Karnataka High Court
Sri P. Taranath Rao vs Smt. Suguna R Kumble on 18 January, 2022
Bench: N S Gowda
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 18TH DAY OF JANUARY, 2022
BEFORE
THE HON'BLE MR.JUSTICE N.S.SANJAY GOWDA
R.S.A. No.1870/2013 (PAR)
BETWEEN:
1. SRI. P.TARANATH RAO,
S/O LATE P.HARISCHANDRA RAO,
AGED ABOUT 76 YEARS,
2. SRI. CHANDRASHEKAR RAO,
S/O LATE P.HARISCHANDRA RAO,
SINCE DECEASED, REPTD. BY LRS:
2(A) SMT.CHITHRA C.RAO,
W/O. LATE CHANDRASHEKAR RAO,
AGED ABOUT 77 YEARS,
2(B) SMT.SAVITHA NARESH PRABHU,
D/O.LATE CHANDRASHEKAR RAO,
AGED ABOUT 50 YEARS,
2(C) SRI. RAJESHCHANDRA RAO,
S/O. LATE CHANDRASHEKAR RAO,
AGED ABOUT 49 YEARS
ALL ARE RESIDING AT
'KUSUM' M.R.BHAT'S LANE
NEAR 2ND RAILWAY BRIDGE,
JEPPU, MANGALORE - 575 002.
3. SRI. SHIVANANDA RAO,
S/O LATE KAMALAKSHA RAO,
AGED ABOUT 50 YEARS,
R/AT M/S RAO & RAO,
2
MAIDAN ROAD,
MANGALORE - 575 001. ... APPELLANTS
(BY SMT. A.ANUSHA, ADVOCATE)
AND:
1. SMT. SUGUNA R.KUMBLE,
W/O R.A.KUMBLE,
AGED ABOUT 65 YEARS,
PERES BHAT COMPOUND, JAPPU,
MANGALORE - 575 002.
2. MRs. MITHRA K.RAO,
DIED ON 18.02.2011.
THE LEGAL REPRESENTATIVES ARE
ALREADY ON RECORD AS APPELLANT No.3,
RESPONDENT No.2 and RESPONDENT No.4.
3. SMT. MRS.GOWRI M.RAO,
MAJOR,
W/O MOHAN N.RAO,
405, 4TH FLOOR, ROYAL PALACE,
SHASTRINAGAR, CHAR BANGLA,
MUMBAI - 400 058.
4. SMT. GEETHA RAJANIKANTH,
AGED ABOUT 48 YEARS,
RAMANI VILAS, 47, RAJAJI ROAD,
SALEM - 636 007.
TAMIL NADU.
5. SRI. H.ASHOK RAO,
AGED ABOUT 65 YEARS,
No.18, S.N.DAS LAYOUT,
3RD STREET, TATABAD,
COIMBATORE - 641 012.
6. SMT. PUSHPA V.RAO,
AGED ABOUT 62 YEARS,
W/O VASANTHA RAO,
ALVARES ROAD, KADRI,
3
MANGALORE -02.
7. SMT. MEERA A.KAMATH,
AGED ABOUT 61 YEARS,
PLOT No.159, FLAT No.5,
MANGALA DEEP APARTMENTS,
KANSI SECTION,
AMBERNATH - 521 501.
MAHARASTRA.
SMT. JAYASHREE NAIK,
SINCE DEAD BY LRs.,
8. MR.H.A.NAIK,
S/O LATE JAYASHREE NAIK,
AGED ABOUT 70 YEARS,
9. MR. ARUIN NAIK,
S/O LATE JAYASHREE NAIK,
AGED ABOUT 70 YEARS,
BOTH ARE RESIDING AT
PLOT No.7, BHIDIWADI,
KANSI SECTION,
AMBERNATH - 521 501.
MAHARASTRA.
10. SMT. SHANTHA S.RAO.
DIED ON 8.10.2009 WITHOUT ISSUES
11. SMT. RAJEEVI BAI,
DIED ON 06.02.2010 WITHOUT ISSUES
BOTH ARE R/AT
KUSUM M.R.BHAT'S LANE
MEAR 2ND RAILWAY BRIDGE, JEPPU,
MANGALORE - 575 002.
SMT. INDIRA l.BELLARE
SINCE DEAD BY LRs.,
12. MR.LAXMAN V.BELLARE,
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DIED ON 28.04.2014
HIS LEGAL REPRESENTATIVES ARE ON
RECORD ARE R-13 TO R-15
13. MR.NANDA KUMAR BELLARE,
H/O LAE INDIRA l.BELLARE,
AGED ABOUT 59 YEARS,
14. MR. ARUN BELLARE,
H/O LATE INDIRA l.BELLARE,
AGED ABOUT 53 YEARS,
15. MR. HEMANTH BELLARE.
H/O LATE INDIRA l.BELLARE,
AGED ABOUT 53 YEARS,
ALL ARE RESIDING AT
SOHAN HOUSE CO-OPERATIVE SOCIETY,
PARSIWADI BLOCK 'A' SOHAN ROAD,
ANDHERI (WEST),
MUMBAI - 400 099.
16. MISS VIJAYALAXMI,
D/O LATE VASANTHI.S.RAO,
ADULT,
17. SMT. GAYATHRI,
D/O LATE VASANTHI.S.RAO,
ADULT,
18. PRAVEEN S.RAM,
S/O LATE VASANTHI S.RAO,
ADULT,
19. SMT. SUMITHRA,
D/O LATE VASANTHI S.RAO,
ADULT.
20. MISS.RANI,
D/O LATE VASANTHI S.RAO,
ADULT,
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R-16 TO R-20 ARE R/AT 1-2-234/10
GAGAN MAHAL ROAD,
DOMALAGUNDA,
HYDRABAD - 500 029.
ANDRA PRADESH.
21. MRS. ANURADHA J.RAO,
AGED ABOUT 65 YEARS,
W/O LATE M.J.RAO,
ANUPAM, GANDHINAGAR,
MANGALORE -3.
22. SRI. P.SOMASHEKAR RAO,
S/O LATE P.HARISCHANDRA RAO,
AGED ABOUT 71 YEARS,
RESIDING AT 'KUSUM', M.R.BHAT'S LANE,
NEAR 2ND RAILWAY BRIDGE, JEPPU,
MANGALORE - 575 002.
... RESPONDENTS
(BY SRI. S.K.MITHUN, ADV., FOR R-3;
SRI. CYRIL PRASAD PAIS, ADV., FOR R-5, R-7, R-8, R-9,
R-16 TO R-20 AND R-1 TO 4) AND R-13;
SRI. K.S.VENKATARAMANA, ADV., FOR R-4 AND R-21;
R-6, R-14 ARE SERVED AND UNREPRESENTED;
R-13, R-14, R-15 ARE LRs., OF DECEASED R-12 V/O
DATED:15.02.2016;
R-3 AND R-4 ARE LRs., OF DECEASED R-2;
NOTICE TO R-4, R-5, R-8 AND R-9 IS HELD SUFFICIENT,
VIDE ORDER DATED:12.01.2016.)
THIS APPEAL IS FILED UNDER SECTION 100 OF CPC.,
AGAINST THE JUDGMENT AND DECREE DATED:1.7.2013
PASSED IN R.A.No.14/2005 ON THE FILE OF THE II ADDL.
DISTRICT JUDGE, D.K., MANGALORE, DISMISSING THE
APPEAL AND CONFIRMING THE JUDGMENT AND DECREE
DATED 20.07.2005 PASSED IN O.S.No.86/1994 ON THE FILE
OF THE PRINCIPAL CIVIL JUDGE (SR.DN.) & CJM,
MANGALORE.
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THIS APPEAL COMING ON FOR ORDERS THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
JUDGMENT
The learned counsel for the appellants has filed a
memo which is duly signed by appellant No.1, the legal
representatives of the deceased appellant No.2 and
appellant No.3, seeking permission to withdraw the
appeal.
The memo is accepted and the appeal is
dismissed as withdrawn.
Sd/-
JUDGE
RK
CT:SN
