Sri K M Dyamappa @ Dyamanna vs Smt Jairunisa
2022 Latest Caselaw 897 Kant

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     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

       DATED THIS THE 19TH DAY OF JANUARY, 2022

                         BEFORE

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

            R.S.A. No.526/2006 (DEC/INJ)

BETWEEN:

       SRI. K.M.DYAMAPPA @ DYAMANNA,
       S/O KARIYAPPA,
       AGED ABOUT 55 YEARS,
       D.No.2586, CHURCH ROAD,
       M.C.C., "A" BLOCK,
       DAVANAGERE.

       SINCE DEAD BY LRs.,

a.     SMT. JAYAMMA,
       W/O LATE K.M.DYAMAPPA @ DYAMANNA,
       AGED ABOUT 51 YEARS,

b.     SHRI.EKANATH PRASSANNA.D.M.,
       S/O LATE K.M.DYAMAPPA @ DYAMANNA,
       AGED ABOUT 31 YEARS,

c.     SHRI. GURU PRASSANNA D.M.
       S/O LATE K.M.DYAMAPPA @ DYAMANNA,
       AGED ABOUT 29 YEARS,

       ALL ARE RESIDING AT D.No.2586,
       CHURCH ROAD,
       M.C.C., "A" BLOCK, DAVANAGERE.
                                        ... APPELLANTS

(BY SRI. PADMANABHA V.MAHALE, SENIOR COUNSEL FOR
SRI. H.DEVENDRAPPA, ADV.)
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AND:

1.     SMT. JAIRUNISA,
       W/O K.SYED ALI,
       AGED ABOUT 48 YEARS,
       D.No.220/2, CHARLIE BUILDING,
       CHAMARAJPET, DAVANAGERE.

2.     SYED SHABBIR SAB,
       S/O SYED HUSSAIN SAB,
       (DEAD BY L.R AS UNDER)

2(a) SMT. SHABIRA,
     W/O LATE SHABIR SAB,
     MAJOR, HOUSEHOLD WORK,
     R/O MALAGATTA VILLAGE,
     SHIMOGA TALUK.

3.     N.S.SHIVAYOGI,
       S/O N.A.SHIVALINGAPPA,
       MAJOR,

       SINCE DECEASED BY LRs.,

3(a) SMT. N.S.LALITHA,
     W/O LATE N.S.SHIVAYOGI,
     AGED ABOUT 36 YEARS,

3(b) SRI. N.S.VISHWANATH,
     S/O LATE N.S.SHIVAYOGI,
     AGED ABOUT 20 YEARS,

3(c) SRI. N.S.AMAR,
     S/O LATE N.S.SHIVAYOGI,
     AGED ABOUT 19 YEARS,

       ALL ARE RESIDING AT
       No.1726/23, NITUVALLI MAIN ROAD,
       LENIN NAGARA, S.V.CONVENT SCHOOL ROAD,
       DAVANAGERE - 577 501.
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4.    N.S.MRUTUNJAYA,
      S/O N.A.SHIVALINGAPPA,
      MAJOR,
      R/AT D.No.209/2, 3RD MAIN,
      6TH CROSS, P.J.EXTENSION,
      DAVANGERE.

5.    B.SOMANATH,
      S/O MURIGENDRAPPA,

6.    B.MALLINATHA,
      S/O MURIGENDRAPPA,

7.    B.VEERABHADRAPPA,
      S/O MURIGENDRAPPA,

8.    B.RAMANATHA,
      S/O MURIGENDRAPPA,

9.    B.VISWANATHA,
      S/O MURIGENDRAPPA,

10.   B.JAGANATHA,
      S/O MURIGENDRAPPA,

      R-5 TO R-10 ARE MAJORS, MERCHANTS,
      R/AT GIRLS CONVENT SCHOOL ROAD,
      P.J.EXTENSION, DAVANAGERE.
                                 ... RESPONDENTS

(BY SRI. JAGADEESH MUNDARGI, ADV., FOR R-4 & R-3(a-c);
 NOTICE TO R-1 & R-2(a) SERVICE-HELD SUFFICIENT VIDE
 ORDER DATED:01.04.2009;
 R-5 TO R-10 SERVED AND UNREPRESENTED.)

     THIS APPEAL IS FILED UNDER SECTION 100 OF CPC
AGAINST THE JUDGMENT AND DECREE DATED 12.04.2005,
PASSED IN R.A.No.91/04 ON THE FILE OF THE ADDITIONAL
SESSIONS JUDGE FAST TRACK COURT II, AT DAVANAGERE,
DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT
AND DECREE DATED 29.10.1997 PASSED IN O.S.No.691/89
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ON THE FILE OF THE LEARNED ADDITIONAL CIVIL JUDGE
(JR.DN.), DAVANAGERE.

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

                             JUDGMENT

The learned counsel for the appellants filed a memo for

withdrawal which reads as under:

"The undersigned counsel for the Appellant, herein submits that the appellants have entered into an Agreement for Sale with L.R's of the respondent No.3(a) to (c) and respondent No.4, wherein the respondents have agreed to sell the schedule properties in favour of the appellants vide Agreement for sale dated 06.12.2021.

Hence, the aforesaid appeal does not survive for consideration and as such the same may kindly be disposed of as not pressed in the interest of justice and equity."

In view of the memo, the appeal is dismissed as

withdrawn.

Sd/-

JUDGE RK CT:SN