K M Mahadevaiah vs Smt Kamalamma
2022 Latest Caselaw 200 Kant

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       IN THE HIGH COURT OF KARNATAKA AT BENGALURU

          DATED THIS THE 05TH DAY OF JANUARY, 2022

                           PRESENT

            THE HON'BLE MR. JUSTICE G.NARENDAR

                            AND

     THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR

           REGULAR FIRST APPEAL NO.745/2016 (PAR)

BETWEEN:

K.M.MAHADEVAIAH
S/O LATE. MARIGOWDA
AGED ABOUT 69 YEARS,
R/O KEMPISIDDANAHUNDI VILLAGE,
CHIKKIAYANA CHATHRA HOBLI,
NANJANGUD TALUK - 571301
MYSURU DISTRICT.
                                              ... APPELLANT

(BY SRI P.MAHESHA, ADV.)

AND:

1.     SMT. KAMALAMMA
       W/O HUCCHEGOWDA,
       D/O MARIGOWDA,
       AGED ABOUT 42 YEARS,
       R/O CHAMALAPURADAHUNDI VILLAGE,
       KASABA HOBLI,
       NANJANGUD TALUK-571301
       MYSURU DISTRICT.

2.     SMT. RATHNAMMA
       W/O NANJUNDEGOWDA,
       D/O MARIGOWDA,
       AGED ABOUT 40 YEARS,
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     R/O KADAKOLA VILLAGE,
     JAYAPURA HOBLI,
     MYSURU TALUK,
     MYSURU DISTRICT-570001.

3.   SMT. CHENNAJAMMA
     W/O SHIVANNA,
     D/O MARIGOWDA,
     AGED ABOUT 40 YEARS,
     R/O MUTTIGE VILLAGE,
     CHAMARAJANAGAR TALUK,
     CHAMARAJANAGAR DISTRICT-571313.

4.   SMT. MAHADEVAMMA
     W/O MAHADEVA,
     D/O MARIGOWDA,
     AGED ABOUT 36 YEARS,
     R/O DEVIRAMMANAHALLIHUNDI VILLAGE,
     KASABA HOBLI,
     NANJANGUD TALUK-571301,
     MYSURU DISTRICT.

5.   SMT. MADAMMA
     W/O MARIGOWDA,
     AGED ABOURT 66 YEARS,

6.   SHIVAMALLAMMA
     W/O LATE RACHEGOWDA,
     AGED ABOUT 31 YEARS,

7.   REVAMMA
     D/O LATE RACHEGOWDA,
     AGED ABOUT 31 YEARS,

8.   RAJASHEKHARA
     S/O LATE RACHEGOWDA,
     AGED ABOUT 22 YEARS,

9.   PARVATHI
     D/O LATE RACHEGOWDA,
     AGED ABOUT 22 YEARS,
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ALL ARE R/O DEVIRAMMANAHUNDI VILLAGE,
KASABA HOBLI, NANJANGUD TALUK,
MYSURU-571301.

10.   SUBBEGOWDA
      S/O LATE RACHEGOWDA,
      AGED ABOUT 66 YEARS,

11.   KALAMMA
      W/O LATE. SIDDEGOWDA,
      AGED ABOUT 58 YEARS,

12.   SIDDARAJU
      W/O LATE SIDDEGOWDA
      AGED ABOUT 31 YEARS,

13.   RAJESH
      S/O LATE SIDDEGOWDA,
      AGED ABOUT 31 YEARS,

ALL ARE R/O DEVIRAMMANAHUNDI VILLAGE,
KASABA HOBLI, NANJANGUD TALUK,
MYSURU-571301.

14.   KAMALAMMA
      W/O HONNAPPA
      D/O LATE. MARIGOWDA
      AGED ABOUT 66 YEARS,
      R/O 1ST CROSS, K.T.STREET,
      KALAMMANAGUDI BEEDHI,
      MYSURU-570001.
                                        ... RESPONDENTS

(BY SRI D.KRISHNAMURTHY, ADV. FOR R1-R13.)

     THIS REGULAR FIRST APPEAL IS FILED UNDER SECTION
96 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED
19.03.16 PASSED IN O.S NO.94/2012 ON THE FILE OF THE
SENIOR CIVIL JUDGE AND JMFC., NANJANGUD, PARTLY
DECREEING THE SUIT FOR PARTITION.
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     THIS REGULAR FIRST APPEAL COMING ON FOR ORDERS,
THIS DAY, G.NARENDAR J, DELIVERED THE FOLLOWING:


                        JUDGMENT

Heard the learned counsel for the appellant.

2. Memo is preferred praying leave of this Court to

withdraw the appeal. In view of the fact that the judgment

and decree under appeal has been set-aside by the Court of

the Senior Civil Judge and JMFC at Nanjangud in Misc.

No.9/2016 by order dated 04.03.2020 and the Court of the

Senior Civil Judge has been pleased to set-aside and restore

the matter back for consideration afresh.

3. In that view of the matter, it is prayed that the

instant appellant may be permitted to withdraw the appeal

and contest the matter before the trial court. It is also

submitted that the appellant has produced certain additional

documents in the instant appeal and that the appellant may

be provided liberty to produce the same before the trial

court.

4. Reserving such liberty, the appeal is dismissed

as withdrawn.

5. All contentions are left open.

In view of disposal of the appeal, I.As. do not survive

for consideration and is accordingly disposed off.

Sd/-

JUDGE

Sd/-

JUDGE

Chs CT-HR