Subbasetty Since Deceased By His ... vs Puttappa
2022 Latest Caselaw 10801 Kant

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

     DATED THIS THE 14TH DAY OF JULY, 2022

                     BEFORE

       THE HON'BLE MR. JUSTICE M.I.ARUN

           R.S.A. NO.666 OF 2013 (SP)

BETWEEN:

SUBBASETTY
SINCE DECEASED BY HIS LRS

1.   RAJAMMA
     D/O LATE SUBBASETTY
     DEAD BY HER LRS
     (DIED ON 12.01.2013)

1(a) SRI S N SRINIVASA
     S/O LATE RAJAMMA
     AGED ABOUT 38 YEARS

2.   SMT CHINNAMMA
     D/O LATE SUBBASETTY
     AGED ABOUT 60 YEARS

     APPELLANT NO.1 & 2 ARE
     R/AT SHETTAHALLI VILLAGE
     NANJANAGUDU TALUK
     MYSORE DISTRICT-571 301

3.   SMT SUBADRAMMA
     D/O LATE SUBBASETTY
     AGED 56 YEARS
     CHANDRAVADI VILLAGE
     HULLAHALLI HOBLI
                           2



       NANJANAGUDU TALUK
       MYSORE DISTRICT-571 301

4.     SMT SUSHEELAMMA
       D/O LATE SUBBASETTY
       AGED 68 YEARS, TAYOOR VILLAGE
       NANJANAGUDU TALUK
       MYSORE DISTRICT-571 301

5.     SMT NAGARATHNAMMA
       D/O LATE SUBBASETTY
       AGED 48 YEARS
       KODAGALLI VILLAGE, MALAVALLI TALUK
       MANDYA DISTRICT-571 430

6.     SMT NAGAMMA
       D/O LATE SUBBASETTY
       AGED 62 YEARS

7.     SRI C S RANGASWAMY
       S/O LATE SUBBASETTY
       AGED 52 YEARS

8.     SRI C S PRAKASH
       S/O LATE SUBBASETTY
       AGED 46 YEARS

9.     SRI C S SREENIVASAIAH
       S/O LATE SUBBASETTY
       AGED 56 YEARS

10 .   SRI C S NARAYANA
       S/O LATE SUBBASETTY
       AGED 42 YEARS

       APPELLANT NOS.6 TO 10 ARE
       R/AT CHAKKOOR VILLAGE
       SARGUR HOBLI, H.D.KOTE
                           3



       TALUK, MYSORE DIST-571 301
                                     ... APPELLANTS
(BY SRI.B.S.NAGARAJ, ADV.)

AND:

1.     PUTTAPPA
       S/O LATE SUBBEGOWDA
       BANKAVADI VILLAGE
       KADALIKE HOBLI, H D KOTE TQ
       SINCE DEAD BY HIS LRS.

1(a) SMT KEPADEVAMMA
     W/O LATE PUTTAPPA
     AGED ABOUT 70 YEARS

1(b) SMT NAGAMA
     D/O LATE PUTTAPPA
     AGED ABOUT 55 YEARS

1(c)   SMT JANAKAMMA
       D/O LATE PUTTAPPA
       AGED ABOUT 52 YEARS

1(d) SMT CHANDRAMMA
     D/O LATE PUTTAPPA
     AGED ABOUT 50 YEARS

1(e) SMT SUSHEELAMMA
     D/O LATE PUTTAPPA
     AGED ABOUT 40 YEARS

1(f)   SRI BALAKRISHANA
       S/O LATE PUTTAPPA
       AGED ABOUT 45 YEARS

1(g) SRI. SUBRAMANYA
     S/O LATE PUTTAPPA
                            4



     AGED ABOUT 35 YEARS

1(h) SRI GANESHA
     S/O LATE PUTTAPPA
     AGED ABOUT 38 YEARS

     RESPONDENT NO.1(a) TO 1(h) ARE
     R/AT BANKAVADI VILLAGE
     KANDALIKE HOBLI, H D KOTE TALUK
     MYSORE DISTRICT-571 114

2.   SRI LINGEGOWDA
     S/O LATE SUBBEGOWDA
     AGED ABOUT 59 YEARS

3.   SRI. C. S. CHANDREGOWDA ALIAS
     C.S.CHANDRAPPA
     S/O LATE SUBBEGOWDA
     AGED ABOUT 60 YEARS

     RESPONDENT NO.2 & 3 ARE R/AT
     CHAKKOOR VILLAGE, SARAGUR HOBLI
     H D KOTE TALUK, MYSORE DIST-571 114

                                      ... RESPONDENTS

(BY R1(f), R1(h), R2 AND R3 SERVED AND
    UNREPRESENTED;
    R1(b)(c)(d)(e) AND (g) ARE LRS. OF R1(a))

     THIS REGULAR FIRST APPEAL IS FILED UNDER
SECTION 100 OF CPC., AGAINST THE JUDGMENT AND
DECREE DATED 11.12.2012 PASSED IN R.A.NO.29/2003
ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC.,
HUNSUR, PARTLY ALLOWING THE APPEAL AND SETTING
ASIDE THE JUDGMENT AND DECREE DATED 11.04.2002
PASSED IN OS.NO.649/1989 ON THE FILE OF THE CIVIL
JUDGE (JR.DN) AND JMFC., H.D.KOTE.
                              5



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

                      JUDGMENT

Learned counsel for the appellants has filed a memo

dated 27.02.2020 with a prayer to dismiss the appeal as

withdrawn. He further submits that all the appellants have

consented for the said withdrawal.

Memo is taken on record.

The appeal is dismissed as withdrawn. All

pending I.A.s stands disposed of.

Sd/-

JUDGE

MH/-