Sri L.Shivalingaiah vs Smt Channamma
2022 Latest Caselaw 889 Kant

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     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

        DATED THIS THE 19 TH DAY OF JANUARY, 2022

                             BEFORE

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

        REGULAR SECOND APPEAL No.1028/2014

BETWEEN:

SRI. L. SHIVALINGAIAH
AGED ABOUT 67 YEARS
R/O ANCHECHITTANAHALLI
KASABA HOBLI,
NAGAMANGALA TALUK,
MANDYA DISTRICT-571437.
                                                   ...APPELLANT
(BY SRI. K.N.NITISH, ADV.)

AND:

1.     SMT. CHANNAMMA
       W/O LATE LINGEGOWDA (DEAD)
       AGED ABOUT 88 YEARS
       R/AT ANCHECHITTANAHALLI,
       KASABA HOBLI
       NAGAMANGALA TALUK
       MANDYA DISTRICT-571 437

       1ST RESPONDENT SMT. CHANNAMMA NO MORE.
       SHE DIED ON 06.02.2015. THE APPELLANT AND
       RESPONDENT NO.2 TO 8 ARE HER LRs.

       (CAUSE TITLE AMENDED AS PER COURT ORDER
       DATED 16.08.2016)

SMT. JAYALAKSHMAMMA SINCE DEAD BY HER LRS.

2.     SMT. SHANTHAMMA
       D/O LATE JAYALAKSHMAMMA
       AGED ABOUT 41 YEARS

3.     SRI. UDAYA KUMAR
                            2



     S/O LATE JAYALAKSHMAMMA
     AGED ABOUT 25 YEARS

     BOTH ARE R/AT MADUGERE VILLAGE
     BELLUR HOBLI, NAGAMANGALA TALUK,
     MANDYA DISTRICT-571 437.

4.   SMT. PUTTANANJAMMA
     D/O LATE LINGEGOWDA
     AGED ABOUT 65 YEARS

5.   SMT. L. SAVITHRAMMA
     D/O LATE LINGEGOWDA
     AGED ABOUT 59 YEARS

6.   SMT. L. GIRIYAMMA
     D/O LATE LINGEGOWDA
     AGED ABOUT 58 YEARS

7.   SMT. L. SARASWATHI
     D/O LATE LINGEGOWDA
     AGED ABOUT 52 YEARS

     ALL ARE RESIDENTS OF
     R/AT ANCHECHITTANAHALLI,
     KASABA HOBLI,
     NAGAMANGALA TALUK,
     MANDYA DISTRICT-571 437.

8.   L. NANJUNDEGOWDA
     S/O LATE LINGEGOWDA
     AGED ABOUT 55 YEARS
     R/AT ANCHECHITTANAHALLI,
     KASABA HOBLI,
     NAGAMANGALA TALUK,
     MANDYA DISTRICT-571 437.
                                           ...RESPONDENTS
(BY SRI. V.F.KUMBAR, ADV. FOR R2 TO R8;
VIDE ORDER DATED 29.06.2016, APPELLANT AND R2 TO R8 ARE
THE LRs OF DECEASED R1)

     THIS R.S.A. IS FILED UNDER SECTION 100 OF CPC.,
AGAINST THE JUDGEMENT AND DECREE DATED 09.04.2014
PASSED IN R.A.NO.86/2012 ON THE FILE OF THE I ADDL.
DISTRICT & SESSIONS JUDGE, MANDYA, DISMISSING THE APPEAL
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AND CONFIRMING THE ORDER DTD 21.04.2012 PASSED IN FDP
NO.4/2008 ON THE FILE OF THE SENIOR CIVIL JUDGE,
NAGAMANGALA, PARTLY ALLOWING THE FINAL DECREE PETITION
FILED UNDER SECTION 54 OF CPC.

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

                         JUDGMENT

Learned counsel for the appellant submits that appeal

may be dismissed as withdrawn.

Submission is accepted.

The appeal is dismissed as withdrawn and Memo in this

regard shall be filed within a week in the Registry.

Sd/-

JUDGE

hnm