMA
      W/O LATE BASAVASHETTY,
      AGED ABOUT 60 YEARS,

8.    SIDDARAJU
      S/O LATE BASAVASHETTY,
      AGED ABOUT 40 YEARS,

9.    SOMESH
      S/O LATE BASAVASHETTY,
      AGED ABOUT 36 YEARS,

10.   BASAVARAJU
      S/O LATE BASAVASHETTY,
      AGED ABOUT 38 YEARS,

11.   MAHADEVAMMA
      W/O LATE SIDDASHETTY,
      AGED ABOUT 58 YEARS,
                           3
12.   MAHADEVASHETTY
      S/O MARIMADASHETTY,
      AGED ABOUT 70 YEARS,
      RESPONDENTS 1 TO 12 ARE
      R/AT VAJAMANGALA VILLAGE,
      VARUNA HOBLI,
      MYSORE TALUK AND
      DISTRICT-570008.

13.   YASHODA
      W/O LATE KUMAR,
      AGED ABOUT 45 YEARS,
      R/AT NO.266, 2ND CROSS,
      10TH MAIN, 2ND STAGE,
      BOGADI,
      MYSORE-570026.

14.   BASAVASHETTY
      S/O LATE GUDIYANAMADASHETTY
      @ GUDIYASHETTY,
      AGED ABOUT 68 YEARS,

15.   GUDIYANA MARISHETTY
      S/O LATE GUDIYANAMADASHETTY
      @ GUDIYASHETTY,
      AGED ABOUT 66 YEARS,

16.   GUDIYANA NINGASHETTY
      S/O LATE GUDIYANAMADASHETTY
      @ GUDIYASHETTY,
      AGED ABOUT 64 YEARS,

      RESPONDENTS 14 TO 16 ARE
      R/AT VAJAMANGALA VILLAGE,
      VARUNA HOBLI,
      MYSORE TALUK AND
      DISTRICT-570008.              ... RESPONDENTS

(BY SRI.MADHUSUDHAN, ADVOCATE FOR R6&R11;
                                4
    SRI.N.R.GIRISHA, ADVOCATE FOR R13;
    V.O.D:06.02.2019 SERVICE OF NOTICE TO R1 IS
    HELD SUFFICIENT; R2 TO R5, R7 TO R10, R12,
    R14, R15 AND R16 ARE SERVED AND
    UNREPRESENTED)

     THIS APPEAL IS FILED UNDER SECTION 100 OF
CPC., AGAINST THE JUDGMENT & DECREE DATED
17.06.2014 PASSED IN R.A.NO.1223/2010 ON THE FILE
OF THE IV ADDL. DISTRICT JUDGE, MYSORE, DISMISSING
THE APPEAL AND CONFIRMING THE JUDGMENT AND
DECREE DATED 13.09.2010 PASSED IN OS.NO.46/1998
ON THE FILE OF THE II ADDL. CIVIL JUDGE, MYSORE.

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


                         JUDGMENT

Learned counsel for the appellants seeks leave of the

Court to withdraw the appeal since all the necessary

parties have not been arrayed and the appeal is likely to

fail on that ground.

2. The request of the learned counsel for the

appellants is accepted and he is permitted to withdraw the

appeal with liberty to file a fresh suit.

3. Necessary memo to be filed within a period of

week.

Appeal is dismissed with liberty reserved to the

appellants to file a fresh suit on the same cause of action.

Sd/-

JUDGE

JS/-